All employers are legally mandated to provide favorable working environments for their workers. Sadly, incidents of violence in the workplace occur frequently. But you can assist a worker who is a victim of abuse by obtaining a workplace violence restraining order on their behalf. The order will stop further abuse of the protected employee and assist you in creating efficient safety regulations that will increase workplace efficiency.
To obtain a workplace violence restraining order, comprehend its legal ramifications, and guarantee its execution, you require legal assistance. If you want to safeguard one or more of your workers in Los Angeles, our Restraining Order Law Firm team can assist you. Additionally, we will ensure the protected employee receives proper protection while the restrained employee prepares for the subsequent legal process.
What is a Workplace Violence Restraining Order
Workplace restraining orders can protect workers who experience violence or threats at work. Following a successful application by a concerned employer, the judge issues these orders. The order contains rules the restricted employee must follow to prevent additional harassment and violence against the protected employee. For example, the order can prohibit the restrained employee from approaching the victim or accessing a gun.
Many types of workplace violence exist, like battery and stalking. Workplace violence is defined as any criminal violence committed against an employee. Threats of violence during or after work are another possibility. An aggressive employee contacting or attempting to contact another employee after hours to threaten or harass them could also be considered violence in the workplace.
The legislation mandates that victims report any workplace violence to their employers. To guarantee that their workplaces are entirely safe for everyone, employers conduct an investigation and can even engage law enforcement. To protect the victim from their abuser while the workplace violence case is pending, the employer can seek a restraining order. The victim, the victim's family, coworkers, and any company the employer owns are all covered by the order.
Many cases of workplace violence go unreported, making some employees dislike their jobs or want to quit. The people most impacted by this are employers and their enterprises. Because of this, businesses must take appropriate steps to maintain everyone's safety and satisfaction at work. When an employee reports an incidence of workplace violence to them, they must respond right away.
An employer can obtain a court injunction to stop unlawful violence against some employees at work. Be aware that the legislation governing the issuance of domestic violence restraining orders differs slightly from the law guiding the issuance of restraining orders against workplace violence. The latter allows companies to take action if one of their employees is the victim and another employee is the violent offender. The former requires the victim to seek a restraining order against their abuser. This implies that a worker who is the victim of workplace violence cannot ask a judge for a restraining order to stop their attacker.
Protective orders that an abuse victim can obtain in person include the following:
- A domestic violence protective order to protect them from abuse, stalking, and threats from someone they are or were in a close relationship with.
- A civil harassment protective order to safeguard themselves and their loved ones from mistreatment and threats of harm by coworkers, neighbors, roommates, or other family members.
- Elder or dependent abuse, a protective order to prevent a senior or dependent person from being subjected to abuse, threats, or harassment by those in their lives.
However, if you are an employee and workplace harassment negatively affects your performance and physical, mental, or emotional health, you can speak with your employer about seeking a protective order against workplace violence. You and your employer will be guided through the legal procedures required by a knowledgeable restraining order attorney, who will advise you on your options and fight for your rights until you are finally safe and content in your workplace.
Types of Workplace Restraining Orders
To keep their workplaces safe for all other employees, employers can obtain various restraining orders against abusive employees. Workplace violence restraining orders come in a variety of forms, including:
Temporary Restraining Orders
These are temporary protection orders that judges issue. When an employee informs their employer of workplace violence, the company can ask the court to issue a temporary protection order to protect one or more employees. However, the employer must fill out and submit some papers to the court to obtain the order. The type of workplace violence the employee is experiencing and how it is affecting their working environment must be described in the papers. Without informing the perpetrator, a company can request a temporary restraining order against them.
The court will issue the protection order if it finds that a particular employee needs protection and the employer complies with all legal requirements. The duration of the temporary protective order is usually between fifteen and twenty-five days. The order will expire when the workplace violence case is heard in court.
Permanent Protective Orders
When compared to temporary protective orders, these orders are significantly more permanent. The judge will set up a hearing to determine whether the victim still needs protection from their abuser after the victim reports workplace violence to their employer and the company asks for a temporary restraining order. The judge can lift the interim order or issue a permanent order after hearing the testimony and arguments made by the petitioner and the defendant. Permanent orders can be in effect for up to three years. To keep the employee and their job secure, the employer can ask for another order of protection if the perpetrator is still a threat to the protected employee.
Criminal Protective or Stay-Away Orders
The victim of workplace violence can choose to bring a criminal complaint against their attacker. In that instance, they alert the employer about the abuse, who then calls and informs the police. The police can send the case to a prosecutor, who will bring charges against the offender after an in-depth investigation. A judge can subsequently issue a stay-away order to keep the offender away from the victim until the end of the criminal case. The stay-away order can continue for up to three years or until the criminal prosecution is over if the court finds the culprit guilty of engaging in workplace violence.
If an employer learns of workplace violence from one or more employees, they must speak on their behalf to a qualified restraining order lawyer. They will learn more from the attorney about the kind of restraining order that applies to their situation. The lawyer will also guide the employer through each step of the legal proceedings until the judge finalizes the matter.
Employer's Responsibility When Obtaining a Workplace Violence Restraining Order
If employees experience workplace violence, the employer must take the necessary action to protect them and prevent the violence from happening again in the future. When an employee informs their employer of workplace violence, the company can improve the employee's safety by:
Listening and Acting
If perpetrators know that no action will be taken against them, workplace violence can spiral out of control. Thus, employers must always be ready and willing to listen to reports of workplace violence and take appropriate action. An employer must be open to hearing the victim's story as they describe their experience in-depth and express themselves. Simply listening will not suffice. The employee has to know that the employer understands them and is prepared to act to ensure their safety and the safety of others at work.
