Form WV-130 Workplace Violence Restraining Order After Hearing - California

Form WV-130 or the "Workplace Violence Restraining Order After Hearing" is a form issued by the California Superior Court.

Download a PDF version of the Form WV-130 down below or find it on the California Superior Court Forms website.

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Workplace Violence Restraining
Clerk stamps date here when form is filed.
WV-130
Order After Hearing
Petitioner (Employer)
1
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:
Superior Court of California, County of
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Employee (Protected Person)
2
Court fills in case number when form is filed.
Full Name:
Case Number:
Respondent (Restrained Person)
3
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:
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 employee
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, except for any award of lawyer’s fees, expires at
Date:
Time:
a.m.
p.m.
If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Workplace Violence
WV-130,
Page 1 of 6
Revised January 1, 2018, Mandatory Form
Code of Civil Procedure, § 527.8 and 527.9
Restraining Order After Hearing (CLETS—WHO)
Approved by DOJ
(Workplace Violence Prevention)
Workplace Violence Restraining
Clerk stamps date here when form is filed.
WV-130
Order After Hearing
Petitioner (Employer)
1
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:
Superior Court of California, County of
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Employee (Protected Person)
2
Court fills in case number when form is filed.
Full Name:
Case Number:
Respondent (Restrained Person)
3
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:
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 employee
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, except for any award of lawyer’s fees, expires at
Date:
Time:
a.m.
p.m.
If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Workplace Violence
WV-130,
Page 1 of 6
Revised January 1, 2018, Mandatory Form
Code of Civil Procedure, § 527.8 and 527.9
Restraining Order After Hearing (CLETS—WHO)
Approved by DOJ
(Workplace Violence Prevention)
Case Number:
Hearing
6
a.
There was a hearing on
(date):
at (time):
in Dept.:
Room:
(Name of judicial officer):
made the orders at the hearing.
b.
These people were at the hearing:
(name):
The petitioner/employer
(1)
(2)
The lawyer for the petitioner/employer (name):
(3)
The employee
(4)
The lawyer for the employee (name):
(5)
(6)
The lawyer for the respondent (name):
The respondent
Additional persons present are listed at the end of this Order on Attachment 6b.
c.
The hearing is continued. The parties must return to court on (date):
at (time):
.
To the Respondent:
The court has granted the orders checked below. If you do not obey these orders, you can be
arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to
$1,000, or both.
Personal Conduct Orders
7
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 interoffice mail, by e-mail, by text message, by fax,
or by other electronic means.
(5)
Enter the person’s workplace.
(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 7a(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.
This is a Court Order.
Workplace Violence
WV-130,
Revised January 1, 2018
Page 2 of 6
Restraining Order After Hearing (CLETS—WHO)
(Workplace Violence Prevention)
Case Number:
8
Stay-Away Orders
a.
You must stay at least
yards away from (check all that apply):
(1)
The employee.
(7)
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.
No Guns or Other Firearms and Ammunition
9
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.
If you have not already done so, 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 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.
The court has made the necessary findings and applies the firearm relinquishment exemption under Code of
d.
Civil Procedure section 527.9(f). Under California law, the respondent is not required to relinquish this
firearm (specify make, model, and serial number of firearm(s)):
The firearm must be in his or her physical possession only during scheduled work hours and during travel to
and from his or her place of employment. Even if exempt under California law, the respondent may be
subject to federal prosecution for possessing or controlling a firearm.
Costs
10
You must pay the following amounts for costs to the petitioner:
Item
Amount
Item
Amount
$
$
$
$
$
$
Additional amounts are attached at the end of this Order on Attachment 10.
This is a Court Order.
Workplace Violence
WV-130,
Revised January 1, 2018
Page 3 of 6
Restraining Order After Hearing (CLETS—WHO)
(Workplace Violence Prevention)
Case Number:
Other Orders
(specify):
11
Additional orders are attached at the end of this Order on Attachment 11.
To the Person in
:
1
Mandatory Entry of Order Into CARPOS Through CLETS
12
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 agency listed below to
enter into CARPOS:
Address (City, State, Zip)
Name of Law Enforcement Agency
Additional law enforcement agencies are listed at the end of this Order on Attachment 12.
Service of Order on Respondent
13
a.
The respondent personally attended the hearing. No other proof of service is needed.
b.
The respondent did not attend the hearing.
(1)
Proof of service of form WV-110, Temporary Restraining Order, was presented to the court. The
judge’s orders in this form are the same as in form WV-110 except for the expiration date. The
respondent must be served with this Order. Service may be by mail.
(2)
The judge’s orders in this form are different from the temporary restraining orders in form WV-110.
Someone—but not the petitioner or anyone protected by this order—must personally serve a copy of this
Order on the respondent.
No Fee to Serve (Notify) Restrained Person
14
The sheriff or marshal will serve this Order without charge because the Order is based on a credible threat of
violence or stalking.
Number of pages attached to this Order, if any:
15
Date:
Judicial Officer
This is a Court Order.
Workplace Violence
WV-130,
Revised January 1, 2018
Page 4 of 6
Restraining Order After Hearing (CLETS—WHO)
(Workplace Violence Prevention)
Case Number:
Warning and Notice to the Respondent:
You Cannot Have Guns or Firearms
Unless item 9d is checked, 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
. The court will require you to prove that you did so.
9
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 Order 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, and the restrained person was not present at the court hearing, 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 and ends on the expiration date in item
on page 1.
5
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 orders 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.
This is a Court Order.
Workplace Violence
WV-130,
Revised January 1, 2018
Page 5 of 6
Restraining Order After Hearing (CLETS—WHO)
(Workplace Violence Prevention)
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