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EspañolWhat is the definition of “workplace violence”?
“Workplace violence” is when:
1. an abuser purposefully causes or threatens to cause physical injury or significant damage to the property of:
- an employer; or
- an employee while the employee is performing work-related duties; and
2. the abuser’s act or threat would make a reasonable person feel terrorized, frightened, intimidated, or harassed.1
Note: For a threat of workplace violence, it must be the kind of threat that would make a reasonable person fear it will be carried out.2
1 UT ST § 78B-7-1101(5)
2 UT ST § 78B-7-1101(5)(b)(ii)(A
Who can file for a workplace violence protective order?
An employer can file for a workplace violence protective order if s/he reasonably believes that either s/he or an employee was the victim of workplace violence.1
If the employer files because of violence against an employee, s/he must make a good faith effort to tell that employee about the request for the workplace violence protective order.2
1 UT ST § 78B-7-1102(1)
2 UT ST § 78B-7-1102(2)
What types of workplace violence protective orders are there? How long do they last?
There are two types of workplace violence protective orders, an ex parte temporary order and a final order.
The ex parte order is issued without the abuser being notified beforehand or present in court. It lasts up to 21 days.1 The judge will also schedule a hearing for a final order during that time period. An ex parte order can only be extended beyond 21 days if:
- either party missed the hearing and filed an affidavit showing that there was a good reason why (“good cause”);
- the abuser was not served before the hearing; or
- there are other urgent (“exigent”) circumstances.2
If a final order is issued after a hearing, it would last up to 18 months. It is also possible to extend the order for another 18 months.3 See Can a workplace violence protective order be extended? for more information.
Note: If the judge denies your request for an ex parte order, you have five days to request a hearing. The abuser would be served with notice of the hearing and can attend the hearing to object to the order. You would present testimony or evidence at the hearing to try to convince the judge to give you an order.4 To request the hearing, you’d file a form called Request for Hearing on Workplace Violence Protective Order.
1 UT ST §§ 78B-7-1103(1); 78B-7-1104(1)(a)
2 UT ST § 78B-7-1104(1)(c)
3 UT ST § 78B-7-1103(1)(e)
4 UT ST § 78B-7-1104(2)(a)
What protections can I get in a workplace violence protective order?
In an ex parte or final workplace violence protective order, the judge can order the following:
- The abuser must not commit workplace violence;
- The abuser must not threaten the employer or his/her employee while the employee is performing work-related duties; and
- The abuser must stay away from the specific workplace location where the abuser committed the workplace violence described in the petition.1
1 UT ST § 78B-7-1103(2)(a), (2)(c)
