What is an injunction against workplace violence? Who can file for one?
To get an injunction against workplace violence, your employer must show a judge that one of the following has happened:
- An employee/invitee was the victim at any location of:
- a terroristic act, rape, battery, domestic battering, assault on a family or household member; or a "crime of violence," which includes murder; manslaughter; kidnapping; mayhem; assault to do great bodily harm; robbery; burglary; housebreaking; breaking and entering; and larceny;2
- An employee/invitee received one of the following threats of violence at any location and it can reasonably be interpreted as a threat that may be carried out at the work site:
- terroristic threatening; threatening a catastrophe; threatening an assault; or threatening domestic battering;3 or
- An employee/invitee has been stalked or harassed at the workplace, which includes any of the following crimes committed against the employee/invitee at a work site:
- loitering; criminal trespass; harassment; stalking.1
Note: Your employer may file for an injunction against workplace violence regardless of whether or not you have an order of your own, such as an order of protection or a no contact order.
The injunction can be served upon the abuser by law enforcement and enforced anywhere within the state of Arkansas by law enforcement.4
1 A.C.A. § 11-5-115(a)(3)
2 A.C.A. §§ 5-73-202(1); 11-5-115(a)(1)
3 A.C.A. § 11-5-115(a)(2)
4 See A.C.A. § 11-5-115(c)-(e)