One should never have to enter where they work and fear for their safety. A workplace environment must be safe for all those present. Unfortunately, there are instances of violence or abuse occurring at work, which requires legal attention outside of regular Human Resources departments. In the state of California, employees can receive restraining orders specifically meant to protect them while at the workplace.
What is the Restraining Order Protecting Against?
Firstly, a restraining order is a court order issued by a judge and is used by the recipient to enhance their protection. For the case of workplace violence, a restraining order must be requested by an employer in order to ensure the safety of an employee. The restraining order can prohibit the restrained individual from contacting or communicating with the employee in question. Furthermore, the restrained can also be prohibited from carrying a gun or threatening (in any way) the employee.
How Can the Employer Request a Restraining Order?
Unlike other restraining orders, it is not the victim (the employee) who requests a restraining order from the court. Instead, the victim’s employer must do so. The employer must provide evidence for several elements, some of which include proof of threat of violence occurring at the workplace. When the employer requests the restraining order, a temporary one can be ordered by a judge up until a hearing determines whether a permanent one should be granted. The court date is when the judge will decide the best legal outcome. Filling out the paperwork and going to court can be a stressful and complex process, which is why it is recommended to seek the counsel of experienced lawyers. A lawyer can help you understand your rights and how to navigate the court system.