Workplace violence can involve not only physical threats but also stalking, harassment, and other acts that create fear and insecurity among employees. California provides a specific legal remedy to address this: the Workplace Violence Restraining Order (WVRO). This unique restraining order differs from others because only an employer can request it on behalf of one or more employees. It is a critical legal process aimed at protecting employees, their family members, and the workplace from individuals who pose a genuine risk of violence or have engaged in unlawful actions.

The WVRO process is a proactive method of maintaining a safe working environment, and employers can take prompt action to avoid harm before the situation escalates. A WVRO can require the restrained person to stay away from the workplace and the protected employee, and it can also prohibit firearm possession. It is a strong and crucial instrument for protecting workers against harmful habits.

What is a Workplace Violence Restraining Order? The Basics of CCP 527.8

A workplace violence restraining order (WVRO) is a court order that protects employees from violence or credible threats of violence in the workplace. It is one of the most critical instruments that employers use to guarantee the safety of their employees and business.

WVROs are authorized under the California Code of Civil Procedure (CCP) § 527.8. This law imposes a specific and essential authority on employers: the possibility to address the court with a restraining order in support of an employee who has become a victim of unlawful violence or has a credible fear of this violence. The law was enacted to address growing concerns about workplace violence, as it offers a formal procedure for preventing harm before it materializes.

The significant element of a WVRO in connection with CCP 527.8 is that an employer is the only person who can request it. A victim of the violence or threats, an employee, cannot request this particular form of restraining order on his/her behalf. It starkly contrasts with other restraining orders, including a civil harassment restraining order, which a person may petition on his/her own. The WVRO confers on the employer the duty and legal capacity to act, which has a vested interest in ensuring a safe working environment.

The general purpose of WVRO is to provide legal protection against threats or acts of violence in the workplace. In case the court issues the order, they may ban the restrained person by prohibiting them from:

  • Engaging in more acts of violence or threats

  • Getting in touch with or within a particular range of the safeguarded worker

  • Entering the workplace

  • The possession or ownership of guns

The order also has the potential to spread its protection to other employees working at the workplace, and even family or household members of the threatened employee, which underscores its comprehensive approach in protecting people against several dangerous behaviors.

Who Can Be Protected and Who Can Be Restrained?

The scope of a workplace violence restraining order is defined by who it is designed to protect and against whom it can be filed. This legal tool is not limited to conflicts between a company and its direct employees. It also applies to any person credibly threatening the workplace.

The Protected Party

A WVRO is meant to cover a particular employee or even a group. The petitioner, the employer in this case, has to prove that a specific employee has been a victim or is threatened by unlawful violence. This incorporates threats, stalking, or physical assault that has taken place at the work site.

The court may also extend protection to other business employees and the family or household members of the threatened employee or the household of the threatened employee, primarily when the threats have been directed to their personal home or when the threats are linked to the individual's employment.

The Restrained Party

The strength of a WVRO is that it can be issued on a vast number of individuals who are a threat. The restrained party need not be an employee of the company. The order may be applied to any individual, including:

  • An employee or a former employee — This is a typical situation. Usually, some workers are disgruntled, or an employee has just been sacked.

  • A client, vendor, or customer — Threats of those visiting the business regularly or working with the company are also reported.

  • A stranger — Another person not directly connected with the company but who has been stalked or has used violence at the work site, may be restrained.

  • A family member or domestic partner of an employee — if a domestic dispute escalates and leads to threats or violence in the workplace, an employer can protect the employee and the business by submitting a WVRO.

The flexibility of the law concerning the identification of the tied party will help to guarantee that the employers have a strong tool against threats of any kind, provided that the violence or menace is related to the workplace.

Proving Unlawful Violence or a Case of a Credible Threat

To secure a WVRO, the employer may submit on behalf of his/her employee to the court evidence that the restrained individual has committed unlawful violence or made a credible threat of violence in the workplace. This is the legal standard and the central theme of the petition. The burden of proof lies on the employer to give adequate evidence to persuade a judge that the protective order is essential.

According to California Code of Civil Procedure 527.8, unlawful violence includes any assault or battery, or stalking, as held in the Penal Code. This means there must be an incident involving physical harm or an attempted physical assault. In the case of physical assault of a current employee by a former employee in the parking lot of the office, it is a definite case of illegal violence. Police reports, medical records, or photos of injuries would provide a good piece of documentation that would be used to support the petition.

A credible threat of violence is usually a more subtle legal criterion, yet a leading reason behind a WVRO application. According to the law, it is an act that is knowing and intentional and violates the law. It is a statement or a course of action that will cause a reasonable person to fear his/her safety or the safety of his/her immediate family, and that does not serve any justifiable purpose. A course of conduct may be a sequence of actions, like the repeated phone calls, emails, and trailing an employee to or from the workplace.

