Restraining Orders

There are two types of orders:

• a temporary ex parte order, which might be issued right away after the order is filed; and
• a final order, which might be issued after a hearing.¹ 

The judge can issue a temporary ex parte order against the abuser (the respondent) if the petition shows one of the following:

1. “reasonable proof” that an employee suffered workplace violence, and they or another employer could be seriously or permanently harmed, or
2.  “clear and convincing evidence” of all the following:

• an employee was harassed by the respondent;
• they or another employee could be seriously or permanently harmed;
• the pattern of harassing behaviors (course of conduct) occurred for no valid reason; and
• the restraining order is not issued to stop the respondent from speaking or acting in a way they have the legal right to do- for example, it can’t be to stop them from participating in a strike or union organizing.²

A temporary order is usually issued “ex parte.” That means it is issued without the respondent receiving prior notice or being present in court. This order can last for up to 25 days, until the hearing for the final order.³

Before the hearing, the respondent can file a response that explains, excuses, justifies, or denies the alleged workplace violence.⁴ At the hearing, both sides will have a chance to present testimony and evidence. Then, if the judge believes that the respondent committed workplace violence, they will issue a final order that lasts up to three years.⁵

¹ Cal. Civ. Proc. Code § 527.8(b)(7)
² Cal. Civ. Proc. Code § 527.8(f)(1)
³ Cal. Civ. Proc. Code § 527.8(h), (i)
⁴ Cal. Civ. Proc. Code § 527.8(j)
⁵ Cal. Civ. Proc. Code § 527.8(k), (l)(1)