A Temporary Restraining Order, specifically the WV-110 form, serves as a critical means of protection, issued by the court, to prevent acts of workplace violence by establishing strict guidelines that the restrained person must follow. This form meticulously outlines the restrictions placed upon the respondent, including prohibitions against harassment, contact, and the possession of firearms, and delineates the consequences of violating the order, such as arrest and fines. Understanding and correctly filling out this form is paramount for ensuring the safety and legal protection of individuals faced with threats of workplace violence. To initiate the process of obtaining a temporary restraining order for workplace violence prevention, click the button below.
In the realm of legal protections for workplace safety, the Temporary Restraining Order (TRO), detailed in form WV-110, serves as a crucial instrument aimed at mitigating risks of violence and creating a safer working environment. This form, revised as of January 1, 2017, under the mandates of the Code of Civil Procedure, §§ 527.8 and 527.9, endorsed by the Department of Justice, embodies the legal framework within California to preemptively address threats by imposing restrictions on the conduct of individuals identified as potential threats to the safety and peace of employers and employees. The form meticulously outlines the petitioner's and the respondent's details alongside any additional protected persons, thereby setting the stage for a comprehensive protection order. It includes provisions for personal conduct orders, specifying behaviors the restrained person must abstain from, and stay-away orders, delineating physical distances to be maintained from the protected individuals and locations. Significantly, it underscores the prohibition against owning or possessing firearms and the mandate to relinquish such weapons, underlining the seriousness with which threats are addressed. Moreover, the inclusion of a mandatory entry of the order into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS) ensures statewide enforceability. The form also details the no-fee service provision for serving the restraining order, highlighting the accessibility of protective measures irrespective of the petitioner's financial status. Notably, the document is not just a restraining tool but comes embedded with explicit instructions and implications for the restrained person, extending an opportunity to respond to the petition thus ensuring fairness in the judicial process. This TRO form is emblematic of the legal system's proactive stance against workplace violence, embodying a multi-faceted approach towards prevention, enforceability, and individual rights.
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
Filling out legal forms accurately is a crucial step in ensuring that your documentation is processed correctly and efficiently. In the case of the WV-110 Temporary Restraining Order form, it is designed to address situations that require immediate legal intervention to prevent workplace violence. The following steps will guide you through filling out the form properly. By following these instructions, you can help ensure that the request for a restraining order is clear, comprehensive, and in compliance with the requirements.
After completing all sections of the form and any necessary attachments, submit the documents to the appropriate court for processing. Remember, this form plays a vital role in providing temporary protection until the court can rule on the situation, so clarity and accuracy are paramount. Always keep a copy of the submitted form for your records.
A temporary restraining order (TRO) is a court order designed to provide immediate protection from harm by legally preventing someone from coming into contact with you. The purpose is to stop harassment, stalking, threats, or physical abuse until a full court hearing can take place. It specifies what the restrained person can and cannot do, including staying a certain distance away from the person they are restrained from, and it may include other specific orders depending on the situation.
To obtain a TRO, you must file a petition with the court detailing why you need protection. The document you fill out will include your information, the respondent's (the person you want to restrain) information, and specifics about why you're seeking the order. After you submit the form, a judge will review it and may issue the temporary restraining order without needing the respondent present. A hearing date is usually set, where both parties can present their cases, for the court to decide if a permanent order is necessary.
Yes, the respondent has the right to contest a TRO. They must be served with the order and given the date of the court hearing. At the hearing, the respondent can present their own evidence and arguments against the issuance of a permanent restraining order. They may also file a response to the petition, outlining their side of the story, and can bring witnesses or documents to support their case.
Typically, there is no fee to apply for a temporary restraining order related to domestic violence, stalking, or harassment. This is to ensure that individuals seeking protection can obtain it without financial barriers. However, there may be other costs associated with serving the order on the respondent. Certain situations, such as workplace violence prevention orders, might have different rules regarding fees.
When filling out the WV-110 Temporary Restraining Order form, several common mistakes can lead to processing delays or the form being filled out incorrectly. Understanding these errors can help ensure the form is completed accurately and effectively.
Not providing complete personal information for the petitioner, especially if they have a lawyer. The form requires detailed contact information including the lawyer’s State Bar No., if applicable.
Leaving the respondent’s (restrained person's) description fields incomplete. Essential details such as sex, height, weight, date of birth, hair color, eye color, age, race, and home address are crucial for identifying the restrained person correctly.
Failing to list all additional protected persons correctly. It’s imperative to include the full names, sex, ages, and relation of all individuals needing protection under section 4, ensuring their safety is covered by the order.
