Form SV-110 "Temporary Restraining Order" - California

What Is Form SV-110?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2017;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form SV-110 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form SV-110 "Temporary Restraining Order" - California

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Clerk stamps date here when form is filed.
SV-110
Temporary Restraining Order
1
Petitioner (Educational Institution Officer or Employee)
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:
Fill in court name and street address:
City:
State:
Zip:
Superior Court of California, County of
Telephone:
Fax:
E-Mail Address:
Student (Protected Person)
2
Full Name:
Court fills in case number when form is filed.
Respondent (Restrained Person)
3
Case Number:
Full Name:
Description:
Sex:
M
F Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
State:
Zip:
City:
Relationship to Student:
Additional Protected Persons
4
In addition to the student, the following family or household members or other students are protected by the
temporary orders indicated below:
Full Name
Sex
Age Household Member?
Relation to Student
Yes
No
Yes
No
Yes
No
Additional protected persons are listed at the end of this Order on Attachment 4.
Expiration Date
5
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
Temporary Restraining Order (CLETS—TSV)
SV-110,
Page 1 of 5
Revised January 1, 2017, Mandatory Form
(Private Postsecondary School Violence Prevention)
Code of Civil Procedure, §§ 527.85 and 527.9
Approved by DOJ
Clerk stamps date here when form is filed.
SV-110
Temporary Restraining Order
1
Petitioner (Educational Institution Officer or Employee)
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:
Fill in court name and street address:
City:
State:
Zip:
Superior Court of California, County of
Telephone:
Fax:
E-Mail Address:
Student (Protected Person)
2
Full Name:
Court fills in case number when form is filed.
Respondent (Restrained Person)
3
Case Number:
Full Name:
Description:
Sex:
M
F Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
State:
Zip:
City:
Relationship to Student:
Additional Protected Persons
4
In addition to the student, the following family or household members or other students are protected by the
temporary orders indicated below:
Full Name
Sex
Age Household Member?
Relation to Student
Yes
No
Yes
No
Yes
No
Additional protected persons are listed at the end of this Order on Attachment 4.
Expiration Date
5
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
Temporary Restraining Order (CLETS—TSV)
SV-110,
Page 1 of 5
Revised January 1, 2017, Mandatory Form
(Private Postsecondary School Violence Prevention)
Code of Civil Procedure, §§ 527.85 and 527.9
Approved by DOJ
Case Number:
To the Person in
:
2
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.
Personal Conduct Orders
6
Denied Until the Hearing
Not Requested
Granted as Follows:
a.
You are ordered not do the following things to the student
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 school hours or to or from the school.
(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 person’s school.
(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.
Stay-Away Order
7
Not Requested
Denied Until the Hearing
Granted as Follows:
a. You must stay at least
yards away from (check all that apply):
(1)
The student
(7)
The student’s children’s place of child care
(2)
Each other protected person listed in
4
(8)
The student’s vehicle
(3)
The school
(9)
Other (specify):
(4)
The student’s home
(5)
The student’s job or workplace
(6)
The student’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
SV-110,
Temporary Restraining Order (CLETS—TSV)
Page 2 of 5
(Private Postsecondary School Violence Prevention)
Case Number:
No Guns or Other Firearms and Ammunition
8
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 SV-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.
Other Orders
9
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 Person in
:
1
Mandatory Entry of Order Into CARPOS Through CLETS
10
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.
The clerk will enter this Order and its proof-of-service form into CARPOS.
b.
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 petitioner or the petitioner’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.
No Fee to Serve (Notify) Restrained Person
Ordered
Not Ordered
11
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
SV-110,
Temporary Restraining Order (CLETS—TSV)
Page 3 of 5
(Private Postsecondary School Violence Prevention)
Case Number:
Number of pages attached to this Order, if any:
12
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
8
in item
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 SV-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
punishable by a fine or by
Obey all the orders. Any intentional violation of this Order is a misdemeanor
imprisonment in a county jail, or by both fine and imprisonment.
(Pen. Code, § 273.6.)
Read form SV-120-INFO, How Can I Respond to a Petition for Orders to Stop Private Postsecondary School
Violence?, to learn how to respond to this Order.
If you want to respond, fill out form SV-120, Response to Petition for Orders to Stop Private Postsecondary School
Violence, 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 student, or placed the student in reasonable fear of violence.
You must have form SV-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 SV-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
SV-110,
Temporary Restraining Order (CLETS—TSV)
Page 4 of 5
(Private Postsecondary School 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 will fill out this part.)
—Clerk's Certificate—
Clerk’s Certificate
I certify that this Temporary Restraining Order is a true and correct copy of the
original on file in the court.
[seal]
Date:
Clerk, by
, Deputy
This is a Court Order.
Revised January 1, 2017
SV-110,
Temporary Restraining Order (CLETS—TSV)
Page 5 of 5
(Private Postsecondary School Violence Prevention)
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