Article Guide
The California Wv 100 form is an essential tool for employers seeking to protect their employees from workplace violence. This petition allows employers to request a restraining order against individuals who pose a threat to their employees. Before filling out the form, it's crucial to review the accompanying instructions, specifically the "How Do I Get an Order to Prohibit Workplace Violence" guide. Only employers with standing under California's Code of Civil Procedure section 527.8 can file this petition. The form requires detailed information about the employee in need of protection, the respondent from whom protection is sought, and any additional individuals who may also require protection. Key sections include the nature of the respondent's conduct, the relationship between the employee and the respondent, and any previous court cases involving the parties. Furthermore, the form allows the petitioner to request specific personal conduct orders and a stay-away order, ensuring the safety of the employee and their workplace. Finally, the form also addresses firearm possession, allowing the court to restrict access to firearms if necessary. This comprehensive approach aims to provide a safe working environment for all employees.
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Petition for Workplace Violence |
Clerk stamps date here when form is filed. |
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Restraining Orders |
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Read How Do I Get an Order to Prohibit Workplace Violence (form
be an employer with standing to bring this action under Code of
Civil Procedure section 527.8. Also fill out Confidential CLETS Information (form
1Petitioner (Employer) a. Name:
is a |
corporation |
sole proprietorship |
(specify):
and is filing this suit on behalf of the employee identified in item 2 .
b. Lawyer for Petitioner (if any for this case) |
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Name: |
State Bar No.: |
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Firm Name: |
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Fill in court name and street address:
Superior Court of California, County of
Court fills in case number when form is filed.
Petitioner’s Address (If the petitioner has a lawyer, give the lawyer’s information.)
c. Address:
City: |
State: |
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Zip: |
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Telephone: |
Fax: |
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Case Number:
2Employee in Need of Protection
Full Name:
Sex: M |
F |
Age: |
3Respondent (Person From Whom Protection Is Sought)
Full Name: |
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Age: |
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Address (if known): |
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City: |
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4Additional Protected Persons
a.Are you asking for protection for any family or household members of the employee or for any other employees at the employee’s workplace or at other workplaces of the petitioner?
Yes No (If yes, list them):
Full Name |
Sex |
Age Household Member? Relationship to Employee |
Yes No
Yes Yes
✖
✖
No
No
Additional protected persons are listed in Attachment 4a.
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2018, Mandatory Form Code of Civil Procedure, §§ 527.8 and 527.9
Petition for Workplace Violence Restraining Orders |
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(Workplace Violence Prevention)
Case Number:
4b. Why do these people need protection? (Explain):
Response is stated in Attachment 4b.
5Relationship of Employee and Respondent
a. How does the employee know the respondent? (Describe):
Response is stated in Attachment 5a.
b. Respondent |
is |
is not a current employee of petitioner. (Explain any decision to retain, terminate, |
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or otherwise discipline the respondent): |
Response is stated in Attachment 5b. |
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6Venue
Why are you filing in this county? (Check all that apply):
a. The respondent lives in this county.
b. The respondent has caused physical or emotional injury to the petitioner’s employee in this county.
c. Other (specify):
7Other Court Cases
a. Has the employee or any of the persons named in 4 been involved in another court case with the respondent?
No |
Yes If yes, check each kind of case and indicate where and when each was filed: |
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Kind of Case |
Filed in (County/State) |
Year Filed Case Number (if known) |
(1) Workplace Violence
(2) Civil Harassment
(3) Domestic Violence
(4) Divorce, Nullity, Legal Separation
(5) Paternity, Parentage, Child Support
(6) Eviction
(7) Guardianship
(8) Small Claims
(9) Postsecondary School Violence
(10) Criminal
(11) Other (specify):
b. Are any restraining orders or criminal protective orders now in effect relating to the employee or any of the
persons in 4 and the respondent? |
No |
Yes (If yes, attach a copy if you have one.) |
This is not a Court Order.
