Restraining Orders and Workplace Violence

BY: Koszdin | Saturday, June 9, 2018.

Going to work should be a peaceful and safe experience where you go to earn a living but workplace violence can take the form of intimidation, threats, and even homicide. It is the job of the employer to make sure this doesn’t happen. If normal procedures do not stop this violence employers can opt to take out a restraining order. There are a few rules to follow when doing this.

Rule one:

Talk about workplace violence threats in court

Over two million Americans claim to have faced workplace violence in one form or another whether it is threats, taunts, or homicide according to the Occupational Health and Safety Association. A very scary and real example of the extent to which this violence can stretch is the Long Beach law firm shooting by an ex-employee.

Unfortunately, there is no clandestine way of preventing violence completely in a workplace there are appropriate steps that need to be taken, and talking about the violence in court to get a restraining order can be a very effective one.

Rule two:

Understand a California restraining order and what it looks like.

A California court can issue a workplace violence restraining order to protect an employee from unlawful violence or even a credible threat of violence at the workplace. Under California law, a credible threat of violence is a manner in which one person acts towards another making them feel for their own or their loved one’s safety. This does not have to be physical violence but it can also be harassment.

The order is not only limited to the workplace but also all other aspects of a person’s life. It can be issued in two forms, temporary which lasts 15 to 25 days, and permanent which lasts 3 years.

Rule number three:

Workplace restraining orders have to be requested by the workplace.

If harassment is occurring at work, a workplace restraining order will only be issued at the request of an employer. The employer must make the request on behalf of the employee who is undergoing violence and needs protection. It is up to the employer to provide proof of the violence and grounds for which the order should be issued.

Rule number four:

Document all incidents

Because the employer must provide all the evidence it is a good idea to go through the issues and document them so as to not forget. It is then a good idea to get signed affidavits from all involved and witnesses to submit with the requisite forms.

If a temporary restraining order is requested, a judge will decide whether to issue the order within the next business day and if doing so will provide a hearing date on a permanent restraining order.

Contact a Los Angeles workplace injury lawyer today:

Have you been a victim of workplace violence? Do you want to find out more about workers’ compensation benefits in California? A Los Angeles workplace injury attorney can help explore your options. Contact the Koszdin, Fields & Sherry law firm and get a free consultation today. Speak to our Los Angeles workplace injuries attorney by calling 818-812-5639 or 800-747-3447 or complete this contact form today.

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