Under state law, employers can ask the courts to implement Oakland workplace violence restraining orders to protect their employees. These orders can have substantial repercussions for the subjects of these orders. Working with legal counsel may be the only effective way to contest these orders and prevent their adverse impact on your life.
Once these orders are in place, any violation of them can result in criminal charges. You may end up with a permanent criminal conviction on your record that will appear in background checks. An experienced lawyer may be able to defend you against these potential outcomes.
Under the California Code of Civil Procedure § 527.8, employers may file for a workplace violence restraining order to protect their employees if unlawful violence or a credible threat of violence from any individual is carried out at the workplace. Unlawful violence consists of assault, battery, or stalking. In contrast, a credible threat of violence is an intentional statement or course of conduct that serves no legitimate purpose and would reasonably cause people to fear for their safety or the safety of their immediate family members. A course of conduct consists of a pattern of actions over time that indicates a continuity of purpose.
Employers can seek temporary workplace violence restraining orders in Oakland on behalf of a specific employee or multiple employees, even if they work at a different location. The court can issue these temporary orders ex parte, meaning without notice to the subject of the restraining order, or following notice and hearing to the other parties.
Workplace violence restraining orders cannot address actions that are part of a legitimate labor dispute or that are constitutionally protected activities. However, these restraining orders can include the following provisions:
Judges can also include specific provisions in these restraining orders that address behaviors that individuals might take to carry out one or more of the prohibited actions. These temporary restraining orders typically remain in place for no more than 21 days, or up to 25 days if the judge extends the time for the hearing. After a hearing is held, the restraining order can remain in place for a maximum of three years.
Individuals accused of workplace violence may become subject to these restraining orders without notice and before a hearing is held. Therefore, a judge may issue restraining orders for workplace violence in Oakland based on the allegations of employers without hearing from the accused persons. The imposition of this type of order can cause persons to lose various rights, such as the right to possess firearms and to be at certain locations.
Being subject to a restraining order may also make it difficult to maintain certain jobs and careers, and could impact custody and visitation arrangements for minor children, depending on the circumstances. As a result, people who are subject to restraining orders need to be wholly aware of the restrictions that the orders may place on them and the penalties if they violate them.
Individuals who violate workplace violence restraining orders are subject to arrest and criminal charges. Violating a restraining order is a misdemeanor offense that can result in a jail sentence of up to one year and a fine of up to $1,000. If the violation results in physical injuries, then the potential penalties may increase to a minimum 30-day jail sentence and a $2,000 fine.
When you are facing a restraining order that can significantly impact your job, movement, and freedom, you may wish to get legal advice right away. Oakland workplace violence restraining orders can have severe consequences that can leave you with a criminal record and adversely affect your job and financial situation. By obtaining a dedicated attorney when you need it most, you may be in a better position to fight back against the order. Call today to learn more.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
