Structure
Misconceptions
- Misconception 1: A Fake Restraining Order form is a legitimate legal document.
- Misconception 2: A Fake Restraining Order can be used to intimidate someone without consequences.
- Misconception 3: All restraining orders are temporary and expire quickly.
- Misconception 4: A Fake Restraining Order can be easily dismissed in court.
- Misconception 5: Filing a Fake Restraining Order is a harmless prank.
This form is often mistaken for a valid restraining order. However, it is important to understand that a restraining order must be issued by a court and cannot simply be created or printed by an individual. A fake order lacks legal standing and cannot be enforced.
Using a fake restraining order to intimidate or harass another person can lead to legal repercussions. Courts take the misuse of legal documents seriously, and individuals may face criminal charges for attempting to deceive others with false claims.
While some restraining orders are temporary, others can be made permanent after a hearing. A temporary restraining order may last until a scheduled court date, but if the court finds sufficient evidence, it can issue a longer-lasting order.
Even if a restraining order is found to be fake, the legal process can still be complicated. Courts may require a thorough investigation, and the accused may need to prove the order's invalidity, which can be time-consuming and costly.
This belief underestimates the potential harm and legal consequences involved. Filing a fake restraining order can lead to severe penalties, including fines and imprisonment, as it constitutes a misuse of the legal system.
Detailed Steps for Filling Out Fake Restraining Order
Filling out the Fake Restraining Order form is a straightforward process. It's important to provide accurate information to ensure the order is effective. Follow these steps carefully to complete the form correctly.
- Petitioner Information: Start by entering the name of the employer as the petitioner. If there is a lawyer involved, include their name, state bar number, and firm name.
- Address Details: Fill in the address of the petitioner. If a lawyer is representing the petitioner, provide the lawyer's address instead.
- Employee Information: Write the full name of the employee who is the protected person.
- Court Information: Indicate the court name and street address. This should be the Superior Court of California, County of.
- Respondent Information: Fill in the full name of the restrained person. Provide details such as sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
- Relationship: Describe the relationship of the respondent to the employee.
- Additional Protected Persons: If there are other family members or employees to be protected, list their full names, sex, age, and relationship to the employee.
- Expiration Date: Specify the date and time when the order expires. Make sure to choose a date and time that aligns with the scheduled hearing.
- Personal Conduct Orders: Indicate whether any personal conduct orders are requested. If so, check the appropriate boxes for actions the respondent must refrain from.
- Stay-Away Order: Specify any locations from which the respondent must stay away. Check all applicable options.
- No Guns or Firearms: Acknowledge that the respondent cannot possess firearms. Include instructions for the respondent regarding any firearms they may have.
- Other Orders: If there are any additional orders requested, specify them here.
- Mandatory Entry: Indicate how the order will be entered into the California Restraining and Protective Order System (CARPOS).
- Service Fee: Note whether there is a fee to serve the restrained person.
- Attachments: Count the number of pages attached to the order and fill in the date.
- Judicial Officer: Leave space for the signature of the judicial officer.
After completing the form, ensure that it is filed with the appropriate court. It will be reviewed and processed, and you will receive further instructions regarding the next steps in the legal process.
Document Preview
1Petitioner (Employer) a. Name:
Lawyer for Petitioner (if any, for this case):
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State Bar No.: |
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Firm Name: |
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b. Your Address (If you have a lawyer, give your lawyer’s information.):
Address:
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Telephone:Fax:
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) |
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Case Number: |
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Full Name: |
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Description: |
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Sex: |
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F Height: |
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Hair Color: |
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Home Address (if known): |
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Relationship to Employee: |
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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:
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Time: |
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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 |
(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 |
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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 |
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telephone, in writing, by public or private mail, by |
(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.
7
Not Requested
Denied Until the Hearing |
Granted as Follows: |
a. You must stay at least |
yards away from |
(check all that apply): |
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(1) |
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(7) |
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The employee |
The employee’s children’s place of child care |
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(2) |
Each other protected person listed in 4 (8) |
The employee’s vehicle |
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(3) |
The employee’s workplace |
(9) |
Other (specify): |
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(4)
The employee’s home
(5)
The employee’s school
(6)
The employee’s children’s school
b. This
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(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
c.
The court has received information that you own or possess a firearm.
9 Other Orders |
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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
The clerk will transmit this Order and its
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
Name of Law Enforcement Agency |
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Address (City, State, Zip) |
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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
(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
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
•If you want to respond, fill out form
•You must have form
•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
•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
(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
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
2.No Contact Order: If there is no EPO, a
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.)
I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court.
Date: |
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Clerk, by |
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, Deputy |
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(Workplace Violence Prevention)
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Dos and Don'ts
When filling out the Fake Restraining Order form, it is important to follow certain guidelines to ensure that the process goes smoothly. Below are some things you should and shouldn't do:
- Do: Clearly write all required information in the designated fields. Accuracy is crucial.
- Do: Include the full names of all parties involved, including the petitioner and respondent.
- Do: Provide a valid address for both the petitioner and the respondent to ensure proper service of the order.
- Do: Make sure to specify the relationship between the employee and the respondent.
- Don't: Leave any sections blank. Incomplete forms may be rejected or delayed.
- Don't: Use vague language when describing incidents or threats. Be specific about the actions that prompted the restraining order.
