WV-100-INFO How Do I Get an Order to Prohibit Workplace Violence? These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer. What is a workplace violence protective order? Under California law (Code Civ. Proc., § 527.8), courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. The court can order a person not to: · Harass or threaten the employee; · Contact or go near the employee; and · Have a gun. These orders will be enforced by law enforcement agencies. Who can an employer protect under this law? Under this statute, an employer can obtain a court order that lasts up to three years on behalf of an employee. The order can also protect certain family or household members of the employee and other employees at the employee's workplace or at other workplaces of the employer. California law defines "employees" as: · Every person, including aliens and minors, rendering actual service in any business for an employer, whether gratuitously or for wages or pay; whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation; and whether the service is rendered on a commission, concessionaire, or other basis. (Lab. Code, § 350(b).) · Members of boards of directors and public officers. · Volunteers or independent contractors who perform services for the employer at the employer's work site. The "respondent" is the person against whom the employer is requesting the protective order. An employer may seek protection under this law if: 1. An employee has suffered unlawful violence or a credible threat of violence from any individual; 2. The unlawful violence was carried out in the workplace, or the threat of violence can reasonably be construed to be carried out in the workplace; 3. The respondent's conduct is not allowable as part of a legitimate labor dispute as permitted by Code of Civil Procedure section 527.3; and 4. The respondent is not engaged in constitutionally protected activity. Who can get a workplace violence protective order? Employers can obtain court orders prohibiting unlawful violence or credible threats of violence against their employees. To get an order under this law, the petitioner must be an employer. An employer is defined as: · Every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether such person is the owner of the business or is operating on a concessionaire or other basis. (Lab. Code, § 350(a).) · A federal, state, or local public agency; a city, county, district, or public corporation. (Code Civ. Proc., § 527.8(b)(3).) Before completing the forms needed to obtain court orders under this statute, make certain you meet the definition of "employer" as defined above. The statute differs from other California laws that allow victims of unlawful violence or credible threats of violence to ask the court for these orders themselves. If anyone other than the employer wishes to apply to the court for an order prohibiting harassment, see Can a Civil Harassment Restraining Order Help Me (Form CH-100-INFO)?. What forms must be used to get the order? 1. Petition for Orders Workplace Violence Restraining Orders (Petition) (Form WV-100). This form tells the judge the facts of the petitioner's case and what orders the petitioner and employee want the court to make. 2. Confidential CLETS Information (Form CLETS-001). This form will provide law enforcement agencies with the information needed to enforce any orders that are granted. 3. Notice of Court Hearing (Form WV-109). This form tells the parties when the hearing on the petition will be held. WV-100-INFO, ww.courts.ca.gov How Do I Get an Order to Prohibit Workplace Violence? (Workplace Violence Prevention) American LegalNet, Inc. www.FormsWorkFlow.com WV-100-INFO How Do I Get an Order to Prohibit Workplace Violence? 3. Fill in Confidential CLETS Information (Form CLETS-001) with as much information as you know. If the judge grants the order, the information on this form will be entered into a statewide protective-order database that will be available to law enforcement agencies if the order needs to be enforced. 4. If you are applying for a TRO, fill out Form WV-110 completely. The petition and the declarations must give the details of the recent acts of violence or credible threats of violence and the problems they have caused your employee. To obtain a TRO, you must notify the respondent of the request for the temporary order unless both of the following requirements are satisfied: a. It appears from facts shown on the petition that great or irreparable injury will result before the matter can be heard on notice; and b. You or your attorney certifies one of the following to the court under oath: (1) That within a reasonable time before presenting the petition to the court to ask for a TRO, you informed the respondent or the respondent's attorney when and where the request for a TRO would be made; (2) That you in good faith attempted but were unable to inform the respondent and the respondent's attorney, specifying the efforts made to contact them; or (3) That for reasons specified, you should not be required to inform the respondent or the respondent's attorney. 5. Take your original completed forms and copies to the clerk's office at the court. You will need at least three copies: one for you, one for the employee, and one to serve on the respondent. If there are other persons to be protected by the order, you will need additional copies of the TRO. A protected person will need a copy of the TRO if it is necessary to call the police. The clerk will file the originals, assign a case number, and return the copies "file-stamped" to you. The clerk will write your hearing date on the Notice of Court Hearing (Form WV-109). 4. Temporary Restraining Order (TRO) (Form WV-110). A TRO can be issued to provide protection to the employee until the hearing is held. It can be issued by the judge either with or without notice to the respondent. 5. Workplace Violence Restraining Order After Hearing (Order) (Form WV-130). This is the form signed by the court following the hearing. The order can last for up to three years depending on what th