A workplace restraining order is a legal order available to workers who believe they need protection. While restraining orders are issued for one employee at a time within the workplace, they can help other employees from being exposed to a potentially dangerous individual.
What does a Workplace Restraining Order Require?
Employers may obtain workplace restraining orders if someone makes credible, violent threats towards their employees. The filing party must be an employer.
Signs that an Employee may Need a Workplace Restraining Order:
- There is an instigator that keeps harassing them
- The instigator keeps coming to their workplace without their permission
- The instigator has made violent threats towards them or other employees
As the law currently stands, employees cannot request workplace violence protective orders. If one still prefers to have a court-ordered form of protection, they can request any of the following protective orders:
- Civil Harassment Restraining Civil harassment restraining orders can protect one from individuals such as co-workers, neighbors, or distant family members.
- Domestic Violence restraining order. Domestic Violence restraining orders can protect individuals from ex-spouses or individuals one was romantically involved with in the past.
- Elder or Dependent Adult Abuse Restraining Order. This applies to individuals who are 65 or older or dependent adults.
What is the Purpose of a Workplace Restraining Order?
Workplace restraining orders offer the office protection and can prevent an individual from doing the following:
- Contacting the at-risk employee and other members of their household as well as other employees
- Coming into proximity with the employee, members of their family, or their co-workers
- Coming into proximity of the employee’s workplace
- Owning a gun or firearm
If the judge does decide to issue a workplace restraining order, they will enter it into the California Law Enforcement Telecommunications System (CLETS). CLETS is a database that shows California law enforcement that the restraining order is in place and in effect. While CLETS may not work in all states, the restraining order works anywhere in the United States.
The Three Types of Workplace Violence Restraining Orders
Employers can ask the court to institute any of the following restraining orders upon an individual.
Temporary Restraining Order (TRO)
This can be issued before more permanent restraining orders and usually lasts between 15 and 25 days or until the court hearing. A judge may issue a TRO without a hearing or notice granted to the defendant. Based on the employer’s facts, the judge will determine if a TRO is appropriate. A TRO restraining order does not show up in the CLETS database.
(Semi) Permanent Restraining Order
Judges decide upon Permanent Restraining orders at the hearing. After hearing from both sides, the judge will decide whether to grant the restraining order. These orders only last up to three years but can be renewed and reinstated if found to be necessary. The judge will likely determine that these restraining orders should be in the CLETS system.
Criminal Protective Order
If an individual has harassed or been violent towards, the district attorney may file criminal charges against them, starting the criminal court case. In criminal court, the judge can issue a protective order against the defendant while the case is ongoing and for up to three years afterward if they are found guilty. The judge will likely determine that law enforcement should enter these restraining orders into the CLETS database.
How to Apply for a Workplace Restraining Order
Obtaining a workplace restraining order is tricky, and several steps are involved. As per the California Code of Civil Procedure § 527.8, an employer can seek a workplace restraining order if they observe the following:
- An employee has suffered unlawful violence or a credible threat of violence from any individual.
- If there is reason to believe an individual will, or has previously, construed a threat of violence against the workplace
If the court does grant the restraining order, it can be for any number of employees.
To Get a Workplace Restraining Order, an Employer must Demonstrate the Following:
- An employee has received a credible threat of violence or has suffered from unlawful violence
- If it is reasonable to believe that the perpetrator of violence may attack or threaten the workplace
- The conduct is not allowable as part of a legitimate labor dispute
- The accused person is not participating in an act protected by the Constitution.
If a situation meets these qualifications, an employer will have an easier time convincing a judge to issue a workplace restraining order.
The next step is to consolidate one’s forms. There are a set of forms that one must complete throughout the court proceedings to do this. Links to all the forms necessary for filing a workplace restraining order in California can be found by clicking HERE or at local courthouses or libraries. One should have another person review the forms for accuracy and mistakes. This article will discuss what each form is and its purpose.
List of necessary forms:
This form provides information on the facts of the case explains what orders they want the court to make. Information that individuals must include is why one thinks they need protection, a description of the conduct, and if there are any additional protected persons.
Confidential CLETS Information (Form CLETS001)
This form will allow law enforcement to track who has a restraining order against them since it is in a centralized computer system. This form does not get filed and is confidential. If the judge does decide to issue a CLETS restraining order, it will show up on a background check and may make it more difficult for the restrained to get a job.
Notice of Court Hearing (Form WV-109)
The Notice of Court Hearing informs the parties of when the petition will occur and provides the date and time.
Temporary Restraining Order (Form WV-110)
TROs can be issued to protect the employee and the workplace until a judge holds a hearing. The judge can issue a TRO and is not required to provide notice to the respondent.
Make sure to fill out any local forms if there are any. After the hearings are complete, the judge may sign a Workplace Violence Restraining Order After Hearing which is a semi-permanent restraining order that can last up to three years. There is also a Proof of Personal Service form that shows the defendant the other party has brought forward a petition and all required forms.
Depending on the nature of the case, one may not have to pay a fee for requesting a restraining order. In these instances, one does not have to pay a court fee:
- If the person was violent
- If the person threatened your employees
- If the person stalked your employee or multiple employees
- If the person acted in a manner that frightened your employees
If the individual meets none of these criteria, they may have to pay a court fee, though some waivers are available.
If a judge issues a restraining order and the restrained person decides to break it, law enforcement recommends contacting the police. This is an arrestable offense.
Contact Pride Legal
If you or a loved one is seeking a workplace restraining order, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.