What is a Workplace Violence Restraining Order

If you have been involved in a workplace dispute in San Diego, it’s possible you may end up with a workplace violence restraining order against you, which can have serious personal and professional consequences for the years in which the order is in effect. If you have been served with court orders to stop workplace violence in San Diego, your first course of action should be to hire an attorney to represent your case. Our attorneys at San Diego Domestic Violence Attorney, have experience defending individuals falsely accused of workplace violence, domestic violence and other types of alleged abuse that carry harsh penalties in the California court system, and we can help you protect your legal rights. Call San Diego Domestic Violence Attorney, today at (619) 430-2355 for a free consultation.

Workplace Violence Restraining Orders in CA

Under California Code of Civil Procedure § 527.8, any employer whose employee has suffered unlawful violence or a credible threat of violence in the workplace may seek an order prohibiting such harassment against the employee. This type of protective order can prohibit the “respondent,” or the person against whom the employer is requesting the protective order, from:

• Threatening or harassing the employee, any member of the employee’s household, or other employees;
• Contacting or going anywhere near the employee, his or her children, other household members, or other employees, no matter where they go; and
• Owning or possessing a gun.

Workplace violence restraining order laws in San Diego allow an employer to obtain a court order to protect an employee from harassment at work for up to three years, and can also seek protection for certain family or household members of the employee, as well as other employees at the protected employee’s workplace(s). Under California law, workplace violence protective orders can only be obtained by an employer on behalf of an employee. Anyone else who wishes to apply to the court for an order to prevent unlawful violence or threats of violence against themselves or another person would need to file a civil harassment restraining order, a domestic violence restraining order, or an elder or dependent adult abuse restraining order.

How Workplace Violence Restraining Orders Work

Restraining orders are legal orders issued by the court to protect a person or persons in situations involving violence, harassment, stalking or assault. According to California Code of Civil Procedure § 527.8, an employer may request a workplace violence restraining order on behalf of any employee who needs protection under the following circumstances:

• The employee has suffered unlawful violence (like battery, assault or stalking) or a credible threat of violence;
• The unlawful violence occurred in the workplace, or the threat of violence could reasonably be construed to be carried out in the workplace;
• The respondent’s conduct is not allowable as part of a legitimate labor dispute; and
• The respondent is not engaged in activity protected by the Constitution.

According to the law, a “credible threat of violence” is when a person intentionally says something or acts in such a way that a reasonable person would fear for his or her safety or the safety of his or her family. This may include stalking someone, making harassing phone calls, or sending harassing messages via mail, text message or email, over a period of time.

Once an employer requests a workplace violence restraining order, a hearing will be held to determine whether grounds exist to grant the petition for protection on behalf of the employee. If the judge grants the order, the information provided to the court will be entered into a statewide protective-order database, which will be available to law enforcement agencies throughout the state of California. If the employee requires protection during the time before the hearing on the petition is held, the court can issue a temporary restraining order against the respondent.

What to Do if You Have a Restraining Order Filed Against You

In order to obtain a workplace violence restraining order in San Diego, the employer petitioning the court must provide evidence of violence you either committed or threatened to commit against an employee at work, which may or may not be true. A workplace violence restraining order will effectively prohibit you from contacting the protected employee or going anywhere near his or her home, workplace, school, vehicle, children, or other family or household members, which could significantly affect your personal freedoms. It would also prohibit you from possessing, owning, purchasing, receiving, or attempting to purchase or receive any firearm or ammunition while the protective order is in effect, which could be for up to three years. If you do have any firearms in your possession at the time the order goes into effect, you will be ordered to turn them in to law enforcement, or sell them to a licensed gun dealer.

If you violate the terms of the protective order, you can be arrested and charged with a crime, a misdemeanor offense that under California Penal Code § 273.6, is punishable by up to one year in a county jail, a maximum fine of $1,000, or both. One of the most important things to consider about a workplace violence restraining order, is that it doesn’t affect the actions of the protected person, only your actions as the respondent. That means if there is a no-contact order in effect, you must avoid all contact with the protected person, even if he or she contacts you or invites you to contact him or her. Even contact with consent would be considered a violation of the restraining order under these circumstances, and you would be the one facing the legal consequences, not the protected person.

Hiring an Attorney to Protect Your Legal Rights

Hiring an attorney with experience handling workplace violence restraining orders is always a good idea when you are facing a protective order that could significantly impact your freedoms and liberties for years to come. In addition to restricting your movements and actions, having a restraining order on your record can impact your child custody or visitation rights, and may cause you to miss out on certain employment or residential opportunities. It is imperative that you understand the court orders so that you know how to follow them, as violating a restraining order carries harsh penalties, and our attorneys at San Diego Domestic Violence Attorney, can help explain the complex terms of the restraining order against you.

It’s also a good idea to have an attorney accompany you to court for the hearing on the petition for the restraining order, to ensure that your side of the story is heard and that your legal rights are protected. At the hearing is when the judge will decide whether or not to grant the restraining order against you, and this is the best opportunity you’ll have to tell the judge why you disagree with the orders requested. If you’ve already had a workplace violence restraining order filed against you, and you unintentionally violated the terms of the order, our lawyers can help you build a strong defense against any criminal charges brought against you in court.

Call San Diego Domestic Violence Attorney for a Free Consultation in San Diego

The long-term consequences of having a workplace violence restraining order against you can be severe, effectively prohibiting you from owning a gun or ammunition, contacting certain people, going certain places or doing certain things, and possibly even affecting your immigration status, if you are trying to get legal papers. If you want to fight a petition for a workplace violence restraining order in San Diego, or if you have violated the terms of a restraining order, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, today to discuss your legal options.