Restraining Orders

For the purpose of getting a workplace violence restraining order, “workplace violence” can be defined as:

• harassment;
• unlawful violence; or
• a credible threat of violence.

Importantly, the workplace violence must have happened at work, or it must be reasonable to believe it would happen there.¹ 

“Harassment” is when someone intentionally keeps doing things to a specific person that seriously upset, bother, or trouble them, for no valid reason. This behavior must be something that would cause most people significant emotional stress, and it must actually cause that level of distress to the person involved.²

“Unlawful violence” is assault, battery, or stalking.³ This includes following an employee to or from work or during work hours.

A “credible threat of violence” is a statement or repeated acts (“course of conduct”) that:

• would reasonably cause a person to fear for their safety or the safety of an immediate family member; and
• serves no legitimate purpose.⁴

It must be reasonably understood (construed) that the credible threat of violence could be carried out at the workplace,² whether that happens in person, over the phone, by mail, or online.⁵

¹ Cal. Civ. Proc. Code § 527.8(a)
² Cal. Civ. Proc. Code § 527.8(b)(4)
³ Cal. Civ. Proc. Code § 527.8(b)(8)
⁴ Cal. Civ. Proc. Code § 527.8(b)(2)
⁵ Cal. Civ. Proc. Code § 527.8(b)(1); see also California Courts website