Monday, September 22, 2014

Workplace Violence

What is a Workplace Violence Restraining Order?

Any business owner whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. The business owner must file the petition. If a hearing is scheduled, the court may issue an order lasting up to three (3) years. An employee may not seek a Workplace Restraining Order on his or her own behalf. For other restraining order options available to individuals, see the Guide to Civil Restraining Orders.

The employer asking for this order, on behalf of his or her employee against the other person, may file a petition at the William R. Ridgeway Family Relations Courthouse, Room 100. The Judicial Council provides How Do I Get an Order to Prohibit Workplace Violence?(WV-100-INFO). This informational sheet describes court orders an employer can get and how to obtain them. The instructions do not cover all of the problems and questions that may arise in a particular case. If you are not clear on how to protect your rights, you should consult an attorney.

Workplace Violence Restraining Order Forms

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Filing Fee

You will be required to pay a filing fee when you file your forms with the court. If the Petition contains a credible threat of violence, the judge may decide to waive the fee. If this occurs, the filing fee will be refunded to you.

Where do I file the forms?

Present completed forms to the Family Law Filing department of the William R. Ridgeway Family Relations Courthouse. The clerk will conduct a mini-interview with you to clarify your request and to ensure that you filled out the forms correctly.

When will I get my order?

If the forms are filed before 2:00 p.m. you will receive your order at 3:45 p.m. the same day. If the forms are filed after 2:00 p.m., then they will be ready for pickup after 3:45 p.m. the next business day. You must go to Window 3 in Room 102 at 3:45 p.m. to receive the judge's decision on your application for a restraining order. If your request is granted, a hearing will be set for you and the other party. It is the responsibility of the petitioner to have the respondent personally served. Proof of service for the respondent must be filed with the court prior to or at the time of the Workplace Violence Restraining Order hearing.

How do I get the other party served?

If the party being served lives or works in Sacramento County, the Sheriff can serve the document. There is a Sheriff's Civil Division Office in Room 313 of the William R. Ridgeway Family Relations Courthouse that is open from 8:30 a.m. to 3:00 p.m., Monday through Friday. They can assist you in getting the other person served. If the person to be served lives and works outside of Sacramento County, contact the sheriff of that county for help.

If you prefer serving the restrained person on your own, ask someone you know to serve (give) a copy of the order to the restrained person. The server must be over 18 and not be one of the parties protected by this order.

What if I can't get the restraining order served in time for the hearing or I need a continuance?

You can ask the court to "continue" the hearing to another date. There are two ways you can continue your court date on your case. If you have been unable to serve the defendant, you will need to obtain a Request to Continue Court Hearing and to Reissue Temporary Restraining Order (WV-115) and a Notice of Hearing Date and Order on Reissuance (WV-116). The Reissue Temporary Order form must be completed and filed along with a copy of your prior Petition for Injunction Prohibiting Harassment and Application for Civil Harassment Restraining Order, prior to 2:00 p.m. on the day before your scheduled hearing.

You may also orally request a continuance in court during your hearing. If your request for continuance is granted, the Judge will sign an Order for Reissuance and set a new hearing ate. Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.