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Workplace Violence Restraining Orders in California

Workplace Violence Restraining Orders in California

By Her Lawyer on March 10th, 2022

California Workplace Violence Restraining Orders

Here’s everything you need to know about workplace violence restraining orders in California and a step-by-step guide on how to get one.

Employers can seek a workplace violence restraining order to protect their employees if acts or threats of violence have been made and can be carried out at the workplace. To get a WVRO in California, an employer must fill out and file a petition on behalf of the employee. a judge can issue a TRO until a court date can be held. At court, the judge can issue a “permanent” WVRO that can last up to 3 years.

What is a workplace violence restraining order in California?

A workplace violence restraining order is a court order issued for an employee’s protection from violence or threats. WVROs are requested by employers on behalf of an employee that has experienced serious violence or threats.

What can a workplace violence restraining order do?

A WVRO can order a restrain a person from:

  • Contacting the employee or other protected persons
  • Harassing or threatening the employee
  • Owning a gun

Court orders for workplace violence can protect the employee and his or her household and family members for up to 3 years. WVROs are enforced by police and other law enforcement agencies.

Who can get a workplace violence restraining order?

Under California Civil Procedure section 527, employers can get a workplace violence restraining order if there has been unlawful violence or credible threats made against their employees. To get a restraining order for their employee, the employer must specifically prove that:

  • The employee has experienced unlawful violence or serious threats
  • The violence has or reasonably can be experienced at the workplace
  • The conflict is not part of a legitimate dispute
  • The person accused is doing something illegal

Contrary to other types of restraining orders, a WVRO can only be requested by an employer on behalf of an employee. Employees can NOT seek workplace violence restraining orders for themselves. An employee can seek one of these types of restraining orders themselves:

If you’re an employee and what to find out what type of restraining order is right for you, click here.

How can an employer protect an employee with a workplace violence restraining order?

An employer can request a WVRO on behalf of their employee if serious acts or threats of violence have been made against them. Upon filing, a judge can issue a temporary restraining order to protect the employee before a court hearing can be held. At the court hearing, a judge can issue a “permanent” WVRO that can last up to 3 years. If a crime has been committed, the judge can issue a criminal protective order as well.

How to Get a Workplace Violence Restraining Order in California

To get a workplace violence restraining order (WVRO), fill out the necessary state and local forms. Take them to your local court clerk, who will hand them over to a judge. Find out if the judge issued a temporary restraining order, then file the forms. Distribute copies of the TRO, then serve the restrained person. File the proof of service, then prepare for your court hearing. If the judge issues a permanent WVRO at the court hearing, file any final paperwork.

1. Fill Out the WVRO Court Forms

To begin your WVRO process, fill out:

If you need more space to explain why a restraining order is needed, fill out:

2. Complete Any Other Necessary Forms

Depending on the county you live in, you may need to complete additional forms. Contact the court you’ll be filing the restraining order at and ask if there any additional forms that need to be completed. If so, complete them. These forms may be available on your court’s website.

3. Have a Lawyer Review The Forms

Make sure that a lawyer looks over these forms before you file them. If your WVRO papers aren’t properly filled out, you may find some legal problems down the road. After your forms have been finalized, make at least five copies of each form except for Form CLETS-001. If you need an experienced lawyer to review your forms, contact Her Lawyer.

4. Take Them to the Court Clerk

Take the completed forms to your local court clerk. The clerk will give the papers to a judge, who may issue a temporary restraining order within one business day. Ask the court clerk how you should proceed and when you should return. You may need to appear in front of the judge the day you file the restraining order.

5. Find Out If a Judge Issued the Temporary Restraining Order

Return to the court when the clerk told you to. Find out when if the judge issued the TRO. Look at Notice of Court Hearing (Form WV-109) to get the court hearing date.

6. Distribute Copies of the TRO

If the TRO was issued, distribute copies to:

  • The protected employee
  • Anyone else protected by the order
  • Security at the workplace

7. Serve Papers to the “Restrained” Person

Find out when the service of process must be completed by looking at Items 4 and 6 on Form WV-109. Then, get someone over the age of 18 to serve the papers to the restrained person, along with the following blank forms:

  • Response to Petition for Workplace Violence Restraining Orders (Form WV-120)
  • Proof of Service of Response by Mail (Form WV-250)

For more information on how to serve the WVRO, contact an experienced attorney today.

8. File Proof of Service

After the papers have been served, have the process server complete a Proof of Personal Service (Form WV-200), then file it with the court. Make copies of the filed proof of service and distribute them to the people you gave the TRO to.

9. Prepare for Court Hearing

Have the employee gather any evidence of violence or threats, including:

  • Photos
  • Videos
  • Text messages
  • Emails
  • Voicemails
  • Police or medical reports
  • Witness testimonies

Bring your employee to the hearing. Make sure they know what they’re going to say. Get to the court 30 minutes early. Find the courtroom in which your case will be held, then wait until your name is called.

10. Attend Court Hearing

At the court hearing, the judge will ask both the protected and restrained person a series of questions. It’s important you answer these questions clearly and honestly. If the defendant lies in court, wait until they’re finished speaking to rebuttal. Speak only when spoken to. If the judge gives you time to ask questions, ask questions. Try to keep emotions and arguments outside of court.

At the end of the hearing, the judge can:

  • Issue the restraining order
  • Issue some parts of the petition for a restraining order
  • Deny the petition for a restraining order
  • Postpone the hearing

11, After the Court Hearing

If the judge issues a WVRO, you’ll need to take a few more steps for the restraining order process to be completed. Fill out the Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130) [this will become your “permanent” restraining order]. Make 3 copies of this form, then file them with the court clerk. Serve the restrained person a copy of the Form WV-130, then file either:

The restrained individual must be served in person if they did not attend the final court hearing.

FAQs

Can I file a workplace violence order against my employee in California?

It may not be practical to get a restraining order against your employee. You would need to fire the employee, then get a restraining order against them. If the employee committed acts of violence or threatened violence against you, you are completely within your legal rights to fire them and seek a restraining order.

Can I file a workplace violence order against my employer in California?

Filing a workplace violence restraining order against your employer may not be practical (but of course there are measures you can take to legally and physically protect yourself). Under California law, employers are not allowed to commit violence or threaten violence against employers. You can sue your employer for misconduct and seek a restraining order after you quit.

Can you ask your employer to file a restraining order under the workplace violence prevention act in California?

An employer can file a restraining order to protect an employee from violence or threats of violence in California. Employees can ask their employers to file the restraining order; however, workplace violence restraining orders cannot be filed by employees themselves.

Where can you get a workplace violence restraining order in California?

Under California Civil Procedure section 527, to get a workplace violence restraining order the employer must specifically prove that:

  • The employee has experienced unlawful violence or serious threats
  • The violence has or reasonably can be experienced at the workplace
  • The conflict is not part of a legitimate dispute
  • The person accused is doing something illegal

Can a school district file a workplace restraining order for an employee?

Yes, a school or school district can file a WVRO on behalf of an employee.

Can a workplace violence order lead to an arrest?

If the violence or threats of violence that led up to the restraining order were unlawful and criminal, the WVRO can lead to an arrest.

Free Consultation With a California Employment Attorney

If you need a workplace violence restraining order in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our Employment Law Attorneys in California today!