Fill in Your Fake Restraining Order Template Get Document Here

Fill in Your Fake Restraining Order Template

A Fake Restraining Order form is a legal document that falsely claims to provide protection against harassment or violence. Such forms can mislead individuals and disrupt legal processes, posing risks to both the petitioner and the restrained person. Understanding the implications of using a fake form is crucial for maintaining the integrity of legal protections.

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Key takeaways

1. Accurate Information is Crucial: Ensure all sections of the Fake Restraining Order form are filled out completely and accurately. This includes providing correct names, addresses, and any relevant details about the parties involved. Incomplete or incorrect information can lead to delays or complications in the process.

2. Understand the Implications: Recognize that violating the terms of the restraining order can result in serious legal consequences. The restrained person may face arrest, fines, or even jail time if they do not comply with the order.

3. Follow Proper Procedures: After filling out the form, it must be filed with the appropriate court. Make sure to keep copies of all documents for your records. Additionally, the order needs to be served to the restrained person, which can often be done without charge if specific conditions are met.

4. Attend the Hearing: If a hearing is scheduled, it is essential to attend. This is your opportunity to present your case and provide any evidence or witnesses that support your position. Failure to appear may result in the court issuing a restraining order without your input.

Dos and Don'ts

Things to Do:

  • Provide accurate and complete information for the petitioner and respondent.
  • Ensure all required sections of the form are filled out before submission.
  • File the form with the appropriate court in a timely manner.
  • Keep copies of all documents for your records.

Things Not to Do:

  • Do not omit any relevant details about the incidents leading to the restraining order.
  • Avoid using vague language or generalizations in the description of events.
  • Do not submit the form after the deadline set by the court.
  • Refrain from providing false information or misrepresenting facts.

Form Overview

Fact Name Details
Governing Law The Temporary Restraining Order is governed by California Code of Civil Procedure, §§ 527.8 and 527.9.
Purpose This form is used to protect employees from workplace violence by imposing restrictions on the restrained person.
Duration The order expires at the end of the scheduled hearing unless extended by the court.
Firearm Restrictions The restrained person cannot own or possess firearms and must surrender any firearms within 24 hours of being served.
Enforcement This order is enforceable by law enforcement agencies that have received or verified the order in the California Restraining and Protective Orders System (CARPOS).

Common mistakes

  1. Incomplete Information: Failing to provide all required personal details for both the petitioner and the respondent can lead to delays or rejection of the order. Essential information includes names, addresses, and contact details.

  2. Incorrect Case Number: Entering an incorrect case number can result in confusion and may prevent the order from being processed correctly. Always verify the case number before submission.

  3. Missing Signatures: Neglecting to sign the form can render it invalid. Both the petitioner and their attorney, if applicable, must sign the document before filing.

  4. Failure to Specify Relationships: Not clearly stating the relationship between the employee and the respondent can weaken the case. Detailed descriptions help establish the context of the order.

  5. Ignoring Expiration Dates: Leaving the expiration date blank or incorrectly filling it out can lead to misunderstandings about the order's duration. Ensure this date is clearly indicated.

  6. Omitting Additional Protected Persons: Failing to list additional individuals who require protection may leave them vulnerable. It is crucial to include all relevant parties in the order.

Similar forms

The Fake Restraining Order form shares similarities with a Domestic Violence Restraining Order (DVRO). Like the Fake Restraining Order, a DVRO is designed to protect individuals from abuse or harassment by a partner or family member. Both documents require the identification of the protected person and the restrained individual, as well as details about the nature of the relationship. Furthermore, they both outline specific prohibited actions, such as harassment or contact, and can include provisions regarding firearms possession.

Another document that resembles the Fake Restraining Order is the Civil Harassment Restraining Order. This type of order is used to protect individuals from harassment by someone who is not a family member or intimate partner. Similar to the Fake Restraining Order, it includes the necessary information about both parties and stipulates actions that the restrained individual must avoid. The process for obtaining this order also involves a court hearing, where evidence can be presented to support the need for protection.

The Temporary Protective Order (TPO) is another similar document. TPOs are often issued in emergency situations to provide immediate protection before a full hearing can take place. Like the Fake Restraining Order, a TPO outlines specific conduct that the restrained individual must avoid and includes a defined expiration date. Both orders serve to prevent further harm while allowing for a court review of the situation.

Additionally, the No Contact Order bears resemblance to the Fake Restraining Order. This order is typically issued in criminal cases to prevent a defendant from contacting a victim. It contains similar provisions regarding prohibited contact and can have serious legal consequences if violated. Both types of orders aim to ensure the safety of the protected individual by restricting the actions of the restrained party.

Understanding the importance of a comprehensive Release of Liability document is essential for organizers to limit their liabilities and ensure participants are aware of the associated risks. This legal instrument serves as a protective measure by clearly stating the responsibilities and expectations of all involved parties, thereby fostering safer environments for activities and events.

The Emergency Protective Order (EPO) is also akin to the Fake Restraining Order. EPOs are temporary orders issued by law enforcement to provide immediate protection in urgent situations. They share the same goal of safeguarding individuals from potential harm and typically include restrictions on contact. Both documents require the identification of the parties involved and can lead to further legal proceedings to establish longer-term protections.

