The Fake Restraining Order form is a document that can be misused to create the appearance of a legitimate legal order, often causing significant harm to individuals and organizations. This form, typically associated with workplace violence prevention, outlines the rights and restrictions imposed on individuals named as respondents. Understanding the implications and consequences of such fraudulent documents is crucial for both employers and employees in maintaining a safe work environment.
In the realm of workplace safety, the Fake Restraining Order form, formally known as WV-110, serves a crucial role in addressing incidents of workplace violence and ensuring the protection of employees. This document is designed for use by employers seeking temporary restraining orders against individuals who pose a credible threat to their workplace environment. It outlines essential information about the petitioner, typically the employer, and the employee who is the protected person. The form requires detailed identification of the respondent, including personal attributes such as height, weight, and relationship to the employee. Furthermore, it allows for the inclusion of additional protected persons, such as family members or other employees, who may also require protection. The form specifies various orders that can be granted, including personal conduct orders that prohibit harassment and contact, as well as stay-away orders that establish safe distances between the restrained person and the protected individuals. Importantly, the document includes provisions regarding the possession of firearms, mandating that the restrained person must relinquish any firearms they may possess. Additionally, it emphasizes the legal consequences of non-compliance, underscoring the seriousness of the situation. By providing a structured approach to addressing threats, the Fake Restraining Order form is a vital tool in fostering a safe workplace environment.
What is a Fake Restraining Order form?
A Fake Restraining Order form is an imitation of a legitimate legal document that is designed to mislead individuals into believing it has legal authority. Such forms can create confusion and may result in serious legal consequences for those who use or distribute them. It is crucial to understand that using a fake form can undermine the integrity of the legal system and can lead to criminal charges.
How can I identify a Fake Restraining Order form?
Identifying a Fake Restraining Order form involves looking for inconsistencies in formatting, language, and official seals. Legitimate forms typically include specific court information, case numbers, and official signatures. If the document lacks these features or contains errors, it may be fake. Always verify with the court if you are uncertain about a document's authenticity.
What should I do if I receive a Fake Restraining Order?
If you receive a Fake Restraining Order, do not comply with its demands. Instead, report it to local law enforcement and consult a legal professional for guidance. Document the circumstances under which you received the order, as this information may be important for any investigations or legal actions that follow.
Can a Fake Restraining Order have legal consequences?
Yes, using or distributing a Fake Restraining Order can lead to severe legal consequences. Individuals may face criminal charges, including fraud or forgery. Additionally, those who are falsely accused or targeted by such orders may experience emotional distress and reputational harm. It is essential to take any allegations seriously and seek legal counsel.
What are the typical elements included in a legitimate restraining order?
A legitimate restraining order typically includes the names of the parties involved, specific prohibitions against the restrained person, and details about the protected individual. It will also outline the duration of the order, the court's jurisdiction, and the consequences of violating the order. These elements ensure clarity and enforceability.
How can I report a Fake Restraining Order?
To report a Fake Restraining Order, contact your local law enforcement agency immediately. Provide them with all relevant information, including the document itself and any context surrounding its receipt. You may also want to notify the court that issued the order, if applicable, to prevent any further misuse of the document.
What steps should I take if I believe I am a victim of a Fake Restraining Order?
If you believe you are a victim of a Fake Restraining Order, it is vital to act quickly. Gather all documentation related to the order and consult with an attorney who specializes in restraining orders or civil rights. They can help you understand your rights and guide you on how to contest the order effectively.
Are there resources available for individuals affected by Fake Restraining Orders?
Yes, various resources are available for individuals affected by Fake Restraining Orders. Legal aid organizations, victim advocacy groups, and local bar associations can provide assistance. Additionally, many courts offer self-help resources and guides for navigating restraining order processes, including how to respond to false claims.
What is the importance of verifying the authenticity of a restraining order?
Verifying the authenticity of a restraining order is crucial for ensuring that individuals understand their rights and responsibilities. It helps prevent unnecessary legal complications and protects individuals from potential harm. Taking the time to confirm a document's legitimacy can safeguard one's legal standing and personal safety.