Revised January 1, 2018
Petition for Workplace Violence Restraining Orders
(Workplace Violence Prevention)
Case Number:
8Description of Respondent's Conduct
a.Respondent has (check one or more):
(1) Assaulted, battered, or stalked the employee
(2) Made a credible threat of violence against the employee by making knowing or willful statements or engaging in a course of conduct that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family.
b.One or more of these acts (check either or both):
(1) Took place at the employee’s workplace
(2) |
Can reasonably be construed to be carried out in the future at the employee’s workplace |
Address of workplace:
c.Describe what happened. (Provide details; include the dates of all incidents beginning with the most recent; tell who did what to whom; identify any witnesses):
Response is stated in Attachment 8c.
d. Was the employee harmed or injured? |
Yes |
No (If yes, describe harm or injuries): |
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Response is stated in Attachment 8d. |
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e. Did the respondent use or threaten to use a gun or any other weapon? |
Yes |
Response is stated in Attachment 8e. |
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No (If yes, describe):
This is not a Court Order.
Revised January 1, 2018
Petition for Workplace Violence Restraining Orders
(Workplace Violence Prevention)
Case Number:
8 f. For any of the incidents described above, did the police come? |
Yes |
✖ |
No |
I don’t know |
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If yes, did the employee or the respondent receive an Emergency Protective Order? |
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Yes ✖ No |
I don’t know |
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If yes, the order protects (check all that apply): |
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the employee |
the respondent |
one or more of the persons in |
4 . |
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(Attach a copy of the order if you have one.) |
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Check the orders you want
9 Personal Conduct Orders
I ask the court to order the respondent not to do any of the following things to the employee or to any person to be protected listed in 4 :
a. Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person.
b. Commit acts of unlawful violence on or make threats of violence to the person.
c. Follow or stalk the person during work hours or to or from the place of work.
d. Contact the person, either directly or indirectly, by any means, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by
e. Enter the person’s workplace.
f. Other (specify):
As stated in Attachment 9f.
The respondent will be ordered not to take any action to get the addresses or locations of any protected person unless the court finds good cause not to make the order.
10
a. I ask the court to order the respondent to stay at least |
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yards away from (check all that apply): |
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The employee. |
(8) |
The employee’s vehicle. |
The other persons listed in 4 . |
(9) |
Other (specify): |
The employee’s workplace.
The employee’s home.
The employee’s school.
The school of the employee’s children.
The place of child care of the employee’s children.
This is not a Court Order.
Revised January 1, 2018
Petition for Workplace Violence Restraining Orders
(Workplace Violence Prevention)
Case Number:
10b. If the court orders the respondent to stay away from all the places listed above, will he or she still be able to get
to his or her home, school, or job? |
Yes ✖ No |
(If no, explain): |
Response is stated on Attachment 10b. |
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11Guns or Other Firearms and Ammunition
Does the respondent own or possess any guns or other firearms? Yes
✖
No I don’t know
If the judge grants a protective order, the respondent will be prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a gun, other firearm, and ammunition while the protective order is in effect. The respondent will also be ordered to turn in to law enforcement, or sell to or store with a licensed gun dealer, any guns or firearms within his or her immediate possession or control.
12 Temporary Restraining Order
I request that a Temporary Restraining Order (TRO) be issued against the Respondent to last until the hearing. I am presenting form
Has the Respondent been told that you were going to go to court to seek a TRO against him/her?
Yes No (If you answered no, explain why below):
Reasons are stated in Attachment 12.
13 Request for Less Than Five Days' Notice of Hearing
You must have your papers personally served on the respondent at least five days before the hearing, unless the court orders a shorter time for service. (Form
If you want there to be fewer than five days between service and the hearing, explain why: Reasons are stated in Attachment 13.
14 No Fee for Filing
I ask that there be no filing fee because the respondent has threatened violence against the employee, or stalked the employee, or acted or spoken in a manner that has placed the employee in reasonable fear of violence.
This is not a Court Order.
Revised January 1, 2018
Petition for Workplace Violence Restraining Orders
(Workplace Violence Prevention)
Case Number:
15
16
17
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No Fee to Serve Orders
I ask the court to order the sheriff or marshal to serve the respondent with the others for free because this request for orders is based on a credible threat of violence or stalking.
