Restraining Orders

There are two types of orders, a temporary ex parte order and a final order issued after a hearing.¹ A temporary ex parte order can be issued if:

• the petition shows “reasonable proof” that the employee has suffered workplace violence; and
• serious or permanent harm could result to the employee.²

A temporary ex parte order is issued without prior notice to the abuser and without the abuser being present in court. It lasts for up to 25 days, until the hearing for the final order.³

Before the hearing, the respondent can file a response that explains, excuses, justifies, or denies the alleged workplace violence.⁴ At the hearing, both sides will have a chance to present testimony and evidence. Then, if the judge believes that the respondent committed workplace violence, s/he will issue a final order that lasts up to three years.⁵

¹ Cal.C.C.P. § 527.8(b)(6)
² Cal.C.C.P. § 527.8(e)
³ Cal.C.C.P. § 527.8(g), (h)
⁴ Cal.C.C.P. § 527.8(i)
⁵ Cal.C.C.P. § 527.8(j), (k)(1)