WV-120-INFO How Can I Respond to a Petition for Workplace Violence Restraining Orders? Do I have to serve the other person with a copy of my response? Yes. Have someone age 18 or older--not you--mail a copy of completed Form WV-120 to the person named in item 1 of the petition Form WV-110 (or that person's lawyer). (This is called "service by mail.") The person who serves the form by mail for you must fill out Form WV-250, Proof of Service of Response by Mail. Have the person who did the mailing sign the original. Take the completed form back to the court clerk or bring it with you to the hearing. What is a workplace violence restraining order? It is a court order that prohibits you from doing certain things and going certain places. What does the order do? The court can order you to: · Not contact the employee who is protected by the order · Stay away from the employee and the employee's home, workplace and other places · Not have any guns as long as the order is in effect Should I go to the court hearing? Yes. You should go to court on the date listed on Form WV-109, Notice of Court Hearing. If you do not go to the hearing, the judge can make orders against you without hearing from you. Who can ask for a workplace violence restraining order? An employer can ask for an order on behalf of an 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 Revised July 1, 2014, Optional Form Code of Civil Procedure, §§ 527.8 and 527.9 How Can I Respond to a Petition for Workplace Violence Restraining Orders? (Workplace Violence Prevention) WV-120-INFO, Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com WV-120-INFO Violence Restraining Orders? How long does the order last? If the court issued a temporary restraining order before the hearing, it will last until your hearing date. At that time, the court will decide to continue or cancel the order. Any order issued at the hearing can last for up to three years. How Can I Respond to a Petition for Workplace What if I don't speak English? When you file your papers, ask the clerk if a court interpreter is available. You may have to pay a fee for the interpreter. If an interpreter is not available for your court date, bring someone to interpret for you. You should ask someone age 18 or older to interpret for you. Do I need a lawyer? Having a lawyer is always a good idea, but it is not required, and you are not entitled to a free courtappointed attorney. Ask the court clerk about free and low-cost legal services and self-help centers in your county. What if I have a gun? If a restraining order is issued, you cannot own, possess, or have a gun, other firearm, or ammunition while the order is in effect. If you have a gun or other firearm in your immediate possession or control, you must sell it to 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. Do not talk to him or her unless the judge or that person's attorney says that you can. Can I agree with the protected person to cancel the order? No. Once the order is issued, only the judge can change or cancel it. You or the employer would have to file a request with the court to cancel the order. Can I bring a witness to the court hearing? 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 or heard. Their statements must be made under penalty of perjury. You can use Form MC-030 for this. What if I am deaf or hard of hearing? Assistive listening systems, computerassisted real-time captioning, or sign language interpreter services are available if you ask at least five court 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.) For help in your area, contact: [Local information may be inserted.] Revised July 1, 2014 How Can I Respond to a Petition for Workplace Violence Restraining Orders? (Workplace Violence Prevention) WV-120-INFO, Page 2 of 2