What is a workplace violence restraining order? How do I get one?
A workplace violence restraining order is an order available to an employer if his/her employee is an abuse victim – the employer can file for it even if no violence has occurred at the workplace. If you are an employer, there are clear, easy-to-understand instructions on how to obtain a workplace violence restraining order at the Indiana Courts website.
An employer may seek protection under this law if the employee has experienced unlawful violence that occurred at the workplace or a credible threat of violence that could reasonably be carried out in the workplace.1
A “credible threat of violence” is defined as a statement or course of conduct that does not serve a legitimate purpose and that causes a reasonable person to fear for her safety or for the safety of her immediate family.2 A “course of conduct” can include any of the following behaviors (but there must be repeated incidents, not just one):
- Following or stalking the employee to or from the employee’s place of work;
- Entering the employee’s place of work;
- Following the employee during the employee’s work hours;
- Making telephone calls to an employee during the employee’s work hours; and/or
- Sending correspondence to an employee by postal mail, interoffice mail, fax, or electronic mail.3
Note: if you are the victim, you cannot file for this yourself; your employer would file for it. If you want to file for your own order for protection, go to our Orders for Protection (due to domestic violence, harassment, stalking, or a sex offense) page to read more info.
1 IC § 34-26-6-6
2 IC § 34-26-6-2
3 IC § 34-26-6-1