A Temporary Restraining Order (TRO), such as the WV-110, is a legal document issued by a court to help protect individuals from being harmed or harassed. It outlines specific restrictions on the person it's directed at, known as the respondent, including mandates on staying away from and not contacting the person or persons being protected. The efficacy of this order relies on its strict adherence; otherwise, the respondent faces criminal charges, underscoring the serious nature of such legal instruments in safeguarding individuals against potential threats or abuse.
In today’s legal landscape, the significance of restraining orders, particularly in the context of workplace violence prevention, cannot be overstated. The WV-110 Temporary Restraining Order form serves as a crucial tool in this regard, addressing various facets of immediate preventive measures to protect employees and others from potential harm. This document, specifically designed for use within the Superior Court of California, outlines the necessary steps for petitioners, who are often employers, to request restrictions against individuals (respondents) who pose a credible threat. Detailed within the form are sections that meticulously record the petitioner and respondent’s information, describe the respondent, and specify the protected individuals beyond the employee. Notably, the form includes personal conduct orders that command the respondent to refrain from a host of activities ranging from harassment to entering the workplace of the person. Also integral are stay-away orders, effectively setting physical boundaries to further ensure the safety of the petitioner and others involved. Moreover, the form addresses the issue of firearms possession by the respondent, mandating relinquishment under specified conditions, thereby adding an additional layer of security. The form also highlights the necessity of including the order in the California Law Enforcement Telecommunication System (CLETS) and elucidates the protocols for law enforcement officers in enforcing these orders, thereby underscoring the collaborative relationship between the judiciary and law enforcement in safeguarding individuals against workplace violence. With an expiration date set to ensure timely reevaluation, the temporary restraining order underscores the legal system's adaptability and responsiveness to the dynamics of workplace safety concerns.
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 a Temporary Restraining Order form, officially known as form WV-110, is a crucial step towards ensuring workplace safety. This document outlines temporary orders issued by the court to protect individuals from potential harm. The process requires accurate and thoughtful completion of the form to accurately reflect the situation and the protection required. Once the form is filled out and submitted, a hearing will be scheduled, and the court will decide on extending the orders based on the information provided. Here are the steps for completing the form:
Each step is designed to provide clarity and precision to ensure the restrained person understands the orders and complies with them. The process, while meticulous, is fundamental in safeguarding individuals and maintaining a secure environment.
Frequently Asked Questions about Temporary Restraining Orders
What is a Temporary Restraining Order (TRO)?
A Temporary Restraining Order is a legal document issued by a court that prevents an individual, known as the respondent, from engaging in specific actions towards the petitioner or protected person(s) for a limited time period. Its purpose is to safeguard the petitioner from threats, harassment, stalking, or violence until a full court hearing can determine the necessity of a long-term order.
How is a TRO obtained?
To obtain a TRO, the petitioner must file a request form at a local courthouse. The form requires detailed information about the petitioner, the respondent, and the nature of the protection sought. A judge then reviews the request and, based on the evidence and circumstances, may grant the TRO without the presence of the respondent. The order becomes effective once the respondent is formally notified.
What restrictions can a TRO impose on the restrained person?
Violating these restrictions can lead to criminal charges, fines, or imprisonment.
What happens after a TRO is issued?
After issuance, the TRO is temporary and remains in effect until the court hearing, where both the petitioner and the respondent can present their cases. Based on the hearing's outcomes, the court may extend the order's duration, modify its terms, or dismiss it entirely.
Can the respondent contest a TRO?
Yes, the respondent has the right to contest the TRO at the hearing scheduled by the court. They may provide evidence and witness testimony to challenge the petitioner's claims. The respondent is encouraged to seek legal counsel to navigate the complexities of the legal process effectively.
Filling out a restraining order form can be a stressful process, often completed under difficult circumstances. However, to ensure protection and legal validity, it's crucial to avoid common mistakes. Below are five common errors people make when completing a restraining order form, explained to help avoid potential pitfalls.
One common error is not providing complete information about the petitioner and the respondent. For instance, leaving out the full name, address, or description (including physical attributes like height, weight, hair and eye color) of the restrained person can lead to delays in enforcement. Law enforcement officers need this information to accurately identify and locate the respondent.
Another mistake is failing to include detailed descriptions of the acts that prompted the need for a restraining order. Vague or incomplete descriptions of threats, harassment, or violence can weaken the case, making it harder for the court to issue or enforce the order. Specificity about the events, including dates, times, and locations, can provide clear evidence supporting the need for the temporary restraining order.
Not specifying the types of prohibitions and protection required is also a critical oversight. The form allows petitioners to request various orders, such as personal conduct orders, stay-away orders, and orders regarding firearms. These requests must be thoroughly considered and checked as appropriate, based on the situation's requirements. For instance, if the petitioner needs to ensure the respondent stays a certain distance away from their home, workplace, or children’s schools, it should be explicitly requested and quantified in yards on the form.
Forgetting to list additional protected persons can also be problematic. Often, protection is not only needed for the individual petitioner but also for family members, household members, or even coworkers. The form requires full names, sex, age, and relationships of these additional protected persons to extend the order's coverage. This oversight can leave vulnerable individuals unprotected by the court order.
