What Happens If You’re Served a Workplace Violence Restraining Order in California?

When workplace conflicts escalate to threats or violence, California employers have a powerful legal tool at their disposal: workplace violence restraining orders. These court orders are designed to protect employees from potential harm, but if you’re the subject of such an order, the consequences can be far-reaching and severe.

What is a Workplace Violence Restraining Order?

A workplace violence restraining order (WVRO) is a legal directive issued by a court that prohibits an individual from engaging in certain behaviors toward employees of a particular workplace. Unlike personal restraining orders, these are requested by employers on behalf of their employees, not by the employees themselves.

Under California Code of Civil Procedure § 527.8, employers can seek these protective orders when there’s a credible threat of violence against their workforce. But what constitutes a “credible threat,” and what happens if you’re served with one of these orders?

Legal Basis for Workplace Violence Restraining Orders

California law provides specific grounds for employers to request these protective measures. An employer may seek a WVRO when:

• An employee has suffered unlawful violence (such as assault or battery)
• An employee has received a credible threat of violence
• The potential violence would likely be carried out in the workplace

A “credible threat of violence” under the law refers to a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety and serves no legitimate purpose. This broad definition gives employers significant latitude in seeking protection for their workers.

The Process of Obtaining a Workplace Violence Restraining Order

The process typically follows these steps:

1. Application by the Employer

The employer files paperwork with the court requesting protection for one or more employees. Importantly, an employer can seek protection for multiple employees at various locations with a single filing.

2. Temporary Restraining Order

A judge reviews the application and may issue a temporary restraining order (TRO) immediately if the situation appears urgent. This temporary order can be granted ex parte – meaning without notifying you first or giving you a chance to respond.

3. Notice and Hearing

If a TRO is issued, you’ll be served with paperwork notifying you of both the temporary order and a scheduled court hearing date. This hearing typically occurs within 21 days.

4. Court Hearing

At the hearing, both sides present their case. The employer must prove by “clear and convincing evidence” that:

• Unlawful violence has occurred, or
• A credible threat of violence exists, and
• Great or irreparable harm would result without the order

5. Permanent Order

If the judge rules in the employer’s favor, a “permanent” restraining order may be issued, lasting up to three years. These orders can later be renewed if necessary.

What Restrictions Can Be Included?

Workplace violence restraining orders typically prohibit various behaviors, which may include:

• Harassing, threatening, or intimidating protected employees
• Contacting protected employees (by phone, email, text, social media, etc.)
• Coming within a specified distance of protected employees
• Coming near the workplace, employees’ homes, or vehicles
• Possessing firearms or ammunition

The specific prohibitions will be detailed in the order, and they can vary significantly depending on the circumstances.

Serious Consequences of Violating a Workplace Restraining Order

Failing to comply with any aspect of a workplace violence restraining order can result in serious legal consequences:

Criminal Charges

Violation of a WVRO is a criminal offense under California Penal Code § 273.6. A first offense is typically charged as a misdemeanor punishable by:

• Up to one year in county jail
• A fine of up to $1,000
• Probation with various conditions

If the violation results in physical injury, the penalties become more severe, potentially including:

• Mandatory minimum jail time
• Higher fines
• Longer probation periods

Repeat violations can be charged as felonies, especially if they involve violence.

Impact on Your Record

A conviction for violating a restraining order creates a permanent criminal record that can affect:

• Employment opportunities
• Housing applications
• Professional licensing
• Immigration status

Other Collateral Consequences

Beyond the direct legal penalties, a workplace violence restraining order can impact your life in numerous ways:

Firearm Restrictions

While a temporary WVRO is in effect, you may be prohibited from owning, possessing, or purchasing firearms or ammunition. If a permanent order is issued, you must surrender any firearms you own.

Employment Difficulties

Having a workplace restraining order against you can make finding new employment challenging, particularly in the same industry or geographic area.

Reputation Damage

Court records are generally public, meaning the restraining order may be discoverable by anyone conducting a background check.

Child Custody Implications

In family court matters, the existence of a restraining order may influence custody or visitation determinations.

Defending Against a Workplace Violence Restraining Order

If you’ve been served with papers for a workplace violence restraining order, you have options:

Legal Representation Is Critical

The most important step is to consult with an attorney experienced in restraining order defense immediately. The timeline for responding is short, and the hearing will proceed whether you appear or not.

Potential Defenses

Depending on your situation, several defenses may be available:

• Lack of credible threat: Demonstrating that your actions or statements didn’t constitute a credible threat of violence
• Insufficient evidence: Challenging the employer’s evidence as inadequate to meet the “clear and convincing” standard
• First Amendment protection: Arguing that your speech was constitutionally protected expression
• Mistaken identity: Proving you weren’t the person who engaged in the alleged behavior
• Legitimate purpose: Showing your conduct served a legitimate purpose and wasn’t intended to threaten or harm

Settlement Options

In some cases, negotiating an agreement with the employer might be possible. This could involve:

• A mutual stay-away agreement
• Voluntary resignation with a neutral reference
• Modified restrictions that allow you to maintain employment in your field

How to Handle a Workplace Violence Restraining Order

If you’re facing a workplace violence restraining order, these steps are crucial:

Immediate Actions

1. Read the order carefully – Understand exactly what you’re prohibited from doing
2. Comply with all restrictions – Even if you believe the order is unfair
3. Gather evidence – Collect communications, witness statements, and any other evidence that supports your position
4. Contact an attorney – Seek legal counsel with experience in restraining order defense

Long-term Considerations

1. Document all interactions related to the case
2. Consider counseling or anger management programs if appropriate
3. Maintain professional boundaries in future workplace situations
4. Consult with an attorney about expungement options after the order expires

When to Hire a Restraining Order Lawyer

If you’ve been served with a workplace violence restraining order, time is of the essence. The timeline between receiving notice and your court hearing is short, typically just days or weeks. This leaves little time to prepare a defense.

Professional legal representation can:

• Help you understand the specific allegations and restrictions
• Gather and present evidence effectively
• Represent you professionally in court
• Negotiate alternatives when possible
• Minimize the long-term impact on your life and career

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we understand the serious implications of workplace violence restraining orders. Our experienced attorneys can:

• Review your case and explain your legal options
• Develop a strategic defense based on the specific circumstances
• Represent you at hearings and negotiations
• Work to minimize the impact on your personal and professional life

Workplace violence restraining orders can dramatically affect your future. Don’t face these complex legal proceedings alone. Contact us today for a confidential consultation to discuss your situation and explore your options for defense.

Remember, being served with papers doesn’t automatically mean a permanent order will be issued. With proper legal representation, you may be able to contest the order successfully or negotiate more manageable terms that protect your rights and future.