When filling out and using the Fake Restraining Order form, there are several important points to keep in mind. Understanding these key aspects can help ensure that the process goes smoothly and effectively.
Misconception 1: A Fake Restraining Order is a legitimate legal document.
In reality, a Fake Restraining Order is not recognized by the court. It holds no legal weight and cannot be enforced.
Misconception 2: Anyone can easily create a Fake Restraining Order without consequences.
Creating a Fake Restraining Order can lead to serious legal repercussions, including criminal charges. The law takes such actions very seriously.
Misconception 3: A Fake Restraining Order can be used to manipulate or intimidate someone.
Using a Fake Restraining Order for intimidation is not only unethical but also illegal. Courts are vigilant in identifying and prosecuting such misuse.
Misconception 4: A Fake Restraining Order can be used to avoid legal responsibilities.
This is false. Courts will not recognize a Fake Restraining Order as a valid excuse to evade obligations. Legal consequences will still apply.
Misconception 5: The information on a Fake Restraining Order is confidential.
Typically, any document filed with the court, including restraining orders, becomes part of the public record. This means it can be accessed by others.
Misconception 6: A Fake Restraining Order can be easily removed from public records.
Once a document is filed with the court, it cannot simply be erased. Legal procedures must be followed to address any inaccuracies.
Misconception 7: A Fake Restraining Order can protect someone from legal action.
This is incorrect. A Fake Restraining Order cannot shield someone from legal consequences. Courts will not honor it.
Misconception 8: All restraining orders are the same.
Not all restraining orders are created equal. Each type serves different purposes and has specific requirements. Understanding the differences is crucial.
WV-110 Temporary Restraining Order
1Petitioner (Employer) a. Name:
Lawyer for Petitioner (if any, for this case):
Name:
State Bar No.:
Firm Name:
b. Your Address (If you have a lawyer, give your lawyer’s information.):
Address:
City:
State:
Zip:
Telephone:Fax:
E-Mail Address:
2Employee (Protected Person)
Full Name:
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Court fills in case number when form is filed.
3 Respondent (Restrained Person)
Case Number:
Description:
Sex:
M
F Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
Relationship to Employee:
4 Additional Protected Persons
In addition to the employee, the following family or household members or other employees are protected by the temporary orders indicated below:
Full Name
Sex Age Household Member?
Relation to Employee
Yes No
Additional protected persons are listed at the end of this Order on Attachment 4.
5Expiration Date
This Order expires at the end of the hearing scheduled for the date and time below:
Date:
Time:
a.m.
p.m.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Mandatory Form Code of Civil Procedure, §§ 527.8 and 527.9 Approved by DOJ
Temporary Restraining Order (CLETS—TWH)
WV-110, Page 1 of 5
(Workplace Violence Prevention)
To the Respondent:
The court has issued the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You may have to go to jail for up to one year, pay a fine of up to $1,000, or both.
6Personal Conduct Orders
Not Requested
Denied Until the Hearing
Granted as Follows:
a. You are ordered not do the following things to the employee and to the other protected persons listed in 4 :
(1)
Harass, molest, strike, assault (sexually or otherwise), batter, abuse, destroy personal property of, or
disturb the peace of the person.
(2)
Commit acts of violence or make threats of violence against the person.
(3)
Follow or stalk the person during work hours or to or from the place of work.
(4)
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by e-mail, by fax, or by other electronic means.
(5) Enter the workplace of the person.
(6) Take any action to obtain the person’s address or locations. If this item is not checked, the court has found good cause not to make this order.
(7) Other (specify):
Other personal conduct orders are attached at the end of this Order on Attachment 6a(7).
b.Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the petitioner.
7Stay-Away Order Not Requested
a. You must stay at least
yards away from
(check all that apply):
(7)
The employee
The employee’s children’s place of child care
Each other protected person listed in 4 (8)
The employee’s vehicle
The employee’s workplace
(9)
Other (specify):
(4) The employee’s home
(5) The employee’s school
(6) The employee’s children’s school
b. This stay-away order does not prevent you from going to or from your home or place of employment.
