All employers in California are legally and ethically obligated to provide their employees with a secure workplace environment. That includes safeguarding workers from violence, credible threats, or harassment by customers, colleagues, and others. A workplace violence restraining order (WVRO) refers to a court-issued order that an employer can request, which provides great protection to workers who have been subject to credible threats of violence or actual violence at work.

At Goldman Flores Restraining Order Law Firm, we have a devoted team of restraining order lawyers with extensive experience securing WVROs on employers’ behalf. We understand deeply the substantive and procedural legal principles governing these court orders and everything involved in securing a WVRO to safeguard workers and businesses. On the other hand, we also defend individuals accused of violating a WVRO. Call us today to share your case details.

Workplace Violence Restraining Order Overview

A WVRO is a specialized mechanism that safeguards workers from possible threats of violent acts while discharging their job duties. Particularly, this form of protective order is requested by an employer on their employee’s or business’s behalf. It is specifically issued when a worker has faced harassment, violence, stalking, or threats by another person, who could be a co-worker, customer, personal acquaintance, etc. WVROs aim to ensure workers’ safety and mental wellness in their workplace environment.

For a WVRO to be valid, the applying employer must submit a detailed application explaining the type of threats or violence the employee faced and support their explanation with relevant evidence. The court will schedule a proceeding after the employer has submitted their application. At first, the court may issue a temporary WVRO providing instant protection without needing the presence of the supposed perpetrator.

The temporary WVRO generally remains valid for 21 days. However, an employer can seek a permanent WVRO if an employee needs protection for an extended period. A permanent WVRO can only be granted after the employer and perpetrator present their cases in court during a hearing. This court order can last a maximum of three years.

It is crucial to recall that breaching any WVRO issued against you can lead to severe legal consequences, including possible criminal prosecution.

Who Can Apply for a WVRO?

With domestic violence, civil harassment, and elder abuse restraining orders, the individual undergoing abuse or harassment seeks the order themselves. However, with WVROs, only the employer can seek the order. Therefore, any worker who faces harassment, violence, or credible threats while discharging their duties must first notify their employer. Or, workers can freely file a civil harassment protective order themselves.

For an employer, there are strong business and legal reasons to strive to keep work environments safe for their workers. An employer has a legal duty to offer a secure workspace for their workers. When an employee faces harassment, violence, or threats at work, the responsibility to ensure a safe working environment could include safeguarding the employee from unpredictable harm caused by the culprit. California employers can achieve this by seeking WVROs against persons threatening or harassing their workers.

Parties that WVROs Can Protect

Employers can seek a WVRO to legally protect employees of all types who have faced unlawful threats of violence or actual violence at their place of work. For WVRO purposes, the word “employee” is widely described to include:

  • Commission-based workers
  • Hourly and salaried workers
  • Independent contractors
  • Part-time or full-time employees
  • Volunteers
  • Public officers
  • Board of directors members
  • The order can also protect the family members of employees

Establishing who to request the WVRO for and presenting legitimate reasons why the protection is necessary could be challenging. As an employer, a lawyer can assist you in navigating this process effectively to ensure your employees' and business’s safety.

Conduct that a WVRO Can Prohibit

A judge can issue a WVRO to safeguard workers, their loved ones, others who reside with them, and the workspace itself. Whereas the conditions of a WVRO will vary contingent on the stated allegations, judges generally issue these orders against the restrained party:

  • A stay-away order. These orders prevent the party against whom the WVRO is issued from entering the victim’s vicinity. In some instances, the orders prevent the perpetrator from going near the employee’s place of work.
  • A no-contact or personal conduct order. No contact orders prevent the perpetrator from contacting, in any way, the safeguarded employee or entering their workspace for any reason. Regarding personal conduct orders, the restrictions a WVRO may impose usually include activities such as harassing, assaulting, stalking, and committing violent acts towards the safeguarded worker.
  • No firearm order. The judge could also issue orders requiring that the perpetrator turn in, sell to a licensed gun dealer, or store any ammunition and guns they own. These orders also prevent the culprit from buying or acquiring ammunition and guns in any way.

