Restraining Orders

For the purpose of getting a workplace violence restraining order, “workplace violence” can be defined as either “unlawful violence” or a “credible threat of violence.”

“Unlawful violence” is assault, battery, or stalking.¹ Importantly, the unlawful violence must have taken place at the workplace,² which includes following an employee to or from work or during work hours.³

A “credible threat of violence” is a statement or repeated acts (“course of conduct”) that:

• would reasonably cause a person to fear for his/her safety or the safety of an immediate family member; and
• serves no legitimate purpose.⁴

It must be reasonably understood (construed) that the credible threat of violence could be carried out at the workplace² whether that happens in person, over the phone, by mail, or online.³

¹ Cal.C.C.P. § 527.8(a), (b)(7)
² Cal.C.C.P. § 527.8(a)
³ Cal.C.C.P. § 527.8(b)(1); see also California Courts website
⁴ Cal.C.C.P. § 527.8(a), (b)(1), (b)(2)

A workplace violence restraining order can protect:

• the victim of workplace violence;
• other employees who work at the victim’s workplace or another workplace location within the same business;¹
• the victim’s family or household members; and
• possibly spouses of the employees.²

“Employees” doesn’t just mean full-time paid workers. It can include volunteers, part-time workers, independent contractors, and board members.³

¹ Cal.C.C.P. § 527.8(a)
² Cal.C.C.P. § 527.8(d); see also California Courts website
³ Cal.C.C.P. § 527.8(b)(3)

In both a temporary ex parte order¹ and a final order, the judge can order the respondent to:

1. stay away from the victim and specific family/household members;
2. stay away from the victim’s workplace, home, school, car, and his/her children’s school or daycare;²
3. not contact the victim directly or indirectly, including by phone, mail, e-mail, texts, or other communication;
4. not violate the law called “Telephone calls or contact by electronic communication device with intent to annoy;”
5. not commit the following acts against the victim:

• harass, intimidate, bother (molest), threaten, stalk;
• physically abuse;
• sexually assault; and
• destroy personal property or disturb his/her peace; and

6. do anything else that the judge believes is necessary to keep the victim safe.³

The judge has the option of applying the above protections to the victim’s family or household members and other employees at the victim’s workplace(s) if the employer proves that there is a good reason (“good cause”) to do so.⁴

Note: It is illegal under California law for the respondent to have a firearm while this order is in effect.⁵ For more information, see What happens if the respondent has a gun after the order is issued?

¹ Cal.C.C.P. § 527.8(e)
² See Petition for Workplace Violence Restraining Orders
³ Cal.C.C.P. § 527.8(b)(6)
⁴ Cal.C.C.P. § 527.8(d)
⁵ Cal.C.C.P. § 527.8(s)(1)