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The Fake Restraining Order form, known as WV-110, is an essential document designed to provide immediate protection for individuals facing threats or violence in the workplace. This form is primarily utilized by employers, who act as petitioners, to seek temporary restraining orders against individuals who pose a threat to their employees. It includes critical sections that capture the necessary information about both the petitioner and the respondent, such as names, addresses, and physical descriptions. The form outlines specific orders that can be granted by the court, detailing prohibited actions the restrained person must avoid, such as harassment, stalking, and contact with the protected individual. Additionally, it includes provisions for firearm restrictions, ensuring that the respondent cannot possess or acquire any weapons during the order's duration. The order also specifies the expiration date, which is typically set for the end of a scheduled court hearing, and emphasizes the legal consequences for violating the terms of the restraining order. This form serves not only as a protective measure but also as a legal document that must be properly filed and enforced, highlighting the seriousness of workplace safety and the legal framework designed to uphold it.
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Document Specifics
| Fact Name | Description |
|---|---|
| Form Title | The form is titled "WV-110 Temporary Restraining Order" and is used in workplace violence prevention cases. |
| Governing Law | This form is governed by the California Code of Civil Procedure, specifically sections 527.8 and 527.9. |
| Petitioner Information | The petitioner, typically the employer, must provide their name and contact information, including the name of their lawyer if applicable. |
| Respondent Details | The respondent must be identified with their full name, physical description, and relationship to the employee. |
| Expiration of Order | The temporary restraining order expires at the end of the scheduled hearing unless extended by the court. |
How to Write Fake Restraining Order
Filling out the Fake Restraining Order form can be a straightforward process if you follow the steps carefully. Each section requires specific information, and accuracy is essential to ensure the order is valid. Once completed, the form will need to be filed with the appropriate court, and the next steps will involve serving the order to the restrained person and attending any scheduled hearings.
- Petitioner Information: Start by entering the name of the employer in the designated space. If you have a lawyer, include their name, state bar number, and firm name.
- Address Details: Fill in your address. If you have a lawyer, provide their address instead.
- Protected Person: Enter the full name of the employee who is the protected person.
- Court Information: Write the name of the court and its street address. The case number will be filled in later by the court.
- Respondent Information: Provide the full name of the restrained person. Include their sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
- Relationship: Indicate the relationship between the employee and the restrained person.
- Additional Protected Persons: List any family or household members or other employees who need protection. Include their names, sex, age, and relationship to the employee.
- Expiration Date: Specify the date and time when the order expires, which is the end of the scheduled hearing.
- Personal Conduct Orders: Check the boxes for any personal conduct orders you want to request against the restrained person.
- Stay-Away Order: Indicate the distances the restrained person must maintain from the employee and other specified locations.
- No Guns or Firearms: Acknowledge that the restrained person cannot possess firearms and outline any actions they must take regarding firearms.
- Other Orders: Specify any additional orders you wish to request.
- Entry of Order: Choose whether the court clerk will enter the order into the California Restraining and Protective Order System (CARPOS).
- Fee Waiver: Indicate whether you are requesting a fee waiver for serving the order.
- Attachments: Note the number of pages attached to the order, if any.
- Signature: Sign and date the form where indicated.
Dos and Don'ts
When filling out the Fake Restraining Order form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and things to avoid.
- Do provide complete and accurate information about the petitioner, employee, and respondent.
- Do include all necessary contact details, such as addresses and phone numbers.
- Do check the form for errors before submission.
- Do ensure that all required signatures are present.
- Do submit the form to the correct court in a timely manner.
- Don't leave any sections of the form blank unless instructed.
- Don't provide false information or exaggerate details.
- Don't forget to keep a copy of the completed form for your records.
- Don't ignore deadlines for filing the form.
- Don't attempt to serve the order yourself; use a process server or law enforcement instead.
Documents used along the form
When dealing with a Fake Restraining Order, it is essential to understand the other forms and documents that may accompany it. Each of these documents serves a specific purpose and can provide clarity and guidance throughout the process. Below is a list of commonly associated forms that can be beneficial.
- WV-120: Response to Petition for Workplace Violence Restraining Orders - This form allows the respondent to formally respond to the allegations made in the restraining order. It is crucial for the respondent to articulate their side of the story and provide any evidence they may have.
- WV-109: Notice of Court Hearing - This document informs the respondent about the scheduled court hearing related to the restraining order. It includes details such as the date, time, and location, ensuring that the respondent is aware of their obligation to appear in court.
- WV-800: Proof of Firearms Turned In, Sold, or Stored - If firearms are involved, this form serves as proof that the restrained person has complied with the order to relinquish their firearms. It must be filed with the court within a specified timeframe.
- MC-030: Declaration - This form is used to submit a written statement under penalty of perjury. It can include personal accounts or witness testimonies that support the respondent's case.
- WV-250: Proof of Service of Response by Mail - This document verifies that the respondent has served their response to the petitioner or their attorney. It is a necessary step to ensure that all parties are informed of the proceedings.
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- EPO-001: Emergency Protective Order - In urgent situations, this order can be issued to provide immediate protection before a full hearing can take place. It is temporary and is typically enforced until the court can review the situation.
Understanding these documents is vital for anyone involved in a restraining order case. Each form plays a role in ensuring that the rights and responsibilities of all parties are clearly defined and respected. If you have questions or concerns about any of these forms, seeking guidance from a legal professional can provide the necessary support.