Workplace violence restraining order

A workplace violence restraining order protects employees from threats, harassment, or violence at work. In many states, the employer (not just the individual) can petition for the order on behalf of an employee.

12 steps across 2 sections

1. Steps Process

  • Report the threat/violence to your employer and HR immediately.
  • File a police report if a crime occurred.
  • The employer files the petition — In states like California, the employer can petition on behalf of the employee.
  • Temporary order issued by the court (often same-day).
  • Hearing within 21 days for a permanent order (typically 3 years).
  • Enforcement — Violation is a criminal offense.

2. Key Details

  • Available in most states (laws vary by jurisdiction)
  • Employer can petition on behalf of employee in many states
  • Does not require a personal relationship with the harasser
  • Covers the workplace, parking areas, and surrounding areas
  • Can include stay-away orders for the employee's home as well
  • Violation is typically a misdemeanor

Pro Tips

  • Report to HR and police simultaneously
  • Document all threats with dates, times, and witnesses
  • If in immediate danger, call 911
  • Check if your state allows employer-filed workplace violence orders

Sources

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