Amador — WV-120-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/wv120info.pdf

How Can I Respond to a Petition for WorkplaceWV-120-INFO Violence Restraining Orders?

What is a workplace violence restraining Do I have to serve the other person with a order? copy of my response? It is a court order that prohibits you from doing certain Yes. Have someone age 18 or older—not you—mail a things and going certain places. copy of completed Form WV-120 to the person named in item 1 of the petition Form WV-110 (or that What does the order do? person’s lawyer). (This is called “service by mail.”) The court can order you to: The person who serves the form by mail for you must • Not contact the employee who is protected by the fill out Form WV-250, Proof of Service of Response by order Mail. Have the person who did the mailing sign the • Stay away from the employee and the employee’s original. Take the completed form back to the court clerk home, workplace and other places or bring it with you to the hearing. • Not have any guns as long as the order is in effect Should I go to the court hearing? Who can ask for a workplace violence Yes. You should go to court on the date listed on Form WV-109, Notice of Court Hearing. If you do not go torestraining order? the hearing, the judge can make orders against youAn employer can ask for an order on behalf of an without hearing from you.employee who has suffered violence or a credible threat of violence at the workplace.

I've been served with a petition for private workplace violence restraining orders. What do I do now? Read the papers served on you very carefully. The Notice of Court Hearing tells you when to appear in court. There may also be a Temporary Restraining Order forbidding you from doing certain things. You must obey the order until the hearing.

What if I don't obey the order? The police can arrest you. You can go to jail and pay a fine.

What if I don't agree with what the order says? You still must obey the order until the hearing. If you disagree with the orders the person is asking for, fill out Form WV-120, Response to Petition for Workplace Violence Restraining Orders, before your hearing date and file it with the court. If you need to include attachments, you can use Form MC-025. You can get the forms from legal publishers or on the Internet at www.courts.ca.gov. You also may be able to find them at your local courthouse or county law library.

Judicial Council of California, www.courts.ca.gov WV-120-INFO, Page 1 of 2Revised July 1, 2014, Optional Form How Can I Respond to a Petition for Code of Civil Procedure, §§ 527.8 and 527.9 Workplace Violence Restraining Orders? (Workplace Violence Prevention)

How Can I Respond to a Petition for WorkplaceWV-120-INFO Violence Restraining Orders?

How long does the order last? What if I don't speak English? If the court issued a temporary restraining order before When you file your papers, ask the clerk if a court the hearing, it will last until your hearing date. At that interpreter is available. You may have to pay a fee for time, the court will decide to continue or cancel the the interpreter. If an interpreter is not available for your order. Any order issued at the hearing can last for up to court date, bring someone to interpret for you. You three years. should ask someone age 18 or older to interpret for you.

Do I need a lawyer? What if I have a gun? Having a lawyer is always a good idea, but it is not If a restraining order is issued, you cannot own, possess, required, and you are not entitled to a free court- or have a gun, other firearm, or ammunition while the appointed attorney. Ask the court clerk about free and order is in effect. If you have a gun or other firearm in low-cost legal services and self-help centers in your your immediate possession or control, you must sell it to county. or store it with a licensed gun dealer, or turn it in to a law enforcement agency. Will I see the employee at the court hearing? Yes. Assume that the employee will attend the hearing. Can I agree with the protected person to Do not talk to him or her unless the judge or that cancel the order? person’s attorney says that you can. No. Once the order is issued, only the judge can change or cancel it. You or the employer would have to file a Can I bring a witness to the court hearing? request with the court to cancel the order. Yes. You can bring witnesses or documents that support your case to the hearing. But if possible, you should also bring the witnesses’ written statements of what they saw What if I am deaf or hard of hearing?or heard. Their statements must be made under penalty of perjury. You can use Form MC-030 for this. Assistive listening systems, computer- assisted real-time captioning, or sign language interpreter services areFor help in your area, contact: available if you ask at least five court[Local information may be inserted.] days before the hearing. Contact the clerk’s office or go to www.courts.ca. gov/forms for Request for Accommodations by Persons with Disabilities and Response (Form MC-410). (Civ. Code, § 54.8.)

Revised July 1, 2014 How Can I Respond to a Petition for WV-120-INFO, Page 2 of 2 Workplace Violence Restraining Orders? (Workplace Violence Prevention)

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