A Restraining Order to Stop Workplace Violence is a court order to protect an employee, or employees from suffering unlawful violence or credible threats of violence at the workplace.The court can order a person not to:
The order can last up to three years and can also protect certain family or household members of the employee or employees at the employee’s workplace or at other workplaces of the employer.
Employers can obtain court orders prohibiting unlawful violence or credible threats of violence against their employees. The petitioner (filing party) must be an employer.
Employees CANNOT ask for workplace violence protective orders. If they want to protect themselves, they can ask for a different type of protective order on their own, such as:
Domestic Violence Restraining Order: Can be used to ask for protection from people he or she was involved with romantically at some point or close family members.
Civil Harassment Restraining Order: Can be used for protection from neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc..
The instructions How Do I Get an Order to Prohibit Workplace Violence (WV-100-INFO) contain step-by-step procedures.
IMPORTANT: If you are filing a Petition for more than one employee, you must complete a separate set of forms for each employee.
You must file your case at the Justice Center that has venue. Venue is determined by where the respondent (the person you are seeking an order against) resides or where the respondent caused physical or emotional injury to the petitioner’s employee(s). The General Information section of this website can provide you with the addresses of the court’s Justice Centers and the cities within their venue. For example if the employee suffered emotional injury in Anaheim, your case is filed at the North Justice Center in Fullerton. If the respondent resides in Huntington Beach, you could also file the case at the West Justice Center in Westminster.
Before filing the forms, you must give written or telephonic "notice" to the respondent of when and where you will be seeking a Temporary Restraining Order, or give the court a good reason why you could not give such notice. The form that you use for this is called "Declaration Re: Notice Temporary Restraining Order (L-0889)" and is included in the forms above.
If you are seeking orders based on information from your employee and others and not based on what you have personally observed, you must have each of those persons complete a declaration to attach to the Petition. You may use the form Attached Declaration (MC-031).
If the judge determines that the restrained person has used or threatened to use violence against you or has stalked you, you may not have to pay a filing fee.
Court hours are 8:00am-4:00pm, Monday-Friday. Final check-in at the Clerk’s Office is 4:00pm. All parties should appear in the Civil Division Clerk’s Office or Self-Help Center no later than 3:30pm to complete the paperwork. Note: the Self-Help Center closes at 3:00pm on Fridays. If the Self-Help Center is closed, the Clerk’s Office can assist you.
If you are served with a "Petition for Workplace Violence Restraining Order (WV-100)", "Notice of Court Hearing (WV-109)", and "Temporary Restraining Order (WV-110)", you should do the following:
Seek legal advice immediately. This website contains lawyer referral information.
Obey the Restraining Order.
Review all of the documents that you were served with.
The judge may order that the restrained person not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. The restrained person must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that he/she has or control in accordance with the order of the court. If the court makes this order, the restrained person must comply and then file Proof of Firearms Turned In or Sold (WV-800). If the restrained person does not obey the court order, he or she can be charged with a crime.