Employer's Duties When Workers Face Workplace Violence or Harassment 

Generally, companies are legally obligated to provide employees with a safe workplace environment. That means taking every reasonable measure to avert foreseeable risks, including threats or violent acts. When a worker informs their employer that they are concerned about recent violent acts or credible threats they have faced, the employer should take this information seriously. Whereas an employer's responsibilities will vary based on the particular circumstances, some actions they should take are as follows:

  • Consider the effect of workplace duties. Seeking a WVRO will often affect a worker's capability to perform their duties. For example, should a receptionist at a restaurant face violence from a regular customer, they might have to be moved to another vacant job position unless a WVRO is stopping the perpetrator from coming to the restaurant. While considering threats of violence, an employer must equally consider the likelihood of a worker receiving those over the phone.
  • Gather information and documents. After an employer knows about recent credible threats of violence or actual violence, they must move fast to collect all evidence of the occurrences. This includes harassing or threatening emails, handwritten text messages the employee received, or voicemails. Many employers have installed surveillance cameras all over the business and might pull footage showing threats of violence. Employers should additionally ask the worker whether they have additional material on their devices.
  • Ensure employee safety. An employer who has been told by a worker that they face unending concerns of workplace violence should do all they can to ensure employee protection. This may include moving the worker's work area, permitting the worker to work from home for some time, or appointing an escort for the worker to accompany them to and from their vehicle.
  • Seek a WVRO. Whereas deciding whether or not to request a WVRO lies only with the company, many companies value their workers’ say on the issue. An employer should consider the workers' feelings about seeking a WVRO and discuss its protections. If an employee faces immediate threats, the company should fill out form WV-110, an official temporary WVRO request. A temporary WVRO can be effected immediately and remains valid for 21 days. Within this period, the court can schedule a proceeding on the merits of the employer's request to decide whether it should issue a permanent WVRO.

Temporary WVRO

A temporary WVRO is a court-issued mandate that instantly bars the restrained individual. Since a temporary WVRO is an ex parte order, it is not obligatory that the individual whose conduct the employer hopes to restrain be present when it is issued. However, to secure an ex parte temporary WVRO in this case, the employer must successfully prove the following:

  • There is a danger of irreparable harm, which will occur before the court holds the proceeding to establish whether it should issue a permanent WVRO.
  • The employer or employee certifies any of these under oath:
    • The culprit has been notified about the request for the temporary WVRO
    • Someone tried to notify the perpetrator about the request for the temporary WVRO
    • For a justifiable reason, the employer should be excused from the usual condition that the perpetrator be notified about the petition for the temporary WVRO

If the employee or employer cannot establish the above, an employer can either apply for a temporary WVRO after serving the perpetrator or abandon the cause of seeking a temporary WVRO altogether. Failure to secure a temporary WVRO does not affect the judge's resolution of the petition's merits for a permanent WVRO.

The WVRO Process

The legal process of seeking a WVRO starts with the employer completing the necessary court forms. These forms generally include the following:

  • Form WV-100, Petition for WVROs
  • Form WV-109, Notice of Court Hearing
  • Form CLETS-001, Confidential CLETS Information
  • Form WV-110, Temporary Restraining Order
  • Any other local forms the court requires, if applicable

The forms necessitate the company to provide a comprehensive description of the abuse the worker underwent.

Once an employer files these forms, a judge reviews them and, if they approve, sets up a date for a court proceeding. A judge might also issue a temporary WVRO if the employer requests one or the facts presented in the application forms support the imposition of legal protection until the court hearing occurs. If they approve, the judge will issue the temporary WVRO the same day or by the next business day.

If they issue a temporary WVRO, the presiding judge will set a court date for a hearing within 21 days from the day the application forms are turned in. At the hearing, the employer must provide enough arguments and evidence to prove that the employee faces danger and the restrictions they are requesting are necessary to safeguard them. The respondent must also share their side of the story. At the end of the proceeding, the presiding judge will decide whether to grant a permanent WVRO.

The Effect of a WVRO

Facing a WVRO can be challenging and frustrating, especially if you believe it was wrongfully imposed against you. If you have a restraining order against you, you will be subject to restrictions, firearm confiscation, the hassle of presenting yourself in court, and the likelihood of severe repercussions if you accidentally breach the order. If you lose the court hearing, the limitations posed by the order may impact you for an extended period.

Based on the limitations the order imposes against you, just leaving the victim alone might not be sufficient. Breaching stay-away orders, even when your appearance at the location where the victim is does not have anything to do with them, may bring severe consequences.

If you used to visit the worker's place of work for your own professional or personal reasons, for example, visiting a neighboring location to eat, shop, work, undergo medical treatment, or utilize other services, you must look for another place to do these things. Broader limitations also mean adjusting to different aspects of your routine. Stay-away orders may even necessitate you to depart from public events or places if the victim is coincidentally there.

Since a WVRO can impact you in several ways, you want to fight any limitations you think might be unjust, unnecessary, or unreasonable.

How a Restraining Order Attorney Can Help You Fight a WVRO

Trying to fight a WVRO issued against you alone will only make you more stressed. Hiring a restraining order attorney can alleviate this pressure, as you will have entrusted your matter to an expert who can develop a solid, carefully thought-out argument.