Revised January 1, 2017
WV-110, Page 2 of 5
8No Guns or Other Firearms and Ammunition
a.You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition.
b.You must:
(1)Sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order.
(2)File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may use form WV-800, Proof of Firearms Turned In, Sold, or Stored for the receipt.)
c. The court has received information that you own or possess a firearm.
9 Other Orders
Granted as Follows (specify):
Additional orders are attached at the end of this Order on Attachment 9.
To the Petitioner:
10Mandatory Entry of Order Into CARPOS Through CLETS
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one):
a.
b.
The clerk will enter this Order and its proof-of-service form into CARPOS.
The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS.
c.
By the close of business on the date that this Order is made, the employer or the employer’s lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agencies listed below to enter into CARPOS:
Name of Law Enforcement Agency
Address (City, State, Zip)
Additional law enforcement agencies are listed at the end of this Order on Attachment 10.
11 No Fee to Serve (Notify) Restrained Person
Ordered
Not Ordered
The sheriff or marshal will serve this Order without charge because:
a. The Order is based on a credible threat of violence or stalking.
b. The petitioner is entitled to a fee waiver.
WV-110, Page 3 of 5
12Number of pages attached to this Order, if any: Date:
Judicial Officer
Warnings and Notices to the Restrained Person in 2
You Cannot Have Guns or Firearms
You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control as stated in item 8 above. The court will require you to prove that you did so.
Notice Regarding Nonappearance at Hearing and Service of Order
If you have been personally served with this Temporary Restraining Order and form WV-109, Notice of Court Hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the address in item 3 .
If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the court.
After You Have Been Served With a Restraining Order
•Obey all the orders. Any intentional violation of this Order is a misdemeanor punishable by a fine or by imprisonment in a county jail, or by both fine and imprisonment. (Pen. Code, § 273.6.)
•Read form WV-120-INFO, How Can I Respond to a Petition for Orders to Stop Workplace Violence?, to learn how to respond to this Order.
•If you want to respond, fill out form WV-120, Response to Petition for Workplace Violence Restraining Orders, and file it with the court clerk. You do not have to pay any fee to file your response if the petition claims that you threatened violence against or stalked the employee, or placed the employee in reasonable fear of violence.
•You must have form WV-120 served on the petitioner or the petitioner’s attorney by mail. You cannot do this yourself. The person who does the service should complete and sign form WV-250, Proof of Service of Response by Mail. File the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing.
•In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge of the facts. You may use form MC-030, Declaration, for this purpose. It is available from the clerk’s office at the court shown on page 1 of this form or at www.courts.ca.gov/forms. If you do not know how to prepare a declaration, you should see a lawyer.
•Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing.
•At the hearing, the judge can make restraining orders against you that last for up to three years. Tell the judge why you disagree with the orders requested.
WV-110, Page 4 of 5
Instructions for Law Enforcement
Enforcing the Restraining Order
This order is enforceable by any law enforcement agency that has received the order, is shown a copy of the order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). Agencies are encouraged to enter violation messages into CARPOS. If the law enforcement agency has not received proof of service on the restrained person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this order are subject to criminal penalties.
Start Date and End Date of Orders
This order starts on the date next to the judge’s signature on page 4. The order ends on the expiration date in item 5 on page 1.
If the Protected Person Contacts the Restrained Person
Even if the protected person invites or consents to contact with the restrained person, this order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The order can be changed only by another court order. (Pen. Code, § 13710(b).)
Conflicting Orders—Priorities for Enforcement
If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pen. Code, § 136.2, Fam. Code, §§ 6383(h)(2), 6405(b).)
1.EPO: If one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders.
2.No Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has precedence over any other restraining or protective order.
3.Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable.
4.Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced.
Clerk’s Certificate [seal]
(Clerk will fill out this part.)
—Clerk's Certificate—
I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court.
