Workplace violence can lead to emotional distress and even physical harm. Employees can take action to protect themselves if they face threats or violence in the workplace. Securing a workplace violence restraining order is one way of keeping an abuser at bay. Courts often grant workplace violence restraining orders in civil lawsuits. A workplace restraining order is a judge-issued mandate that protects a worker from threats of violence and stalking.

Any person threatening a worker’s safety at a workplace can face this order. This order prevents the restrained individual from contacting the victim in any way. This includes contacting the protected person via social media, email, text, and calling. The order also bars indirect contact, like sending messages to the victim via another person. To understand more about a workplace violence restraining order in San Diego, CA, contact the Goldman Flores Restraining Order Law Firm.

Workplace Violence Restraining Order In California

According to Penal Code 527.8, an employer whose worker is facing unlawful violence or a significant threat of violence in the workplace can pursue an order to stop the violence. A workplace violence restraining order prevents the perpetrator from:

  • Possessing or owning a gun
  • Contacting or going near the protected employee, his/her children, other workers, and other household members, whichever applies
  • Harassing or threatening the employee, other workers, or any member of the worker’s household

The laws covering workplace violence permit an employer to seek a court order to protect an employee from violence at work for a period that does not exceed three years. An employer can also pursue protection for certain family or household members of an employee. According to California law, only an employer can secure a workplace violence protective order on behalf of an employee. A victim can file the following orders to prevent threats of violence or unlawful violence:

  • Dependent adult or elder abuse restraining order
  • A domestic violence restraining order, or
  • Civil harassment restraining order

How Workplace Violence Restraining Orders Work

A restraining order is a court-issued order that protects an individual in situations involving assault, stalking, harassment, or violence. Penal Code 527.8 allows an employer to request a workplace violence restraining order on behalf of any worker who requires protection under the following situations:

  • The employee is experiencing unlawful violence, such as stalking, assault, battery, or a credible threat of violence
  • The unlawful violence happened in the workplace, or the threat of violence can be construed to take place at the workplace
  • The perpetrator is not engaged in an activity protected by the Constitution
  • The perpetrator’s behavior is not allowed as part of a legitimate labor dispute

A ‘’credible threat of violence’’ under the law is when an individual deliberately acts or says something in a manner that a reasonable person will fear for their safety or that of their family. This can include:

  • Sending harassing messages through email, text message, or mail, over a period of time
  • Making harassing phone calls, or
  • Stalking someone

The court will schedule a hearing once the employer files a workplace violence restraining order. The hearing helps to establish if grounds exist to grant the request for protection on behalf of the worker. The information provided to the court will be entered into a protective-order database accessible in the entire state once the judge approves the order. The law enforcement agencies throughout the state can access the information. The judge can issue a temporary restraining order against the perpetrator even if the employer requests the protection before the hearing on the petition is held.

Who Is An Employee?

An employer can seek a restraining order against any person who threatens violence or is violent towards one or several employees. Under California law, an employee can include the following:

  • Part-time employees
  • Independent contractors
  • Volunteers
  • Public officers
  • Salaried or hourly workers
  • Commission-based employees
  • Board of directors members

Sometimes, an employer can also seek protection for an employee’s spouse depending on the circumstances.

Types Of Workplace Violence Protective Orders

The following are some of the common workplace violence restraining orders:

Temporary Restraining Order (TRO)

The employer must fill out different forms when requesting a restraining order to protect an employee. In the form, the employer must explain what happened and why the employee requires protection. The employer can request this restraining order without informing the perpetrator until the scheduled hearing.

The judge will issue a temporary restraining order if the court feels the victim requires protection and the employer follows the right steps. This order often lasts 15 to 25 days and expires on the hearing day.

Permanent Restraining Order (PRO)

The court clerk will schedule a hearing date to determine whether the judge will issue a temporary restraining order. A permanent restraining order will be issued after the hearing. This order is not permanent because it lasts for a period that does not exceed three years. If the status quo continues, this order can be renewed.

Stay-Away Order or Criminal Restraining Order

Sometimes, the district attorney can file a case against the perpetrator after a vicious workplace violence. The court can issue a stay-away order against the perpetrator while the case is ongoing. The criminal case will be closed after three years if the perpetrator is found guilty or pleads guilty.

The Duties Of An Employer After Securing A Restraining Order On Behalf Of An Employee

The employer can play a great role after establishing that an employee requires a protection order. The law requires employers to enhance employee security and safety. No employee should be victimized for seeking protection. The employer should do the following:

Listen To The Victim

An employer should allow the affected employee to express themselves and outline what he/she is going through. Employees can only express themselves at the level they feel comfortable with.

Showing Concern

An employer should show that the issue raised is of interest and urgency and that the employer is ready to walk with the employee. The victim should work with the employer to develop safety actions to take.