A Workplace Violence Restraining Order (WVRO) is another document that parallels the Fake Restraining Order. Designed specifically for workplace situations, a WVRO protects employees from threats or acts of violence at work. Like the Fake Restraining Order, it includes details about the protected individuals and outlines specific prohibited behaviors, emphasizing the importance of safety in professional environments.

The Peace Bond is similar in purpose to the Fake Restraining Order. It is a court order that requires an individual to keep the peace and avoid contact with another person. While it may not be as comprehensive as a restraining order, it serves to prevent potential harassment or violence. Both documents aim to provide a sense of security to the protected individual through legal means.

Another comparable document is the Stalking Protective Order. This order is specifically aimed at protecting individuals from stalking behaviors. Like the Fake Restraining Order, it requires the identification of both the victim and the stalker and includes restrictions on contact. Both orders can lead to serious legal consequences for violations, emphasizing the importance of safety for the protected individual.

The No Trespass Order is also similar to the Fake Restraining Order. It prohibits an individual from entering specific locations, such as a person's home or workplace. Both orders serve to protect individuals from unwanted contact and potential harm. They require clear identification of the individuals involved and outline the consequences for noncompliance.

Finally, the Family Law Restraining Order shares similarities with the Fake Restraining Order. This order is often issued in divorce or custody cases to prevent one party from contacting the other. It includes similar provisions regarding prohibited actions and can encompass a wide range of protective measures. Both documents are essential tools for ensuring the safety and well-being of individuals facing threats or harassment.

Other PDF Forms

Your Questions, Answered

What is a Fake Restraining Order form?

A Fake Restraining Order form is a document that is not legally valid and is often used for fraudulent purposes. It mimics the appearance and structure of a legitimate restraining order but lacks the authority of a court. Using such a form can lead to serious legal consequences, including potential criminal charges for those involved in its creation or use.

What are the potential consequences of using a Fake Restraining Order?

Using a Fake Restraining Order can result in severe repercussions. Individuals caught using or distributing these forms may face criminal charges, which could include fines and imprisonment. Additionally, it can damage reputations and relationships, leading to loss of trust among peers and in professional settings.

How can someone identify a Fake Restraining Order?

Identifying a Fake Restraining Order can be challenging, but there are several indicators to look for:

  1. Official Seal: Legitimate orders typically have a court seal or stamp.
  2. Case Number: Authentic documents will include a case number assigned by the court.
  3. Signatures: A valid order will have the signature of a judge or authorized court official.
  4. Legal Language: Genuine restraining orders use specific legal terminology and formatting.

If you suspect a document is fake, consult with a legal professional for verification.

What should I do if I receive a Fake Restraining Order?

If you receive a Fake Restraining Order, it is crucial to act quickly. First, do not comply with any orders listed in the document. Instead, contact law enforcement or a legal professional to report the fraudulent order. They can guide you on the appropriate steps to take, which may include filing a police report or seeking a legitimate restraining order if necessary.

Can a Fake Restraining Order be reported to the authorities?

Yes, a Fake Restraining Order should be reported to the authorities. Law enforcement agencies take such matters seriously, as they can involve criminal activity. Reporting the order can help prevent further misuse and protect others from potential harm. Provide any evidence you have, such as the document itself and information about the individual who issued it.

What are the differences between a Fake Restraining Order and a legitimate one?

The key differences between a Fake Restraining Order and a legitimate one include:

  • Legitimacy: A legitimate order is issued by a court and is enforceable by law.
  • Content: Authentic orders contain specific legal language and details, including the names of the parties involved and the court’s findings.
  • Consequences: Violating a legitimate restraining order can lead to criminal charges, while a fake one has no legal standing.

How can I protect myself from Fake Restraining Orders?

To protect yourself from Fake Restraining Orders, maintain clear documentation of your interactions and relationships with others. If you feel threatened or harassed, consider obtaining a legitimate restraining order from the court. Additionally, educate yourself about the signs of fraudulent documents and stay vigilant about any legal papers you receive.

Form Preview

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:

 

Full Name:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Description:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sex:

M

 

F Height:

 

 

Weight:

 

 

 

Date of Birth:

 

 

 

 

Hair Color:

 

 

 

 

 

Eye Color:

 

Age:

Race:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Home Address (if known):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

 

 

 

 

 

 

 

 

State:

 

 

 

 

Zip:

 

 

 

 

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

Yes No

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)

Case Number:

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

Denied Until the Hearing

Granted as Follows:

a. You must stay at least

yards away from

(check all that apply):

(1)

 

 

(7)

 

The employee

The employee’s children’s place of child care

(2)

Each other protected person listed in 4 (8)

The employee’s vehicle

(3)

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.

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 2 of 5

(Workplace Violence Prevention)

Case Number:

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

 

 

Not Requested

Denied Until the Hearing

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.

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 3 of 5

(Workplace Violence Prevention)

Case Number:

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.

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 4 of 5

(Workplace Violence Prevention)

Case Number:

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.

Date:

 

Clerk, by

 

, Deputy

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 5 of 5

(Workplace Violence Prevention)