Courts primarily issue workplace violence restraining orders in civil cases. These are judge-issued mandates that protect employees from stalking, violence, and threats of violence. Any party threatening an employee’s safety at a workplace can be issued with this order.

A workplace violence restraining order bars the restrained person from contacting the victim in any way. This includes calling, texting, emailing, or contacting them via social media. Additionally, the order prevents indirect contact, such as relaying messages to the victim through someone else.

At Goldman Flores, we understand the law on workplace violence restraining orders and how courts handle related cases. For decades, we have successfully represented clients in matters related to these orders. We will be glad to represent you as well. If you are an employer seeking a workplace violence restraining order in Los Angeles or are someone against whom an employer has issued the order, contact us immediately for legal counsel.

Workplace Violence Restraining Order Overview

Employers have a legal and ethical duty to ensure a safe working environment. This includes the mandate to safeguard workers from any threat of violence by customers, co-workers, and other parties. Workplace violence restraining order refers to a legal order employers may seek to protect workers who have faced workplace threats or violence.

Under California law, an employer could request a legal order to safeguard one or several workers from an individual who has threatened violence or been violent at the place of work. The individual could be a customer, coworker, or personal acquaintance. The primary aim of a workplace violence restraining order is to ensure workers' psychological health and safety while in their workplace.

Abuse in the place of work could include any threat of violence occurring in person. The threats of violence could also happen online, by mail, or over the phone. Abuse also means following a worker from or to the workplace or during working hours. An employer could request protection for a worker subject to abuse and other workers who might also face danger. The protection could also cover the household members or families of workers.

A workplace violence restraining order is also called a workplace violence protective order. There are various types of these orders, including emergency, temporary, and permanent orders. The court can grant a workplace violence protective order against anybody who has shown violent behavior in the workplace. Someone who threatens violence at the workplace can also receive the order. Only an employer can request this type of restraining order.

The maximum period of workplace violence protective orders is three years. The clock starts ticking from the date the court issued the order. However, some orders remain valid only for a few months or weeks; these are temporary protective orders. Others remain valid only for a few days; these are emergency protective orders.

Types of Behaviors Workplace Violence Protective Orders Prevent

A judge could accord a workplace violence protective order to safeguard the following parties:

  • Workers
  • Workers’ family members
  • other people living with the worker
  • the place of work itself

Once the judge has granted the court order, the employer may call the police to enforce it. The terms and conditions of workplace violence protective order vary based on the particular allegations. However, judges commonly issue the following kinds of orders:

  • A stay-away order bars the restrained party from approaching the protected employee's physical vicinity, particularly from visiting the employee's workplace.
  • A peaceful contact order—this order requires the restrained individual to stop stalking, harming, or threatening the protected person.
  • A no-contact order—this order bars the restrained individual from contacting the protected worker.
  • A no-firearms order—a judge can also order the restrained individual to surrender all ammunition and firearms they own or possess. This order further bars the restrained person from buying or owning ammunition or a firearm.

Parties That Can Request a Workplace Violence Protective Order

With other forms of protective orders, the party experiencing abuse or threats seeks protection themselves. That is different for workplace violence protective orders. Only employers can request these types of orders on the employees’ behalf. Therefore, workers who face threats of violence or actual violence in the workplace must first tell their employers. An employer is a party engaged in a business in the state, including government offices and agencies.

  • If an employer is a sole proprietorship, they may represent themselves or hire an attorney. A sole proprietorship means the employer is the sole owner of the business.
  • If the employer has a registered legal entity, an attorney must represent their business. A registered legal organization can be a corporation (profit or non-profit) or an LLC.

The worker or workers for whom the employer seeks protection need not hire an attorney. However, the judge may need them to testify during the hearing.

An employer could seek protection for a single or more workers. In this case, the word “employee” includes:

  • Volunteers,
  • Independent contractors,
  • Part-time employees,
  • Commission-based employees
  • Salaried and hourly workers
  • Public officers
  • Members of the board of directors

In certain instances, the employer could also request that the employees’ spouses be protected.

Note that an employer could request a protective order only against an individual who has threatened violence, talked, or been violent against one or several workers. They cannot obtain a protective order against a business or corporation. Additionally, remember the employer seeking the order need not be the worker's immediate boss. It could be a supervisor or HR manager wanting to safeguard a worker from:

  • Threats
  • Stalking
  • Assault
  • Battery
  • Sexual assault
  • Other acts of physical violence

A worker cannot seek this kind of court order. Should an employee seek protection from their co-worker, they must request any of these:

  • A domestic violence restraining order,
  • A dependent adult abuse or elder abuse restraining order or
  • A civil harassment restraining order

Lastly, recall that workplace violence protective orders do not mean to silence individuals from constitutionally protected activities. Examples of constitutionally protected activities are whistleblowing, picketing, and unionizing.