Key takeaways
Filling out and using the Fake Restraining Order form can be a crucial step in ensuring safety in the workplace. Here are some key takeaways to keep in mind:
- Identify the Petitioner: Clearly state the name of the employer or individual filing the restraining order. If there's a lawyer involved, include their details as well.
- Protected Person Details: Accurately fill in the full name and address of the employee who is seeking protection.
- Respondent Information: Provide comprehensive information about the restrained person, including their physical description and relationship to the employee.
- Additional Protected Persons: If there are other individuals needing protection, list their names and relationships to the employee.
- Expiration Date: Clearly note when the temporary order will expire, typically at the end of the scheduled hearing.
- Personal Conduct Orders: Specify any prohibited actions that the restrained person must avoid, such as harassment or contact with the protected person.
- Stay-Away Orders: Indicate the required distance the restrained person must maintain from the protected individual and other specified locations.
- No Firearms: The restrained person is prohibited from possessing firearms or ammunition, and they must take action to surrender any they currently own.
- Mandatory Entry into CARPOS: Ensure that the order is entered into the California Restraining and Protective Order System, which is crucial for enforcement.
- Service Fees: The sheriff or marshal may serve the order without charge under specific circumstances, such as credible threats of violence.
By following these guidelines, you can navigate the process of filling out and utilizing the Fake Restraining Order form more effectively. Remember, the safety of individuals involved is the priority.
Similar forms
The Fake Restraining Order form shares similarities with a Domestic Violence Restraining Order (DVRO). Both documents aim to protect individuals from harm or harassment by imposing legal restrictions on the behavior of the restrained person. A DVRO typically involves personal relationships, such as spouses or partners, and can include provisions like stay-away orders and prohibitions against contact. Just like the Fake Restraining Order, a DVRO can also mandate the surrender of firearms if there is a credible threat of violence.
Another document comparable to the Fake Restraining Order is the Civil Harassment Restraining Order. This type of order is designed to protect individuals from harassment that does not necessarily involve domestic relationships. Similar to the Fake Restraining Order, it allows for the inclusion of multiple protected persons and can specify behaviors that the restrained individual must avoid. Both documents serve to create a safer environment for the protected parties by legally restricting the actions of the respondent.
The Temporary Protective Order (TPO) is also akin to the Fake Restraining Order. TPOs are often issued in emergency situations where immediate protection is necessary, providing a temporary solution until a full hearing can take place. Like the Fake Restraining Order, TPOs can include provisions for no contact, stay-away requirements, and firearm restrictions. Both documents are designed to prevent further harm while legal proceedings are underway.
Additionally, the Emergency Protective Order (EPO) bears resemblance to the Fake Restraining Order. EPOs are typically issued by law enforcement in urgent situations to provide immediate protection to individuals at risk. Similar to the Fake Restraining Order, EPOs can include various restrictions on the restrained person’s behavior, ensuring the safety of the protected individual until a court hearing can be scheduled. Both documents emphasize the urgency of protecting individuals from potential harm.
The Workplace Violence Restraining Order (WVRO) is another document that aligns closely with the Fake Restraining Order. WVROs are specifically tailored to address threats or acts of violence in the workplace. Like the Fake Restraining Order, they focus on protecting employees and can include similar provisions, such as stay-away orders and restrictions on contact. Both documents aim to maintain a safe working environment by legally restricting the actions of individuals who pose a threat.
Lastly, the No Contact Order is similar to the Fake Restraining Order in that it explicitly prohibits any form of communication between the restrained person and the protected individual. No Contact Orders are often issued in criminal cases or as part of a plea agreement. Like the Fake Restraining Order, they are enforceable by law and can carry penalties for violations. Both documents serve to protect individuals by ensuring that the restrained person does not engage in any form of contact that could lead to further harm.
Documents used along the form
When dealing with a Fake Restraining Order form, several other forms and documents may be necessary to support the process. Each of these documents serves a specific purpose and can be essential in navigating the legal requirements associated with restraining orders.
- WV-120: Response to Petition for Workplace Violence Restraining Orders - This form allows the restrained person to formally respond to the petition filed against them. It provides an opportunity to present their side of the story in court.
- WV-109: Notice of Court Hearing - This document informs the restrained person about the date and time of the court hearing regarding the restraining order. It is crucial for ensuring that the restrained person is aware of their obligation to appear in court.
- WV-800: Proof of Firearms Turned In, Sold, or Stored - This form serves as a receipt for any firearms that the restrained person is required to turn in or store with a licensed dealer. Filing this proof is mandatory to demonstrate compliance with the court's orders.
- MC-030: Declaration - Individuals can use this form to submit written statements from themselves or witnesses that support their case. Declarations provide additional context and evidence during the court proceedings.
- WV-250: Proof of Service of Response by Mail - This document is used to confirm that the restrained person has properly served their response to the petitioner or their attorney. It ensures that all parties are informed of the proceedings.
- EPO-001: Emergency Protective Order - In urgent situations, this order can be issued to provide immediate protection to the victim. It typically lasts for a short period until a more formal hearing can take place.
- Judicial Council Forms - Various other forms may be required depending on the specific circumstances of the case, such as forms for requesting modifications or extensions of the restraining order.
- Proof of Service - This is a general term for documents that confirm that court papers have been properly delivered to the involved parties. It is essential for ensuring that all legal procedures are followed.
Understanding these forms and their functions can help individuals navigate the complexities of restraining order proceedings more effectively. Each document plays a vital role in ensuring that the rights and responsibilities of all parties are upheld throughout the legal process.