Workplace Violence
What is a Workplace Violence Restraining Order?
A Workplace Violence Restraining Order protects employees at a workplace from someone who has been violent, threatened them with violence, stalked, or harassed them. It can apply to one employee, a group of employees, or to an entire workplace. The unwanted behavior can happen in person, over the phone, or online.
The court can order a person not to:
- Harass or threaten the employee(s)
- Contact or go near the employee(s)
- Have a firearm, firearm parts, or ammunition
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.
Who Can Apply for a Restraining Order?
Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the 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..
- Elder or Dependent Adult Abuse Restraining Order: Protects elders and dependent adults from physical and financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.
If you are the employee and you are not sure what kind of protective order you should get, talk to a lawyer. Also, the court’s Self-Help Center may be able to help you.
How to File a Workplace Violence Restraining Order?
INSTRUCTIONS:
The instructions How Do I Get an Order to Prohibit Workplace Violence (WV-100-INFO) contain step-by-step procedures.
FORMS:
Complete the following forms:
- Civil Case Cover Sheet (CM-010)
- Petition for Orders to Stop Workplace Violence (WV-100)
- Confidential CLETS Information (CLETS-001)
- Notice of Court Hearing (WV-109)
- Temporary Restraining Order (WV-110)
- Declaration Re: Notice of Temporary Restraining Order (L-0889)
You may file your case in person at the Central Justice Center, or you may also file electronically using an approved electronic filing service provided listed on the Civil eFiling page. You may also use the Guide and File service available on the File At Home page - select Restraining Orders.
NOTICE OF REQUEST FOR TEMPORARY RESTRAINING ORDER:
Before filing your forms, you must make a reasonable effort to notify the respondent, either in writing or by phone, of when and where you will ask the court for a Temporary Restraining Order. This is called giving "notice." If you were unable to provide notice, or if giving notice would put you, another person, or a protected person at risk of harm, you must explain the reasons to the court. Use the "Declaration Re: Notice Temporary Restraining Order (L-0889)" form, which is included in the forms above.
SUPPORTING DECLARATIONS:
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) .
FILING FEE:
Pursuant to California Code of Civil Procedures section 527.8 (x), there is no filing fee for a Workplace Violence Restraining Order.
FILE THE FORMS:
- You may file your forms in person at the Central Justice Center, Civil Division Clerk’s Office , or you may also file electronically using an approved electronic filing service provided listed on the Civil eFiling page. You may also use the Guide and File service available on the File At Home page - select Restraining Orders.
- There is no filing fee for a Workplace Violence Restraining Order.
- Obtain conformed copies of the forms from the clerk.
Court hours are 8:00 a.m.-4:00 p.m., Monday-Friday. Final check-in at the Clerk’s Office is 4:00 p.m. All parties should appear in the Civil Division Clerk’s Office or Self-Help Center no later than 3:30 p.m. to complete the paperwork. Note: the Self-Help Center closes at 3:00 p.m. on Fridays. If the Self-Help Center is closed, the Clerk’s Office can assist you.
Steps to Take to Get a Restraining Order
The How Do I Get an Order to Prohibit Workplace Violence? (WV-100-INFO) form provides the steps to take next. This includes:
- How to serve the respondent with the documents. For additional information, read What is "Proof of Personal Service"? (WV-200-INFO).
- Filing proof that the respondent has been served using the Proof of Personal Service (WV-200).
- You are entitled to free service by the Orange County Sheriff if the order is based on a credible threat of violence or stalking. Check to see if section 11 has been completed by the judge on the form "Temporary Restraining Order." Complete the Request for Sheriff to Serve Court Papers (SER-001) form. The clerk will forward the documents to the Sheriff upon request. You may also have someone not involved in the case serve the documents. You can also use a licensed process server.
- Giving a copy of the Temporary Restraining Order to your local law enforcement agency.
- Information about the court hearing.
- Information about the Restraining Order.
Responding to a Petition for Order to Stop Workplace Violence
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)" and want to file a response, do the following:
- Seek legal advice immediately. This website contains lawyer referral information.
- Read the How Can I Respond to a Petition for Workplace Violence Restraining Orders? (WV-120-INFO) .
- Obey the Restraining Order.
- Review all of the documents that you were served with.
- If you want to oppose the Petition, fill out a Response to Petition for Workplace Violence Restraining Orders (WV-120).
- Have someone other than yourself over the age of 18 give or mail a copy of your response to the Petitioner or their attorney,
- Have that person complete a Proof of Service of Response by Mail (WV-250) ,
- File the original Response and Proof of Personal Service with the court before the hearing date, and
- There is no filing fee for restraining orders.
Firearms Prohibition
Upon the issuance of a restraining order, the judge will order that the restrained person not own, possess, buy or try to buy, receive or try to receive a firearm, firearm part, or ammunition while the Restraining Order is in effect. Within 24 hours of being served with the order, the restrained person must turn in or sell any firearms, firearm parts, and ammunition either by surrendering the prohibited items to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer, as required by law and file a Proof of Firearms Turned In or Sold (WV-800) with the court within 48 hours. Failure to comply with these requirements may result in criminal charges, a fine of up to $1,000, or both.