The request for a restraining order comes from Maricopa resident Lisa Chavez. She says Chief Gene Fretheim shot her pit bull to death on Sept. 8.

Maddy, a dog allegedly shot by the Maricopa police chief, is seen in this photo provided by Lisa Chavez .

On Friday, attorneys representing Chavez said the court had issued a restraining order, and they served it on the chief. Under an order like this, the "restrained person" cannot own, possess or have firearms. It further says the weapons have to be turned in within 24 hours.

Maricopa City Manager Bob Wilburn said Monday that Fretheim turned in his guns to Taft City Police, and the chief was doing administrative work and was not in uniform.

But, Kern County Superior Court Executive Officer Terry McNally said the final version of the request for the restraining order only grants a hearing.

"I checked with both the commissioner and the clerk in the case," McNally told Eyewitness News. "They specifically remember this, and Commissioner (Linda) Etienne said, 'I did not issue an order for a stay-away in this case.'"

McNally pointed to a copy of the restraining order with both an endorsement and clerk signature in the upper right corner.

At the bottom of this form, a box is checked showing that a hearing has been scheduled, but "no orders are issued against you at this time."

McNally said it was possible that an earlier draft of the form had been given to the officer who served Fretheim with papers on Friday.

In a previous copy of the form requesting the restraining order, the upper right corner is stamped "endorsed," but there is no signature. On that form, the box at the bottom is checked, which says a hearing has been scheduled and the temporary order has been issued.

When Eyewitness News showed city manager Wilburn the form with the signature, he was surprised.

"We'll try to sort this thing out, find out where we are with the legal status," he said.

In her filing for the restraining order, Chavez said her dog was over eight years old and "never hurt anyone." Chavez said the dog was a pit bull mix.

Chavez said on Sept. 8 she heard Fretheim whistle for the dog to get closer to the fence.

"When I looked out my window, I notice that the dog catcher had my dog snared. While I went to grab my boyfriend, we both heard a gun shot and ran outside to see what had happened. When we asked Mr. Fertheim why he had shot our dog, he replied, 'It was a pit bull.'"

In her request for the restraining order, Chavez said she is afraid Fertheim will kill her other four dogs and retaliate against her or her family.

A check of the superior court Web site shows an entry for the restraining order case, which has a hearing set for Oct. 15.

It also says: "No stay away orders issued by Commissioner Etienne."

City manager Wilburn said Maricopa's attorney will have to sort out what is going on with the case and what they city should do next.

If the attorney decides there is no restraining order in place at this time, the chief will be back to work as usual.

"He'll return to his duties, and be able to fulfill the functions of the job, and then we'll investigate to see what further action may or may not be taken," Wilburn said.