To fulfill this criterion, it is the responsibility of the employer to prove that:

  • The threat was direct and clear (not a loose, throwaway remark)

  • It would make any reasonable person fear losing their life — The court uses the objective test, that is, whether the ordinary person in that circumstance would have been scared, not only because the particular employee was scared.

  • It is a threat that can reasonably be implemented in the workplace — This threat does not necessarily have to be posed at the workplace, but must be connected to the workplace. For example, an ominous text message received on an employee's personal phone outside working hours may indicate that some harm may be carried out at the business.

Some evidence that may be used to prove this may include voicemails, emails, text messages, social media posts, witness statements, and security camera shots, and they may all be used to prove the reality and credibility of the threat.

WVRO Filing Process: Step-by-Step Guide for Employers

Applying for a workplace violence restraining order is a legal procedure, and it is mandatory to follow all the procedures in court. To an employer, it is a critical procedure in his/her obligation to ensure that the workplace is safe. You should take the following steps when filling a WVRO petition:

Step 1: Collect All the Pertinent Evidence

The employer should collect strong evidence to substantiate the claim of illegal violence or even an honest threat before filing paperwork. The case is based on this evidence, which will be used to persuade a judge to grant the order. The more detailed and corroborated the evidence, the stronger the petition. Relevant documents include:

  • Written communications — Screenshot of threatening text messages, emails, or social media posts

  • Witness statements — Written statements of other staff or persons who witnessed the threats or violence.

  • Official reports — Copies of police reports made in respect to any incidents

  • Visual evidence: The footage of the security cameras, any photos of the damaged property, or the photos of any injury

  • Other records — Voicemail recordings, call logs, or any other records that can support the threatening behavior

Step 2: Complete the Required Court Forms

The courts have specific forms to fill out to apply for a WVRO. These can be found on the California Courts website. The two most important forms are:

  • Petition for Workplace Violence Restraining Order (Form WV-100) — It is the main document. The employer must complete it with a straightforward and factual account of the violence or threat incidents. It should make clear who will be protected (the employee) and who should be restrained, as well as the description of the incidents, with dates, times, and locations.

  • Temporary Restraining Order (Form WV-109) — This form is filed along with the petition. In this form, the judge can sign and issue a Temporary Restraining Order (TRO) if he/she believes there is enough evidence to pose an immediate threat. A TRO offers short-term, though urgent, protection until a full court hearing is possible.

Step 3: Submit the Forms to the Court

After filling out the forms, the employer has to submit them to the court clerk in the county where the violence or threats occurred. The employer will pay a filing fee at this stage, but a fee waiver can be requested in certain instances. The permanent restraining order will have a hearing date given by the court clerk. The judge will examine the petition and, at this point, will sign a Temporary Restraining Order (TRO), assuming that the evidence presented is sufficient to demonstrate an immediate threat.

Step 4: Serve the Restrained Person

This is a critical legal step. All the court documents, specifically a signed TRO and the notice of hearing on the permanent order, should be formally served to the restrained person. This will give the individual the right to be informed of the proceedings and be heard in court. A third party should provide the documents, not the employer or the employee who has been safeguarded. This may be:

  • A professional process server

  • A county sheriff

  • Any person not involved in the case, of adult age (at least 18)

Once the papers are served, the server has to sign and submit a Proof of Service form (WV-200) to the court, which will inform the judge that the restrained individual has been adequately informed.

The Court Hearing

The workplace violence restraining order process is most important during the court hearing. This will be the chance that the employer will have to submit his/her case before the judge and request a temporary order to be turned into a permanent one. The trial process is formal, and the outcome depends entirely on the strength of the evidence presented.

The main objective of the hearing is to persuade the judge that the temporary restraining order (TRO) is to be converted into a more permanent order. Although this kind of order is known as permanent, it usually lasts not more than three years. The employer will have the right to seek a renewal of the order in the court after this time if the threat continues. If the evidence does not convince the judge, the TRO will run out, and the case will be dismissed.

The legal concern to be met to change a temporary WVRO to a permanent one is exceptionally high. To succeed, an employer has to demonstrate his/her case by clear and convincing evidence, a higher standard than that applied in most civil cases, which is a preponderance of the evidence. This means the evidence should be strong enough to leave the judge with a firm belief or conviction that the facts are very likely. It is a significant legal challenge that the employer has to prove a strong and well-written case that the illegal violence or the threat of violence is not just possible but more than likely took place.

At the hearing, the employer, represented through legal counsel's assistance, will argue his/her case before the judge. This presentation usually includes:

  • Testimony of the protected employee — The employee who is the subject of the threats will often be required to testify under oath about the specific incidents that led to the petition. It is an essential aspect of the procedure, as their firsthand account gives a human factor to the evidence records.

  • Production of documented evidence — The employer will provide a formal presentation of all evidence acquired, like police reports, threatening emails, text messages, postings on social media, and footage of security cameras. This evidence has to be correctly structured and presented.

