Know the Laws: Indiana
An order that an employer can get to prohibit unlawful violence or credible threats of violence against an employee.
back to topWhat is a Workplace Violence Restraining Order (WVRO)?
A workplace violence restraining order (WVRO) allows an employer to obtain court orders prohibiting unlawful violence or credible threats of violence against an employee. WVROs must be requested by the employer of a person who is the target of the violence.*1
An employer may seek protection under this law if:
• An employee has experience unlawful violence or a credible threat of violence from any person;
• The violence or credible threat of violence occurred at the workplace or can reasonably be construed to be carried out in the workplace;
• The defendant's conduct is not part of a labor dispute; AND
• The defendant is not engaged in constitutionally protected activity. *2
A workplace violence restraining order can protect an employee from the following patterns of conduct:
• Following or stalking an employee to or from the employee's place of work.
• Entering the employee's place of work.
• Following an employee during the employee's hours of employment.
• Making telephone calls to an employee during the employee's hours of employment.
• Sending correspondence to an employee by means such as public or private mail, interoffice mail, fax, or electronic mail. *3
There are two types of WVRO's: an ex parte or temporary restraining order (TRO) issued without a hearing that lasts a maximum of 15 days, and an injunction (an order issued after a hearing) that lasts up to 3 years. The employer can apply for the renewal of the WVRO no more than three (3) months before the expiration of the current injunction. *4
There are clear, easy-to-understand instructions on how to obtain a workplace violence restraining order online at www.in.gov/judiciary/forms/PO/wvro/wv-0100.doc. This instruction booklet explains what court orders an employer can get and how to get them. Other valuable information on WVRO's can be found online at www.in.gov/judiciary/forms/po.html.
If the workplace violence protective order is intentionally violated, they will be guilty of an invasion of privacy which is a Class A misdemeanor. It may be a Class D felony if the person has a prior unrelated conviction.*5
*1 IC § 34-26-6-6
*2 IC §§ 34-26-6-6; 34-26-6-2; 34-26-6-0.5; 34-26-6-15
*3 IC § 34-26-6-1
*4 IC §§ 34-26-6-8; 34-26-6-9
*5 IC § 35-46-1-15.1