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

A workplace violence restraining order can protect:

• the victim of workplace violence;¹
• other employees who work at the victim’s workplace or another workplace location within the same business; and
• the victim’s immediate family or household members.²

“Employees” doesn’t just mean full-time paid workers. It can also include volunteers, part-time workers, independent contractors, and board members.³

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

In both a temporary ex parte order and a final order, the judge can order the respondent to:

1. not do any of the following to the victim or anyone else named in the order:

• harass, intimidate, bother (molest), threaten, or stalk them;
• physically abuse them;
• sexually assault them;
• destroy their personal property; or
• disturb their peace;

2. not contact the victim directly or indirectly, including by phone, mail, e-mail, texts, or other communication; this includes not making “annoying” calls, as explained in the crime, “Telephone calls or contact by electronic communication device with intent to annoy;”
3. stay away from the victim and any family or household members or other employees named in the order;
4. stay away from the victim’s workplace, home, school, car, and their children’s school or daycare; and
5. do or not do anything else that the judge believes is necessary to keep the victim safe.¹

The judge can include protections for the victim’s family or household members or other employees at the victim’s workplace if there is a good reason (“good cause”) to do so.²

Note: It is illegal under California law for the respondent to have a firearm while this order is in effect.³ For more information, see What happens if the respondent has a gun after the order is issued?

¹ Cal. Civ. Proc. Code § 527.8(f)(1), (b)(7)(A)-(B); see Petition for Workplace Violence Restraining Orders
² Cal. Civ. Proc. Code § 527.8(d)
³ Cal. Civ. Proc. Code § 527.8(t)(1)