What is a Workplace Violence Restraining Order?
A Workplace Violence Restraining Order is a Restraining Order designed to protect a business and its employees from harassment, violence, and threats of violence that occurred at the workplace. The Respondent to a Workplace Violence Restraining Order may be a current or former employee, a customer, or any person who has frequent harassing or violent interactions with the business and its employees. A Workplace Violence Restraining Order cannot be used to prevent or retaliate against any conduct which is part of a legitimate labor dispute as defined in California Code of Civil Procedure §527.3.
A Request for Workplace Violence Restraining Orders can only be filed by an employer. The California Labor Code defines an employer as “Every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.” (CA Lab. Code § 350(a)) Additionally, an employer may also be defined as “a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein.” (CA Code of Civ. Proc. § 527.8(b)).
The only people an employer can protect with a Workplace Violence Restraining Order are employees. The California Labor Code defines employees as “every person, including minors and persons who are not citizens or nationals of the United States, rendering actual service in any business for an employer, whether gratuitously or for wages or pay,” this includes employees paid in measure of “time, piece, task, commission, or other method of calculation.” (CA Lab. Code §350(b)) This may also include board members, public officers, volunteers, and independent contractors.
What Should I do if My Employees are Being Harassed?
The California Code of Civil Procedure §527.8 allows for employers to file a Request from Workplace Violence Restraining Orders to protect one or more employees from the harassing or violence conduct of another person. This conduct MUST have occurred at the workplace. If you have an employee who is being harassed outside of work, encourage them to seek a Civil Harassment Restraining Order.
Once you have determined that you and your employees qualify for a Workplace Violence Restraining Order, you must complete the appropriate paperwork and file it with the court. To complete the Request for Workplace Violence Restraining Orders you will need to write a statement and compile evidence that will be submitted to the court alongside your request.
After you file your Request for Workplace Violence Restraining Orders, it will be reviewed by a judge who will make a determination on whether to issue a Temporary Restraining Order. This will happen the same day you file. Even if the judge does not issue a Temporary Restraining Order you will still be given a date for a future hearing at which you will have a chance to convince a judge that your employees need a “permanent” Workplace Violence Restraining Order.
Filing a Request for Workplace Violence Restraining Orders and waiting for a ruling on the Temporary Restraining Order can be an all-day process. You may be required to wait at the courthouse until the judge makes a determination on the Temporary Restraining Order. Additionally, you should be prepared to spend all day at the courthouse on the day of your hearing.
If you cannot make it to court on the date you are assigned, you may ask for a continuance to move the date. However, as Petitioner, the court must find that you have “good cause” for the continuance in order to grant it. Meaning, the court will need to determine if your circumstances are significant enough to necessitate a continuance.
Once you have received a ruling on the Temporary Restraining Order and received a court date you will need to have the Respondent personally served with the Temporary Restraining Order, the Notice of Hearing, and your Request for Workplace Violence Restraining Orders. This must be done by someone over the age of 18 who is not a party to the case. Many Restraining Order Cases qualify for free personal service through the San Diego Sherriff’s Department.
At the court hearing, you will have a chance to testify and present evidence to the court to prove to the judge why your employees need a permanent Workplace Violence Restraining Order. The standard of proof you must meet in order for the court to issue a Restraining Order is called “clear and convincing,” which is a relatively high standard. The court hearing will also be the Respondent’s chance to give their testimony and convince the court that a Restraining Order does not need to be issued. However, as Petitioner, it is on you to meet the burden of proof. If the judge grants your request a Workplace Violence Restraining Order will be issued against Respondent for a period up to five years. The duration of the order is made at the discretion of the court.
What Should I do If I was Served with a Workplace Violence Restraining Order?
If you were served with a Petition for a Workplace Violence Restraining Order, and the Temporary Restraining Order was granted, you must immediately surrender, sell, or store any and all firearms, firearm parts, and ammunition in your possession to a law enforcement agency or licensed gun dealer. After you have surrendered, sold, or stored your firearms, firearm parts, and ammunition, you must complete file a “Receipt for Firearms and Firearm Parts” with the court. You must abide by all aspects of the Temporary Restraining Order until the hearing.
You have a choice to submit a written Response to Request for Workplace Violence Restraining Orders. While not required, preparing and filing a response prior to the court hearing can give the judge a better understanding of the facts and circumstances surrounding the case. If you chose to complete a Response to Request for Workplace Violence Restraining Orders you will need to write a statement and attach and relevant evidence.
You must serve the Petitioner with everything you file. This can be done by mail or personal service. Service must be completed by a person who is over the age of 18 who is not a party to the case. You may not violate the terms of the Temporary Restraining Order to serve someone.
If you cannot attend court on the date of the scheduled hearing, or would like more time to prepare, you have a statutory right to a first-time continuance as the Respondent. If you need any further continuances, you must prove to the court you have “good cause” to need one.
At the hearing you and the Petitioner will get the chance to testify and present evidence to the judge. After the hearing the judge will determine if a Workplace Violence Restraining Order is necessary. If a Workplace Violence Restraining Order is issued against you, it will last for a period up to five years which is determined by the judge.
Do I Need an Attorney?
Attorneys are never required in civil court. However, the court system is complex and can be intimidating. An attorney can help you navigate the court system with ease. Attorney Timothy F. Riley has nearly 30 years of experience and can use that knowledge to make your experience seamless and easy. Contact us today and let us help you.