Clerk, by
, Deputy
WV-110, Page 5 of 5
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Incomplete Information: Many people fail to provide all required details about the petitioner, the employee, and the respondent. Omitting critical information can delay the process or result in a rejection of the application.
Incorrect Case Number: Using an incorrect or missing case number can create confusion and complicate the filing process. Ensure that the case number is accurate and clearly written.
Failure to Specify Protected Persons: Not listing additional protected persons can lead to gaps in the order. It is crucial to include all individuals who need protection to ensure their safety.
Ignoring Expiration Date: Some applicants overlook the expiration date of the order. This can result in a lack of clarity regarding how long the order is effective.
Missing Signatures: Failing to sign the form or have the necessary parties sign can invalidate the order. All required signatures must be present for the form to be legally binding.
Not Following Submission Guidelines: Submitting the form without adhering to court guidelines can lead to rejection. Make sure to follow all instructions regarding submission and service of the order.
Neglecting to Provide Contact Information: Omitting contact details for the petitioner or their attorney can hinder communication. It is essential to include accurate contact information for all parties involved.
When filling out the Fake Restraining Order form, consider the following dos and don'ts:
The Fake Restraining Order form is similar to the Domestic Violence Restraining Order (DVRO). Both documents serve to protect individuals from threats or acts of violence. A DVRO specifically addresses situations involving intimate partners or family members, whereas the Fake Restraining Order may involve workplace scenarios. In both cases, the protected person can request specific orders to prevent harassment, contact, or violence from the restrained individual.
Understanding various legal documents can be complex, especially when differentiating between orders designed to protect individuals from harm. For instance, the FedEx Release Form serves as a critical tool for customers expecting deliveries when they are not available to receive them in person. This document provides detailed instructions on how individuals can authorize FedEx to leave packages at a designated location, thereby ensuring the delivery process is not hindered by their absence. Important components of the form include specifying a preferred delivery spot, signing to validate the authorization, and attaching the form visibly for the FedEx driver before the expected delivery time; to learn more about this process, click here.
Another similar document is the Civil Harassment Restraining Order. This order is designed for situations where the parties involved do not have a close personal relationship, such as neighbors or acquaintances. Like the Fake Restraining Order, it aims to prevent harassment and maintain safety. Both forms require the petitioner to provide evidence of harassment or threats to obtain the order.
The Elder or Dependent Adult Abuse Restraining Order is also comparable. This type of order is specifically tailored to protect elderly individuals or dependent adults from abuse or neglect. It shares similarities with the Fake Restraining Order in that it can impose restrictions on the abuser, such as prohibiting contact or requiring the abuser to stay away from the protected person’s residence or workplace.
Additionally, the Workplace Violence Restraining Order is closely related. This order is specifically designed for employees facing threats or violence in their workplace. Both the Fake Restraining Order and the Workplace Violence Restraining Order provide a mechanism for employees to seek legal protection against individuals who pose a threat in a work environment.
The Emergency Protective Order (EPO) is another document that resembles the Fake Restraining Order. An EPO is typically issued in urgent situations to provide immediate protection before a more permanent order can be established. Both documents aim to provide quick relief to individuals facing immediate threats, though an EPO is often temporary and requires a follow-up hearing.
The No Contact Order is similar in its intent to prevent communication between parties. While it is often issued in criminal cases, it can also be part of a restraining order. Both the Fake Restraining Order and the No Contact Order prohibit the restrained individual from contacting the protected person, ensuring their safety and peace of mind.
The Stalking Restraining Order also shares characteristics with the Fake Restraining Order. This type of order is specifically for individuals who are being stalked or harassed. Both forms require the petitioner to demonstrate a pattern of behavior that causes fear or distress, and both can result in similar prohibitions against contact and proximity.
Finally, the Child Custody Restraining Order can be seen as related, especially in cases involving family disputes. While its primary focus is on custody issues, it may include provisions for the protection of one parent or the child from potential harm. Both the Child Custody Restraining Order and the Fake Restraining Order emphasize the safety of individuals involved and may impose restrictions on the restrained party.