Respecting The Victim’s Concerns

The victim has a right to refuse or make decisions that differ from the employer's expectations. An employer must respect an employee’s decision because every situation is unique and has different requirements and circumstances.

Giving You Options

The employer should give the affected employee options that are deemed helpful. Some options include reasonable accommodations like workstation relocation or some time off work.

Accommodations An Employer Can Offer To Enhance Employee Safety  

The following are the steps an employer can take to enhance employee safety:

Adjusting Job Roles

An employer should ask the affected employee if the restraining order will prevent or affect their performance of their job duties in any way. The employer should also inquire if the victim requires a job duty revision because of the inherent violence or threats. Some of the examples include:

  • The victim can request that all calls be routed to voicemail
  • The victim can be reassigned to other roles in a non-public section of the company

Gathering and documenting information

An employer can help the victim document inappropriate behaviors like harassing calls, job site visits, and emails. Documentation can be vital evidence that the perpetrator has breached the restraining order. Additionally, the employer can help the victim document any abuse, like bruises.

Security And Safety

Employers should protect victims’ privacy by ensuring nobody accesses their address and contact information. The employer can also offer the following accommodation arrangements to improve the victim’s safety while at work:

  • Accommodating through telecommuting
  • Assigning a person to escort the victim while walking to the car
  • Relocating the victim’s workstation

The Procedure Of Securing A Workplace Violence Restraining Order

An employer can follow the following procedure to secure a workplace violence restraining order:

  1. Filling Out Court Forms

The employer must file several court forms while pursuing a workplace violence restraining order. This will include showing what order is sought and why. Some of the forms include:

  • Filing for workplace violence restraining orders — This form informs the court about the petitioner’s case and the orders the victim and the employer are pursuing.
  • Confidential CLETS information or Form CLETS-001 — This is a confidential form, and it does not get filed. The function of this form is to enter a worker's restraining order into a statewide computer system that informs the police of the restraining order.
  • Declaration or Form MC-030 — An employer will use this form when attaching witness statements. The victim’s workmates must fill out a declaration that will be attached to the petition when the employer requests an order that is founded on what the victim or coworkers have said.
  • Items 1, 2, and 3 of the Notice of Court Hearing or Form WV-109 — This form informs the perpetrator of the date and time of the court hearing.
  • Civil Case Cover Sheet
  • CLETS-TWH Form or temporary restraining order — The judge can grant a temporary restraining order before the hearing. A judge can issue this order after informing the perpetrator.
  • Additional Page or Form MC-020 — This form is used when the victim requests another chance to explain why he/she needs a restraining order.

An employer must take the forms to the court’s self-help center for review after filling out all the forms. The center will confirm if the employer has filled out the forms correctly. It also helps petitioners who cannot secure an attorney's services.

Apart from Confidential CLETS Information, an employer should produce copies of every form. The employer should retain one copy, serve the victim with one copy, and serve the perpetrator with one copy. The employer should give each individual a copy if several workers require protection and leave the original copy with the court.

Additionally, the employer must produce two copies of Confidential CLETS Information. The employer should leave the original copy with the court and keep the remaining copy in the company’s records.

  1. Filing The Forms With The Court

An employer should file the forms with the court after filling them out. The employer should consult the court clerk to confirm the filing process, as the filing forms differ from one court to another. Employers must follow the following procedure when filing the forms:

Serve The Court Clerk With The Forms

The court clerk will file the case once the employer serves them with the papers. These forms will become a key element in the case record. The clerk will keep the original copy and give the employer stamped or filed copies.

The employer will be required to pay a filing fee in situations where the victim has not faced criminal violence or been stalked. An employer can also seek a waiver if the filing fee is unaffordable. Additionally, an employer can request a translator from the judge during the court hearing if the victim or employer does not understand or speak English. Employers can present someone if an interpreter is not available. It is not recommended to present a child, a protected person, or a witness to translate.

Inquire If The Judge Granted The Temporary Restraining Order

The court clerk will present the forms in the court once a case is filed. The judge will evaluate the declarations and the petition to establish whether to grant a temporary restraining order. Usually, the judge will make a ruling the following day, but the actual time and procedure differ with every jurisdiction. The employer can ask the clerk if the victim needs to wait until the judge makes a ruling or return later.

An  employer should study the paperwork to check the following after the judge’s ruling:

  • The date set for the hearing
  • If the court rejected the petition
  • If there are changes made to the petition filed

The employer will then give the victim a copy of a temporary restraining order. A victim should keep a copy of the restraining order safe and present it to the police when needed.

  1. Serve The Perpetrator With The Paperwork

The employer should serve the perpetrator with the paperwork he/she presented to court. The victim or employer is not required to deliver the papers. The employer can use a process server or server to present these papers to the perpetrator. A server should be at least 18 years old.