Last but not least, omitting the expiration date of the temporary restraining order is a significant error. This order has a limited duration, typically ending on the date of the court hearing scheduled to decide on a more permanent solution. Not noting this date can lead to confusion about the order's validity period, potentially leaving the petitioner unprotected once it expires.
To ensure the restraining order serves its intended protective function, avoiding these mistakes is paramount. Thoroughness and attention to detail when filling out the form can significantly impact the efficacy and enforceability of the temporary restraining order.
In the realm of legal documentation, especially in the context of temporary restraining orders like the WV-110 for workplace violence prevention, several other forms and documents are commonly used alongside to ensure that the legal process is thorough and compliant with all requirements. These forms play crucial roles in detailing the specifics of the case, ensuring compliance with the court's orders, and documenting actions taken by both parties involved.
Together, these documents form a network of legal paperwork essential for the enforcement and compliance of temporary restraining orders in the workplace violence context. Not only do they support the initial WV-110 form, but they also ensure that due process is followed and that all parties have the opportunity to present their side of the story to the court. These forms contribute to a more comprehensive and fair legal process, aiding all involved parties in navigating the complex terrain of restraining orders.
A Protection from Abuse Order (PFA) is similar to the fake restraining order form in that both provide protection to individuals by placing restrictions on the actions of the respondent, such as prohibiting contact with the petitioner and coming within a certain distance of them. Both can also mandate the respondent to surrender firearms and refrain from harassment or violence.
A Temporary Protective Order (TPO) shares similarities with the fake restraining order in that it is designed to offer immediate protection for the victim by imposing various restrictions on the alleged abuser, including staying away from the victim and ceasing any contact. These orders are often issued on a temporary basis until a formal hearing can be held.
The No Contact Order parallels the restraining order form in prohibiting the respondent from making any form of contact with the designated protected person(s). This includes direct and indirect communication, following, or approaching the protected individuals, often issued in domestic violence or stalking cases.
A Domestic Violence Restraining Order (DVRO) is akin to the described restraining order because it is specifically designed to protect victims of domestic violence from their abusers. It can include provisions to stay away from the victim’s home, workplace, and relatives, similar to the restrictions outlined in the fake restraining order form.
The Civil Harassment Restraining Order corresponds to the fake restraining order form by offering protection against severe harassment, stalking, or threats by someone with whom the petitioner does not have a close relationship. Both documents have the authority to put restrictions on personal conduct and enforce stay-away orders.
The Workplace Violence Restraining Order is akin to the WV-110 form, aiming specifically to protect employees from violence or threats of violence in the workplace. It resembles the fake restraining order in terms of its capacity to order the restrained person not to contact, approach, or harass the petitioner, among other prohibitions.
When filling out a Temporary Restraining Order form, it's crucial to follow specific guidelines to ensure accuracy and compliance with the legal process. Here is a list of things you should and shouldn't do:
Completing the Temporary Restraining Order form with thoughtful consideration and accuracy is important. This document plays a critical role in ensuring the safety and well-being of individuals seeking protection from harassment, abuse, or violence. Stay focused, and if unsure about any part of the form, consider seeking legal guidance to ensure it's filled out correctly.
Understanding legal documents is crucial for ensuring proper adherence to the law. When it comes to a document like the Fake Restraining Order form, misconceptions can arise due to a lack of knowledge about legal processes or the implications of specific terms used within the document. Here are five common misconceptions about the Fake Restraining Order form:
Belief that "Fake" implies illegitimacy: The label "Fake" in this context might lead some to wrongly believe that the document is not a legitimate legal tool. In reality, every term in a legal document has a specific meaning or purpose, though this particular form should not actually be labeled "Fake" if it is meant to serve a legal purpose.
Confusion over the Protected Person: Some might misunderstand the term "Employee (Protected Person)" to mean that this document only applies to workplace disputes or issues. However, "Protected Person" could encompass anyone the court decides to protect through the order, depending on the context and jurisdiction.
Misinterpretation of the expiration date: There's a misconception that once a restraining order expires, it no longer has any effect. While it's true that the active enforcement of the order ceases, any violations that occurred while it was in effect are still subject to legal action.
Assuming all restraining orders prohibit contact: While many do, the specifics of the prohibition depend on what the court has deemed necessary. For instance, peaceful written contact through a legal representative may still be allowed. Understanding the specific allowances and restrictions is key to complying with the order.
Believing serving the order is always the petitioner’s responsibility: Many assume that it's up to the petitioner to serve the restraining order to the respondent. While it's true in some cases, there are instances, as indicated in the document, where the court or another designated entity may take on this responsibility, especially in situations involving threats of violence or stalking, ensuring the petitioner's safety.
Correcting these misconceptions is crucial for both the individuals involved and the wider community to understand the legal protections available and how to properly adhere to them. Each part of the restraining order serves a specific purpose, designed to protect individuals and maintain peace. Knowing the facts helps in navigating legal proceedings with confidence and respect for the law.
Filling out the Temporary Restraining Order form (WV-110) correctly is crucial to ensure the protection of individuals from workplace violence. From the detailed document provided, several key takeaways emerge:
Understanding and following the guidelines detailed in the Temporary Restraining Order form is essential for providing workplace violence prevention measures comprehensively and effectively. This not only helps in granting immediate protection to the petitioner and other protected individuals but also outlines the legal responsibilities and consequences for the respondent.
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