Court Costs
I ask the court to order the respondent to pay my court costs.
Additional Orders Requested
I ask the court to make the following additional orders (specify):
Additional orders requested are stated in Attachment 17.
Number of pages attached to this form, if any:
Date:
Lawyer’s name (if any) |
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Lawyer’s signature |
I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct.
Date:
Name of petitioner |
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Signature |
Title
This is not a Court Order.
Revised January 1, 2018
Petition for Workplace Violence Restraining Orders
(Workplace Violence Prevention)
Form Specifications
| Fact Name | Details |
|---|---|
| Form Purpose | The California WV-100 form is used to petition for a restraining order against workplace violence. |
| Governing Law | This form is governed by the California Code of Civil Procedure, sections 527.8 and 527.9. |
| Who Can File | Only employers with standing can file this petition on behalf of an employee. |
| Confidential Information | Petitioners must also complete the Confidential CLETS Information form (CLETS-001). |
| Filing Process | The court clerk will stamp the date when the form is filed. |
| Respondent Information | Details about the person from whom protection is sought must be provided, including their address if known. |
| Additional Protected Persons | Petitioners can request protection for family members or other employees at the workplace. |
| Police Involvement | If police were called during any incidents, this information must be included in the petition. |
| Temporary Restraining Order | A request for a Temporary Restraining Order can be made alongside the WV-100 form. |
| No Filing Fee | No fee is required for filing if the respondent has threatened or stalked the employee. |
California Wv 100: Usage Guidelines
Filling out the California Wv 100 form is an essential step for employers seeking to protect their employees from workplace violence. Once completed, the form will need to be filed with the appropriate court, and you may also need to provide additional documentation, such as the Confidential CLETS Information form. Below are the steps to guide you through filling out the Wv 100 form.
- Petitioner Information: Start by entering the name of the employer (petitioner). Specify whether the petitioner is a corporation or sole proprietorship. Include the lawyer's name and State Bar number if applicable.
- Court Information: Fill in the court name and street address where you are filing the petition. Leave the case number blank; the court will fill this in upon filing.
- Petitioner’s Address: Provide the address, city, state, zip code, telephone number, fax number, and email address of the petitioner. If a lawyer is representing the petitioner, include their information here.
- Employee Information: Enter the full name, sex, and age of the employee who needs protection.
- Respondent Information: Fill in the full name, age, and address (if known) of the person from whom protection is sought.
- Additional Protected Persons: Indicate whether you are asking for protection for any family or household members of the employee or other employees. If yes, list their names, sex, age, and relationship to the employee.
- Relationship of Employee and Respondent: Describe how the employee knows the respondent. Indicate whether the respondent is a current employee and explain any relevant decisions regarding their employment status.
- Venue: Check the reasons for filing in this county, such as where the respondent lives or where the incidents occurred.
- Other Court Cases: Indicate if there have been any other court cases involving the employee and the respondent, and provide details if applicable.
- Description of Respondent's Conduct: Check any relevant behaviors exhibited by the respondent, and provide detailed descriptions of incidents, including dates and any witnesses.
- Personal Conduct Orders: List specific actions you want the court to order the respondent to refrain from, such as harassment or contact with the employee.
- Stay-Away Order: Specify the distance the respondent should stay away from the employee and any other relevant locations.
- Guns or Other Firearms: Indicate whether the respondent owns or possesses any firearms and understand the implications of a protective order regarding firearms.
- Temporary Restraining Order: Request a Temporary Restraining Order (TRO) if necessary and indicate whether the respondent has been informed of this action.
- Request for Less Than Five Days' Notice: If you require a shorter notice period for the hearing, explain your reasons.
- No Fee for Filing: Request a waiver for the filing fee based on the circumstances of the case.
Once the form is completed, review it for accuracy and ensure all necessary attachments are included. After filing, you may need to follow additional steps, such as serving the respondent with the necessary documents. Be sure to keep copies for your records.