New Workplace Violence Protective Order Law, Senate Bill (SB 428)

Gavin Newsom, Governor of California, signed SB 428 into law on Sept. 30, 2023. This new law broadens the workplace violence protective order law to safeguard against particular forms of workplace harassment, too. The law takes effect on Jan. 1, 2025.

The existing statutes allow employers to seek restraining orders against people engaged in workplace violence or threats against workers. Per the laws, an employer may petition for a protective order to safeguard workers and their immediate family members. For example, say a disgruntled ex-worker sends an email threatening to harm an employee. In that case, the employer might petition the court to keep that person away from the following areas:

  • Place of work,
  • The worker's home and
  • Other locations

The employer would also petition the court to prohibit the person from talking to the worker. Should the person violate the order, the police can arrest them, and criminal charges might ensue.

The existing laws have provided one solution for employers to safeguard employees. However, it covers a narrow scope of conduct that primarily relates to a threat of violence or actual violence. Courts are generally less inclined to accord restraining orders if the conduct does not involve threats of violence or actual violence.

SB 428 amends the law to permit employers to request restraining orders against people who have harassed their workers.

Consider this example: A 65-year-old man becomes obsessed with a 22-year-old worker. He repeatedly comes to her workplace and sometimes calls her nonstop. He is threatening the lady with violence. He wants her attention and informs her he is in love. Until there are threats of violence, the lady and the workplace feel helpless to safeguard the lady. Eventually, the man's repeated rejections result in him threatening violence.

SB 428 supporters pointed out an employer should not have to wait for behavior to escalate to violence before requesting a court's intervention. SB 428 broadens the statute to include violence, a threat of violence, and harassment. It describes harassment as a willful and knowing behavior directed at an individual that severely annoys, alarms, or harasses them with no valid purpose.

The kind of behavior must be one that would cause a reasonable party great emotional distress. The action must lead to great emotional distress.

SB 428 has limitations. It does not allow judges to issue protective orders for the following:

  • Actions proceed under the National Labor Relations Act
  • Constitutionally protected actions
  • Acts otherwise protected under Sec. 527.3 or other provisions of the law

The Process of Obtaining a Workplace Violence Protective Order

An employer seeking a workplace violence protective order must appear in court to request it. The employer must petition the court and complete the required forms. Alternatively, their lawyer can fill out the forms for them.

The forms will require the employer to describe why they are requesting protection for their employee or employees. The employer must also describe the type of threats or violence the worker has experienced, accompanying their description with evidence. Once the employer has completed the forms, they will file them with the court clerk. They will not pay any fee.

The court will then review the form and render its decision on the same date the employer turns in their forms or by the following business day. Based on the facts and evidence, the court will decide whether to accord temporary protection by issuing a temporary restraining order (TRO). If granted, the TRO will remain effective for 21 days.

After the TRO’s validity expires, the court will hold a hearing to determine whether to issue a PRO (permanent restraining order). During this hearing, the judge will consider the evidence of the case from both parties.

Before this hearing, the court must issue a notice of court hearing to the respondent (restrained person) through a process server. Once the judge has issued the notice, the restrained person can challenge the order by attending the hearing.

At the hearing, the restrained individual can justify, excuse, deny, or explain the supposed threatening conduct. Should the evidence show the protected individual has reason to fear and needs a protective order, the judge will issue it. The order will then remain in place for up to three years.

When Is a Workplace Violence TRO Appropriate?

A TRO is a judge-issued order that immediately bars the restricted person. This is an ex-parte court order. Therefore, it usually does not necessitate the restrained person to appear in court. Nevertheless, to acquire a TRO under these circumstances, an employer must prove:

  • A likelihood of irreversible injury will ensue before the judge holds proceedings to decide whether or not to issue a PRO.
  • The employer or employee certified any of these under oath:
    1. For good cause, the court should excuse the employer from the general condition that the defendant be notified of the TRO request
    2. The defendant has been informed of the seeking of a TRO
    3. Somebody tries informing the defendant of the TRO application

If none of the above applies, the employer can seek a temporary restraining order after informing the defendant. Or, they can forego seeking the TRO altogether. Failing to obtain a temporary restraining order has zero bearing on the judge's resolution on the merits of the request for a protective order.

What To Do If an Employer Has Obtained a Workplace Violence Protective Order Against You

If an employer has requested a protective order against you, thoroughly read the papers the court served you.

  • If the court served you with Form WV-110, it means it issued a TRO against you. In that case, you must adhere to any conditions the judge ordered. If you do not, the police could arrest you, and you could face criminal charges.
  • The judge will give you a date to appear in court for the hearing. They will list that date on Form WV-109. If you disagree with the protective order, ensure you appear on the date. During the hearing, the judge will determine whether or not to issue a PRO against you.