Expressing Concern
When one or more employees report workplace violence to their employer, the employer should likewise show concern. Employers can accomplish this by expressing to the victim their interest in the situation and their willingness to assist in finding a lasting solution. The employer can also take action by putting in place safety measures that could help the situation and stop other incidents of workplace violence.
Discussing Options
The employer must also be open to discussing potential solutions to the problem and maintaining the victim's safety in the workplace. For example, they could suggest a break for the abuser or victim before requesting a restraining order or moving the abuser's workstation away from the victim. It is sometimes a good idea to file a criminal case against the perpetrator if the situation meets the criminal prosecution criteria.
Respecting the Victim's Decision
Sometimes, serious measures against a perpetrator of workplace violence, like calling the police and filing a criminal complaint, can not always be willingly taken by the employer. However, the employer must be prepared to respect and support the victim's decision if they so choose.
Various Accommodations Employers Can Consider After Workplace Violence
Some instances of workplace violence are so severe that resolution is ineffective. Employers can consider measures to keep everyone safe and content and obtain workplace violence restraining orders to keep the offender away from the victim. Here are a few of these accommodations:
Adjustment of Job Responsibilities
The employer could modify their job duties to ensure the safety and comfort of employees impacted by workplace violence. The employer can decide not to fire the victim but to change their job duties if the victim's performance at work was affected by the violence. They can review a few possibilities with the employee to determine which is best for the victim and the company.
Additionally, the employer can transfer one or both parties to different departments, offices, or workstations if the offender and the victim share a workspace. For a victim of workplace abuse to regain productivity, a new workplace can be just the thing.
Collecting and Documenting Information
If the victim wishes to bring a criminal or civil lawsuit against the offender, the employer can also assist in acquiring and preserving evidence against them. Proof in these types of cases can include harassing emails, videos, harassing calls, texts, and visits to the employment site. Information acquired could prove that the culprit disobeyed a protective order and workplace safety regulations.
Enhancing Safety And Security
Employers sometimes only need to improve employee security and safety. For example, they can strategically set up cameras in their office to keep a careful eye on what goes on daily. Additionally, they can safeguard their employees' addresses and contact details with personal information. The presence of security officers can help increase everyone's sense of security inside and outside the office.
The Process of Obtaining a Workplace Violence Restraining Order
To be prepared if one or more of their employees needs protection from abusive coworkers, all employers must know the steps to obtain a protective order against workplace violence. Following a report of violence in your place of business, you can take some of the actions listed below. You could seek advice and assistance from a knowledgeable restraining order lawyer to simplify the intricate legal procedures.
Filling in the Necessary Court Forms
When requesting a protective order from an abusive employer, you must complete several court forms outlining the level of protection you need and your justifications for doing so. If a workplace violence victim is in imminent danger, you can request a temporary protective order to safeguard them until the judge hears and decides their case. Once you have completed all the necessary paperwork, you must have it examined by an attorney to ensure you have filled everything out correctly. Before filing, you must also make copies of every document.
Filing in Court
You can submit the required paperwork to the court once it is completed. If the victim is in immediate danger from the offender, remember that this can be urgent. Giving the forms to the court clerk for verification could count as filing. The court clerk will proceed to submit the petition to the court if all necessary information is given. The clerk will keep the original documents and return copies duly stamped. There will be a filing fee, which you can pay or ask for a waiver for.
Obtain a Temporary Restraining Order
Workplace violence cases are taken very seriously by the courts. Therefore, if a judge determines from the information you offer in the documents that one or more employees are in danger of violence, they will not think twice about issuing a restraining order. Within hours of the filing, the judge can issue the order. Once you have the order, make sure to double-check the hearing date. Be aware that judges occasionally reject requests for protective orders. Working with a skilled restraining order lawyer is essential to making the procedure effective.
Serving the Defendant
When you obtain a protective order, you can serve the defendant by one of the methods permitted by the court while also providing a copy of the order to the victim. A third party must serve the defendant. Ideally, the third party will be an adult, not the victim or the employer. You can, for example, ask your lawyer to serve the defendant. Note that once the defendant receives the order, it becomes effective. You must finish this procedure as soon as you receive the order. The defendant can understand the order, respond, and prepare for the hearing when it is immediately served.
Preparing for the Hearing
Following the hearing, the judge will decide whether to revoke the protection order placed against the alleged abuser or to impose a permanent injunction. Therefore, you must be well-prepared with the required paperwork and whatever evidence you can obtain from the victim or the crime scene. You could, for example, provide proof of stalking, harassment, threats, or assault. You can also offer witnesses, medical records, threatening texts or emails, damaged property, and medical costs as evidence. If the victim is ready to share their account to support the case against the offender, they are welcome to accompany you. The court can grant your petition, issue a different protective order, refuse your petition, or schedule a subsequent hearing after this hearing.
Find a Competent Restraining Order Attorney Near Me
Has at least one staff member informed you of workplace violence in Los Angeles?
To protect the victim and everyone else in your company, you can obtain a restraining order against the abuser. But to obtain the order and settle the dispute, you must identify, complete, and file all required paperwork and adhere to a specified court procedure. However, the court's application and issuance procedures for restraining orders can be very demanding. You need to hire a knowledgeable restraining order lawyer to guide you through the process. They will improve your chances of obtaining the order and assist you in resolving your problems at work.
Here at Restraining Order Law Firm, we can simplify your challenging legal process. We will only stop working once you are entirely satisfied with the resolution of your case. Call us at 424-600-7691 to learn more about workplace violence restraining orders and how we can assist you in obtaining one.