Your Questions, Answered
What is the purpose of the California WV-100 form?
The California WV-100 form, known as the Petition for Workplace Violence Restraining Orders, is designed for employers to seek legal protection for employees who are experiencing threats or acts of violence in the workplace. This form allows the petitioner, typically the employer, to request a restraining order against an individual who poses a threat to the safety of an employee. The form must be completed in accordance with California law, specifically under Code of Civil Procedure section 527.8, which governs workplace violence prevention.
Who is eligible to file the WV-100 form?
Only employers who have standing to bring this action can file the WV-100 form. This means that the employer must have a legitimate interest in protecting their employees from workplace violence. The form must be filled out by the employer on behalf of the employee identified in the petition. Additionally, the employer may need to provide information about any legal representation they have for the case.
What information is required to complete the WV-100 form?
To properly complete the WV-100 form, several pieces of information are necessary. The petitioner must provide their name, address, and contact information, as well as details about the employee in need of protection, including their full name, age, and sex. The form also requires information about the respondent, or the person from whom protection is sought, including their address if known. Furthermore, the petitioner must explain the relationship between the employee and the respondent and provide a description of the respondent's conduct that necessitates the restraining order.
What happens after the WV-100 form is submitted?
Once the WV-100 form is filed with the court, it will be stamped with the filing date. The court will then review the petition and may schedule a hearing to determine whether to grant the requested restraining order. If the court finds sufficient evidence of a threat to the employee’s safety, it may issue a temporary restraining order to provide immediate protection until a full hearing can take place. It is important for the petitioner to be prepared to present evidence and possibly witnesses during this hearing.
Are there any fees associated with filing the WV-100 form?
In many cases, there are no filing fees for submitting the WV-100 form. This exemption from fees applies when the respondent has threatened violence against the employee or has engaged in conduct that instills a reasonable fear of violence in the employee. However, it is advisable to confirm the current fee structure with the court at the time of filing, as policies may vary by jurisdiction.
Common mistakes
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Incomplete Information: Failing to provide all necessary details, such as the full name and address of the employee or respondent, can lead to delays or rejections of the petition.
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Incorrect Venue Selection: Selecting the wrong county for filing can result in the case being dismissed. It’s crucial to check that the venue aligns with where the respondent lives or where the incidents occurred.
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Neglecting Additional Protected Persons: Forgetting to include family or household members who also need protection can weaken the case. If there are others who should be listed, they must be included in the appropriate section.
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Insufficient Explanation of Incidents: Providing vague descriptions of the respondent's conduct can undermine the petition. Clear, detailed accounts of incidents are essential to convey the seriousness of the situation.
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Missing Attachments: Not attaching required documents, such as police reports or previous court orders, can hinder the process. Always double-check that all necessary attachments are included before submission.
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Ignoring Legal Representation: If a lawyer is involved, failing to include their information can complicate the filing. It’s important to provide complete details about legal representation if applicable.
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Not Understanding the Process: Overlooking the importance of reading the instructions for the form can lead to mistakes. Familiarizing oneself with the guidelines ensures that the form is completed correctly.
Documents used along the form
The California WV-100 form is a crucial document used to petition for workplace violence restraining orders. Along with this form, several other documents are often required to ensure a comprehensive legal process. Each of these forms serves a specific purpose in supporting the petition and providing necessary information to the court.
- WV-110, Temporary Restraining Order: This document requests the court to issue a temporary order that protects the employee until a hearing can take place. It is presented alongside the WV-100 form.
- CLETS-001, Confidential CLETS Information: This form collects confidential information about the respondent, ensuring the safety and privacy of all parties involved. It must be filled out with as much detail as possible.
- WV-200, Proof of Personal Service: This document proves that the respondent has been personally served with the necessary court papers. It is essential for the court to confirm that the respondent is aware of the proceedings.
- WV-200-INFO, Information on Proof of Personal Service: This form provides guidance on how to properly serve the respondent with the court documents. It outlines the requirements for personal service and what constitutes valid proof.