Incorrectly specifying or leaving blank the expiration date of the order. This date is critical as it informs all parties involved until when the temporary restraining order is in effect.
Not properly detailing the personal conduct orders or stay-away orders granted by the court. Each granted condition must be clearly understood and correctly marked to ensure the restrained person knows what actions are prohibited.
Omitting the mandatory entry of the order into CARPOS through CLETS. This step is vital for law enforcement to have immediate access to the order’s details, enhancing the protected person’s safety.
Not acknowledging the no fee to serve provision for the restrained person if applicable. Understanding whether the sheriff or marshal will serve the order without charge can impact how quickly and efficiently the order is processed and served.
Ensuring the accuracy of the information provided on the form, along with adhering to the specific instructions for each section, significantly aids in the effectiveness of the temporary restraining order. Avoiding these common mistakes can help protect individuals more securely and swiftly.
When filing a Temporary Restraining Order like the WV-110, several other forms and documents are often required or used to support the process. These documents can range from ones that prove the necessity of the restraining order to those that enforce or modify the order after it is issued. Each has its unique role in ensuring the protection of the individuals involved and in maintaining the legal integrity of the process.
Together, these forms and documents ensure a thorough and legally sound process for obtaining and enforcing a Temporary Restraining Order. They serve to protect the rights and safety of the individual seeking the order, while also providing a fair opportunity for the respondent to be heard.
When we talk about legal documentation, it's clear that certain forms share common structures and purposes. Specifically, the Fake Restraining Order form, designed for workplace violence prevention, bears similarities to a range of other legal forms. This connection is not only in their fundamental purpose—to offer protection—but also in the specifics of their content and structure. Let’s explore eight other documents that resemble the Fake Restraining Order form:
Each of these documents, while tailored to specific circumstances, collectively aims to enforce legal protections against potential threats or disruptions. Understanding the nuances and precise applications of these forms can empower individuals to seek out the most appropriate type of legal protection for their unique situations.
Filling out a restraining order form, such as the Temporary Restraining Order (WV-110), is a serious matter that requires attention to detail and accuracy. Here are essential dos and don'ts to consider:
Dos:
Don'ts:
Many people have misconceptions about what a fake restraining order form entails. Here are six common misunderstandings:
A fake restraining order form is a practical joke. It's important to clarify that creating or submitting a document that mimics a genuine legal restraining order as a prank is both unethical and illegal. Misrepresenting legal documents can have severe legal consequences.
Using a fake form can be an easy way to resolve personal disputes. Not only is this approach ineffective, but it's also illegal. Authentic restraining orders are issued by courts to prevent harassment or violence, and they require concrete evidence. Attempting to bypass the legal system can lead to criminal charges.
There's no harm in creating a fake restraining order form if you don't use it. Simply creating such a document can be considered an intent to commit fraud or defamation, even if you never use it. It's a misunderstanding to think that unused false legal documents are harmless.
Any document can be made to look legally binding. While it's technically possible to create documents that look official, legal documents such as restraining orders have specific language, require a judge's signature, and must be processed through legal channels. Forged documents can easily be identified and discredited by law enforcement or legal officials.
Submitting a fake restraining order form is not a crime. This belief is incorrect. Filing false legal documents, misleading the courts, or impersonating legal entities can result in criminal charges, including fraud, forgery, and obstruction of justice.
You can freely distribute fake restraining order forms without consequence. Distributing false legal documents, even casually or online, can be considered an attempt to undermine the legal system or harm another individual's reputation, potentially leading to legal action against you.
It's vital to approach legal matters with honesty and integrity. Using or creating fake legal documents like restraining orders can have serious, unintended consequences. Anyone considering these actions should seek legal counsel to understand the potential repercussions fully.
Filling out and using a Temporary Restraining Order form, such as the WV-110 for workplace violence prevention in California, requires careful attention to detail and an understanding of the legal implications involved. This document outlines a process that, when followed correctly, can provide protection for employees and others from potential harm. Here are four key takeaways to consider:
Upon completion, this document not only outlines the restrictions placed on the respondent but also provides mechanisms for enforcement and penalties for non-compliance, such as arrest and charges leading to fines or imprisonment. Additionally, specified orders regarding firearms underscore the seriousness with which such restraining orders are enforced. Compliance with the order is mandatory until a court decides otherwise. Finally, ensuring the order is entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS) is a critical step for enforceability. Law enforcement agencies play a key role in the enforcement and protection mechanisms set forth by the order.
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Social Security and Death of Spouse - Submission of the SS-5 form is necessary for updating records due to naturalization.