Workplace Violence

Any employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court.  The employer initiates the action with the filing of a “Petition of Employer for injunction Prohibiting Violence of threats of Violence Against Employee and Application for Temporary Retraining order."  The initial order is in the form of temporary restraining orders and a scheduled hearing date as part of those orders.  At the hearing, the Court may grant a restraining order lasting up to three years.

 

The employer must file the petition with a Civil Legal Process Clerk in Room 103 of the Court House between the hours of 9:00 am - 3:00 pm Monday through Friday, except Court holidays.  The necessary forms may be download from the California Courts Online Self-Help Center.  In addition the Judicial Council provides instructions for lawsuits to prohibit workplace harassment, Judicial Council Form WV-150.  This instruction booklet describes court orders an employer can get and how to obtain them.  It also includes directions for a respondent who wants to oppose the employer's petition.  The instructions do not cover all of the problems and questions that may arise in a particular case.  If you are not clear on how to protect your rights, you should see an attorney.                               

 

The filing fees and the filing requirements are the same as for a Civil Harassment Restraining Order.