- Attachment Forms: These are additional documents that may be used to provide further details or explanations required by the court. They can include descriptions of incidents or relationships between the employee and respondent.
- Request for Less Than Five Days' Notice of Hearing: This request seeks permission from the court to have a hearing scheduled with less than five days' notice to the respondent, which may be necessary in urgent situations.
Understanding these accompanying documents is vital for anyone navigating the process of obtaining a workplace violence restraining order in California. Each form plays a significant role in ensuring the protection of employees and the proper functioning of the legal system.
Similar forms
- California Form DV-100: This form is used for domestic violence restraining orders. Like the WV-100, it allows individuals to seek protection from someone who poses a threat. Both forms require details about the relationship between the petitioner and the respondent, and both aim to prevent further harm.
- California Form CH-100: This form is for civil harassment restraining orders. Similar to the WV-100, it seeks to protect individuals from harassment or threats. Both forms necessitate a description of the respondent's conduct and the relationship to the petitioner.
- California Form EPO: The Emergency Protective Order form provides immediate protection in urgent situations. Like the WV-100, it serves to address threats of violence. Both forms require the petitioner to detail the incidents that necessitate protection.
- California Form GV-100: This form is for gun violence restraining orders. It shares similarities with the WV-100 in that both are designed to protect individuals from threats of violence. Each form requires information about the respondent's behavior and the petitioner’s concerns.
- California Form FL-300: This form is used for family law requests, including restraining orders in divorce cases. Like the WV-100, it addresses safety concerns and requires details about the relationship between the parties involved. Both forms aim to secure protection for individuals in potentially harmful situations.
Dos and Don'ts
When filling out the California Wv 100 form, there are several important steps to follow. Here’s a list of things you should and shouldn’t do:
- Do read the instructions carefully before starting the form.
- Do ensure that the petitioner has standing to file under Code of Civil Procedure section 527.8.
- Do provide accurate and complete information for the employee in need of protection.
- Do fill out the Confidential CLETS Information form (CLETS-001) with as much detail as possible.
- Don't leave any sections blank; incomplete forms can delay the process.
- Don't forget to list all additional protected persons if applicable.
- Don't submit the form without checking for errors or missing information.
Misconceptions
Understanding the California WV 100 form is essential for employers seeking protection for their employees from workplace violence. However, several misconceptions may lead to confusion. Below are four common misconceptions along with clarifications.
- Misconception 1: Only the employee can file the WV 100 form.
- Misconception 2: The form guarantees a restraining order.
- Misconception 3: The form is only for physical violence.
- Misconception 4: There is a filing fee associated with the WV 100 form.
In reality, the petitioner must be the employer who has the standing to bring this action. The form is designed for employers to seek protection on behalf of their employees, emphasizing the employer's role in maintaining a safe workplace.
Filing the WV 100 form does not automatically result in a restraining order. It initiates the legal process, and the court must review the evidence and circumstances before granting any protective measures.
The WV 100 form addresses various forms of workplace violence, including emotional and psychological threats. It recognizes that intimidation and harassment can be as damaging as physical assaults.
Employers can request a waiver for the filing fee if they demonstrate that the employee has been threatened or stalked. This provision aims to ensure that financial barriers do not prevent necessary protective actions.
Key takeaways
Before completing the California Wv 100 form, it is essential to read the accompanying information form, WV-100-INFO. This guide provides clarity on the process and requirements.
The petitioner must be an employer who has the legal right to file this action under California law. This means that individual employees cannot file the petition on their own.
When filling out the form, include detailed information about the employee needing protection, including their full name, age, and gender.
It's important to identify the respondent, the person from whom protection is being sought. Their full name and, if known, their address should be provided.
If there are additional individuals who require protection, such as family members or other employees, they must be listed clearly in the designated section.
Be specific about the relationship between the employee and the respondent. This information helps the court understand the context of the situation.
If the employee has experienced any incidents of violence or threats, these must be described in detail. This includes dates, locations, and any witnesses to the events.