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EspañolRO when victim and abuser work together
You asked about protection orders in the workplace when both the victim and abuser are employees. In general, there may not be any specific laws that apply to the specific situation where a victim and abuser work in the same place. I can speak generally about how it may be handled when a victim and abuser share a workplace, but because I am not an expert in your state’s law, I cannot say for sure how this situation would be handled.
Sometimes, how the parties (the victim and abuser) navigate the workplace generally depends on the terms of the order, which will either be negotiated by the parties or ordered by a judge. In general, when a victim and abuser share a workplace, it may be unlikely for a judge to order that an abuser stay away from his/her own workplace entirely. Instead, a judge may order that an abuser is not allowed to work at the same time as a victim or on days the victim is scheduled to work. Or, if that isn’t possible, sometimes a judge may order that while they are at work, if necessary, an abuser must stay a certain distance from the victim. Depending on the workplace, some judges may order that abusers cannot be in certain locations (like dining areas, break rooms, etc.) if the victim is there.
Also, I wanted to mention that it is generally not required that a victim comply with an order, but rather the abuser is in charge of complying with the order. This means that if there are provisions in the order preventing an abuser from coming within 5 feet of the victim at the workplace, for example, then generally the abuser is the one who has to make sure that distance is maintained. If there is a provision saying that the abuser cannot be in a break room at the same time as a victim, then generally the abuser must leave the break room, even if the abuser was there first.
We have general information on our website about restraining orders in your state, in case it is helpful. If you want advice on a specific situation, it may be helpful to speak to a lawyer. We have information on lawyers in your state on our website.