  • Witness testimony — It is possible to have other people who witnessed the threats or violence and call them to testify. Their testimonies can assist in substantiating the story of the employee and use it to reinforce the employer.

The restrained individual is entitled to be present, give evidence and witnesses, and cross-examine the employer's witnesses. The judge will hear the two parties and then provide a final judgment concerning whether the permanent restraining order is to be granted.

Criminal Penalties and Legal Remedies

The final workplace violence restraining order is an effective legal action with severe ramifications and repercussions for the violator. By imposing strict conditions on the restrained individual, a court makes severe demands when granting a final WVRO because the victim should not suffer any more. Violating a final WVRO is not just a civil offense but a crime, with severe consequences.

Stay Away and No Contact Provisions: Protective Orders

The core of a final WVRO consists of its covering provisions. The order will generally encompass stay-away and no-contact orders. The stay-away provision is a legal provision that compels the restrained individual to keep a certain distance between him/her and the person being protected, the workplace, the house, and, in most cases, the vehicle. The court determines this distance, which may be a few hundred yards or even more. It is important to note that the no-contact provision does not allow indirect communication or contact.

This can be phone calls, emails, text messages, social media communications, or even getting a third party to deliver the message. These provisions are meant to establish a decisive and enforced line to guarantee the safety of the safeguarded individual.

Firearm Restriction

An automatic firearm restriction accompanies a WVRO, which is accompanied by an automatic firearm limitation if the judge has determined the presence of a credible threat of violence.

According to California law, an individual under a WVRO cannot possess, own, buy, or obtain ammunition or firearms within the order's duration, which may not be more than three years. The restrained individual must surrender any guns he/she possesses or owns to a local law enforcement agency or sell them to a licensed gun dealer and give evidence of such to the court. Failure to comply may result in additional criminal charges.

Violation of California Penal Code 273.6 is a Crime

The intentional and conscious violation of any of the provisions of a WVRO is a crime. It is addressed explicitly in Penal Code 273.6. This legislation states that a restraining order is a court order, and failure to respect that order is a criminal offense and not merely a violation of a civil contract. The prosecution should demonstrate that a valid protective order was granted, the accused was aware of the order, and that he/she acted on it carelessly.

The statute applies regardless of whether the person being safeguarded has agreed to or initiated the contact. The duty of compliance with the order issued by the court rests squarely on the shoulders of the restrained individual.

Violations of a WVRO are grave, and so are the penalties. A first-time violation is a misdemeanor. A conviction could mean:

  • Fines, not exceeding $1,000, and/or

  • One year in county jail

If the infraction causes the victim to suffer physical harm, the punishment is harsher, with:

  • A fine of up to $2,000 and

  • At least 30 days of imprisonment in the county jail

Moreover, if the violation entails a previous conviction under the statute or violence is committed, then the offense can be a wobbler. Prosecutors will pursue it as a misdemeanor or a felony. Violating a WVRO as a felony can attract more serious penalties, such as:

  • A fine of up to $10,000

  • Up to three years' imprisonment in a state prison

The lifelong denial of firearm rights is also a consequence of a felony conviction.

Does a Protective Order Show Up on a Background Check?

Regarding the effect of a workplace violence restraining order on a background check, you should separate the civil order from the criminal consequences. Although the WVRO is not a criminal conviction, its presence can be recorded and may be noticeable in other situations.

WVROs and other restraining orders are instantly registered into the California Law Enforcement Telecommunications System (CLETS). It is a safe, state-wide database accessible only to law enforcement agencies. This ensures that police officers can quickly confirm the availability of a restraining order, especially in a case of a traffic stop or some other interaction with the restrained individual. The entry made in CLETS enforces the order by law enforcement to take action in case of a violation.

A standard criminal background check is unlikely to indicate the presence of a civil WVRO. The usual background check done commercially to secure employment, housing, or any other requirements is mostly in search of criminal convictions, arrests, and warrants. WVRO is rarely included in this criminal record database since it is not a criminal charge but a civil court order.

This is the key distinction. Suppose the restrained individual violates the WVRO and is later prosecuted and convicted of a criminal offense under California Penal Code 273.6. In that case, the criminal conviction will surely be reflected on a background check. A violation of an order is a criminal offense that will appear on the individual’s criminal record.

Find a Restraining Order Attorney Near Me

The workplace violence restraining orders are one of the most critical policies that California employers and staff may use to address workplace threats and violence. They offer the necessary legal safeguards, including requiring an individual to remain distant and not to have any contact, to limiting their right to access a gun. Knowing the peculiarities of these orders, in particular, that the violation is a serious criminal offense, is the key to protection and compliance.

You do not want to figure out the legal system on your own, whether you are dealing with a case of workplace violence or even seeking a restraining order. Contact the Goldman Flores Restraining Order Law Firm at 213-341-4087 to ensure your rights and safety are fully protected.