The judge might not grant the victim a permanent restraining order until the perpetrator is served with the papers appropriately. The process server should deliver the papers to the perpetrator immediately or before the Notice of Court Hearing deadline. This will give the perpetrator ample time to act and respond to the case, as well as prepare for the trial.

The employer should ensure the papers are delivered in person. The process server must also complete Form WV-200 or Proof of Personal Service. He/she should fill it out appropriately because it will be presented in court. Form WV-200 informs the court and law enforcement that the perpetrator received the temporary restraining order, petition, and a notice of hearing copies.

  1. Preparing For The Hearing

An employer must present in court all documents showing violence, threats, stalking, or harassment. The employer should also carry two copies of the filed forms and present the following to support the case:

  • Damaged assets
  • Threatening texts, letters, or emails
  • Police or medical reports or photos, and
  • Witnesses  

The victim should also appear in court to give their side of the story. Victims can reach out to the security personnel in court once they arrive in court if they are afraid for their safety.

Victims are allowed to read from the papers the employer filed. The victim can wait for the perpetrator to finish and then ask the judge for a chance to tell the truth if the perpetrator lies. The judge can do the following after the court hearing:

  • Postpone the case and set another date for the court hearing
  • Reject all the orders requested
  • Grant a few of the orders the employer requested 
  • Grant all the orders the employer requested

The order will stay effective while waiting for the new court hearing date in case the judge postpones the ruling and the temporary restraining order is granted.

  1. After The Hearing

If the judge grants a protective order during the hearing, the clerk will create a written order that the judge signs. Sometimes, the employer can prepare this order. The employer must ensure the order has everything that the judge ordered. The victim should have copies of the order close at hand.

The Effects Of Having A Protective Order Against You

Most defendants do not understand the impact of voluntarily allowing a workplace violence restraining order to be ordered against them. The following are some of the repercussions you will face:

  • You could  face a jail term or fines if you go near the protected worker or place
  • You will not be allowed to possess or own a gun —The court will order you to dispose of your gun or give it to law enforcement if you already own a gun.
  • The restraining order can rule you out of employment and educational opportunities.
  • You will have a criminal record that indicates that you have a workplace violence restraining order.

A restraining order is hard to expunge from your criminal record. The court can also order you to undergo a psychological assessment or enroll in anger management sessions.

How An Attorney Can Help You If You Are A Workplace Violence Restraining Order

An experienced protective order attorney can help you in the following ways:

  • Try to solve your case without going to trial through dismissal
  • Preparing and representing you at all levels of the proceedings
  • Developing strategies that help your criminal charges be dismissed or reduced. This will include plea bargain negotiations.
  • Handling the police and the prosecutor on your behalf

Responding To A Workplace Violence Restraining Order

You should follow the following steps if the judge imposes a protective order on you:

Fill Out All The Court Forms

Ask your attorney or the court clerk for all the forms you should fill out. Request the self-help center to review the papers after you fill out the paperwork. Produce copies of all the forms. Leave the original court in the court, take one copy, and give your employer one copy.

File The Paperwork And Serve Your Accuser With The Copy

Take the forms to the clerk for filing once you have finished filling them. The clerk will file the original copies and return the remaining to you after stamping. Give your employer the copies two days prior to the hearing. Secure Form WV-250 or proof of service of response by mail from the server, and file a copy with the court.

Prepare And Attend The Hearing

Get all your evidence and paperwork together. Secure a witness statement of what the witness saw or heard. Consider all orders imposed on you and determine if you agree with the orders or not. Give the reasons why you disagree with the orders.

After The Hearing

You should comply with the order if the judge imposes a protective order against you. You could be placed in custody if you fail to observe the terms and conditions of the restraining order. After the hearing, review the workplace violence protective order. Ensure it has only what the judge ordered. Consult the court clerk immediately if the restraining order includes conditions that the judge did not outline during the hearing. Speak with the self-help center or your attorney if the court clerk cannot help you. 

Find An Experienced Restraining Order Attorney Near Me

The California Civil Procedure Code 527.8 allows an employer to seek a workplace violence restraining order to protect any employee facing harassment, credible threat of violence, or violence from any party. Any potential violence that can be executed or planned to be executed at the workplace can call for a restraining order. The order can protect an employee from any party threatening to harm them. The restrained party could be another employee, a family member, or a friend. The restrained person could also be a member of the public with whom the victim does not have a close relationship.

An employer must act fast when there is a credible threat of violence against an employee because violence can escalate quickly. For guidance on how a workplace violence restraining order works or legal help in obtaining one in San Diego, contact the Goldman Flores Restraining Order Law Firm. Call us at 619-943-4400 to speak to one of our attorneys.