The above steps will help you determine your legal options to prepare and respond. Respond means telling the court whether you disagree or agree to the filing of the protective order. You can undergo this process with no attorney. However, a protective order against you could have many consequences. You might want to retain an attorney. You do not need an attorney in this matter. However, if you need one, you must hire them.

Workplace Violence Restraining Order Violation

Under California PC 273.6, it is an offense if you are the restrained party and violate the issue protective order. The prosecution must show the following facts for the judge to convict you under this statute:

  • A court legally issues a workplace violence protective order
  • You knew the order existed
  • You had the present capability to adhere to the order
  • You willfully violated that order

In many cases, the law considers violating PC 273.6 a misdemeanor. A conviction is generally punishable by a county jail sentence of up to 12 months and up to 1,000 U.S. dollars in fines.

According to the law, you may not possess, own, or buy a gun for the time when the order remains in effect. The prosecution could charge you with an offense under PC 29825 if you violate these prohibitions.

Also, remember that if you commit another offense while violating a workplace violence protective order, the judge could convict you under 273.6 PC and the law governing the other offense.         

Workplace Violence Protective Order and Background Checks

A workplace violence restraining order will generally not appear on background checks. That is, if you have a restraining order against you, it will not show during background checks conducted against you. That is because restraining orders are civil matters and not criminal. That means the proceedings related to the orders occur in civil courts instead of criminal courts.

However, that said, some parties and companies perform in-depth checks. A protective order could reflect then if a company runs an intensive background check. Also, the court enters protective orders into a database that the police in California can access. So, any police officer can access the order and enforce it.

While the issuance of a protective order does not appear on background checks, a restraining order violation does. So, should you violate a workplace violence restraining order, the violation will show in background checks. Companies or individuals can see that you violated the order when they run background checks. This could affect your chances of securing employment.

Employer's Responsibilities When Workers Face Violence or Threats of Violence

An employer has a duty of care to provide a safe working environment. That means taking credible steps to stop foreseeable risks, including acts or threats of violence. When a worker informs an employer about facing threats of violence or actual violence, the employer must take the information seriously. Even though an employer's duties will vary based on the circumstances, some actions they should take are:

Ensure the Employee's Safety

An employer that a worker has told they are facing threats of violence at work must do everything possible to ensure the worker's protection. For example, they may:

  • Assign an escort to accompany the worker to and from their car
  • Relocate the worker's work area
  • Allow the worker to work from home briefly

Collect Information and Documents

Once an employer learns about recent violence or threats, they should act fast. They should collect all documents regarding the incidents and other pieces of evidence. This includes handwritten messages, threatening voicemails, and emails left for the worker. Most employers have installed surveillance cameras all over the workplace. They may successfully pull footage showing violence or threats. Also, an employer must ask the worker if they kept any evidence on their devices.

Consider the Effect on Work Responsibilities

Acquiring a workplace violence protective order will usually affect a worker's capability to do their job. If, for example, a receptionist faces threats of violence by a regular customer, they might have to transfer to another position. However, the transfer may be unnecessary if the employer seeks a workplace violence protective order to prevent the customer from entering the business. An employer must also consider the likelihood of a worker receiving threats of violence over the phone.

Seek a Workplace Violence Protective Order

The decision to apply for a workplace violence protective order rests only with the employer. However, most employers value their workers’ opinions on the subject. An employer should want to know how the employee feels about obtaining a restraining order. They should talk about the protections provided. If the employee faces immediate threats of violence, the employer should fill out Form WV-110. This is an official request for a TRO. A TRO becomes effective immediately and lasts until the judge can hold a proceeding to decide whether to grant the employer's request.

Plans to Prevent Workplace Violence

Effective Jul. 1, 2024, the law requires employers to have a workplace violence prevention plan. The employers should:

  • Maintain, implement, and establish an effective workplace violence prevention plan
  • Provide training to the workplace on the workplace violence prevention plan.
  • Record details in a violent occurrence log for every workplace-related violence incident.

Find an Experienced Workplace Violence Attorney Near Me

At Goldman Flores, we boast a devoted team of protective order lawyers with significant experience. We defend clients against whom the court has issued a restraining order, including workplace violence restraining orders. We also help employers obtain workplace violence restraining orders against violent parties to protect their employees. Regardless of the case, we strive to obtain the best possible outcome.

Our attorneys deeply understand the substantive and legal principles governing restraining order matters. Thus, we know what it takes to effectively navigate any case. If you seek to obtain a workplace violence restraining order to safeguard your employees and business or wish to defend against the issuance of one, we can help. Call us at 213-341-4087 for a free consultation and case evaluation. We serve clients faced with restraining order-related matters in Los Angeles, CA, and the surrounding areas.