You are eligible to request a workplace violence restraining order if:
- You are an employer; and
- You ask for a restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace.
- An employee cannot request a workplace violence restraining order. Employees can file requests for a civil harassment restraining order (domestic violence restraining orders).
This page only explains how to file a workplace violence restraining order in California. We also provide information on how to defend a restraining order file a civil harassment restraining order, a domestic violence restraining order and an elder abuse restraining order.
Fill Out the Forms
You need to fill out, sign, and file the following documents:
- Form WV-100 → this form provides the judge with the details of your particular circumstances, and what you are asking the court to do.
- Form CLETS-001 → this form provides law enforcement with information about the person to be restrained.
- Items 1, 2 and 3 on Form WV-109 → this form will tell both you and the party you are seeking to restrain when to come to court for the hearing.
- Form WV-110 → this form requests that a temporary restraining order is granted until the hearing date.
- Form MC-031 → this form is used for any statements of witnesses that will support your side of the story.
File the Documents
File the documents with the court. You will receive a hearing date and the judge will review Form WV-110 and sign it if a temporary restraining order is granted. The judge may also make changes to the parameters of the temporary restraining order.
Serve the Documents
Have the person from whom protection is sought personally served. The person being served must be given a copy of the documents you filed and BLANK copies of:
- Form WV-120.
- Form WV-250 → the person you are seeking to restrain must be served by the deadline the judge writes on documents (item 6; pg 2 Form WV-109).
- You then must file Form WV-200 with the court.
Response & Hearing
The person who you are seeking to restrain may file a response. At the hearing, if the restraining order is granted, file and serve Form WV-130 after it is signed by the judge.
Who is an Employee and Employer?
When a judge is considering who, for the purposes of a workplace violence restraining order request, is an employer and who is an employee, he or she considers the following rules:
An employer is any person who is engaged in any by or in a business or enterprise in California 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 the person is the owner of the business or is operating on a concessionaire or other basis.” An employer is also a state agency or the state of California itself, any municipality, or, “district, and a private, public, or quasi-public corporation, or any public agency thereof or therein.”
“An ‘[e]mployee’ also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers.. an ’employee’ also includes a volunteer or independent contractor who performs services for the employer at the employer’s work site.”
An employee also includes 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.”
These classifications of employer and employee determine who can file a workplace violence restraining order and who that restraining order request can attempt to protect.
How to Fight a Workplace Violence Restraining Order
If someone is trying to obtain a Workplace Violence Restraining Order against you, they need to serve you with the following forms:
- Form WV-100 – this form has all the details of the restraining order and what is being alleged against you. Read this form carefully because it tells you what you are and are not allowed to do.
- Form WV-109 – this form tells you the date, time, and place of the court hearing.
- A blank copy of Form WV-120.
You need to read the forms that the other party filed with the court and served on you to find out exactly what they are alleging. Then fill out the Form WV-120 with your response. You need to respond with provable facts that dispute what is being alleged against you. Then file the form with the court and mail it to the other party.
Attach any documents that help with your case to the hearing. If there are any witnesses, get their statements in writing or bring them to court with you. If you have any photographs, a police report or any other evidence, make sure to attach them to your response and to bring it to the hearing. At the hearing, the judge will decide whether or not the restraining order should be granted against you.