Seeking a permanent WVRO entails the court scheduling a hearing during which you, the employer, and the affected employee or employer argue your case before the judge. If you have an experienced WVRO lawyer representing you, they can help you make compelling arguments to block the request for the order. Here is how an attorney can assist you:

  • Review the terms and conditions of the issued temporary WVRO or permanent restraining order petition and advise you on what kind of contact and conduct it restricts.
  • Help you write a response after being served with WVRO papers, if filing the response serves your best interests.
  • Assist you in preparing for the proceeding, during which the court will rule whether to issue the permanent protective order, by collecting evidence to support your case and reviewing all documents the employer provided.
  • Representing you during the hearing and arguing your case before the presiding judge.

Defending against the issuance of a WVRO in California is not easy, but a restraining order attorney can assist in making this intricate process go more smoothly.

The Consequences of Violating a WVRO

Whether a judge has issued a WVRO against you permanently or temporarily, you must adhere to its terms. That could mean storing or surrendering your guns within twenty-four hours of receiving notice of the order and promptly adjusting your routine to prevent any contact or proximity to or with the protected worker.

Violating a WVRO in any way could subject you to criminal charges under PC Section 273.6 and, subsequently, a conviction. Specifically, violating a WVRO is deemed a misdemeanor offense in many cases. A conviction attracts various consequences, including a jail term of not over twelve months and a court fine of not more than $1,000.

In some instances, violating a WVRO is deemed a wobbler offense. These instances include when it is your second violation of WVRO and your violation entailed a violent act. Wobblers are crimes for which prosecutors can press either misdemeanor or felony charges based on the defendant’s criminal history and the facts surrounding the case.

A felony violation of a WVRO carries three years, two years, or sixteen months in custody and a fine of not more than $10,000. A conviction will also have you stripped of your firearm rights permanently. That means if you are convicted of a WVRO, you cannot own, possess, or purchase a firearm even if the validity period of the WVRO itself ends. A misdemeanor conviction should not impact your firearm rights.

Another consequence of WVRO violation is that if you are convicted, the conviction will appear whenever a person conducts a criminal background check against you. That means a WVRO violation results in a criminal record, and anyone can tell you were convicted.

On the positive side, a WVRO does not usually appear in criminal background checks, as they are practically civil matters. That means if you have been issued a WVRO, no one who conducts a criminal background check will know because they do not reflect, unless you violate it and are convicted.

Fortunately, violating a WVRO will not affect your immigration status in many cases if you are a non-citizen. But if you further have a conviction of domestic abuse apart from the PC 273.6 conviction, you could face removal proceedings. If you are a non-citizen facing charges of WVRO violation, you want to contact a lawyer promptly to learn your options for staying in the country.

Remember that should you commit another violation while breaching a WVRO, a judge can find you guilty under PC Section 273.6 and the law against the other offense.

How to Fight Against WVRO Violations

For any judge to rule that you have violated a workplace violence restraining order, the prosecuting attorney must establish beyond a shadow of a doubt that the following elements are true:

  • A court validly granted a written order against you
  • The order was a WVRO
  • You knew about the restraining order
  • You had the present capability to obey the order
  • You willfully breached the court order

When it comes to knowing that the restraining order existed, you need to have had the chance to read through it (whether you managed to read it). Regarding the element of willfully breaching the WVRO, your violation needs to have been intentional and purposeful.

That said, if the prosecuting attorney cannot prove the above elements without any reasonable doubt, the judge will likely dismiss your case. Your lawyer can successfully cast doubt into the judge’s and jury’s minds by poking holes into the prosecution's evidence, which can lead to your case being dropped.

Should your case go to trial, your lawyer can argue various defenses that may lead to your acquittal. Generally, four defenses may apply to your case. They are:

  • The WVRO was invalid. Just because the court issued a WVRO against you does not automatically imply it is illegal. There have been cases where WVROs have been granted without a justifiable reason or in violation of the correct judicial procedures. The judge will likely drop your charges after your lawyer shows the court that your protective order is not legitimate.
  • You never knew about the WVRO. If the employer seeking the WVRO did not properly serve you with the order, you will not be obligated to adhere to its terms. Your lawyer can argue this defense strategy if the process server served the wrong party or merely forgot to serve it. Similarly, if you never had the chance to read through the order, your lawyer can assert that you never knew it existed.
  • You never willfully violated the protective order. Your lawyer can argue this defense if you accidentally ran into the protected party. This can generally occur when you are on your way from or to work, going to an event such as a movie or concert, visiting a park, or shopping. Even if the protected party panicked and claimed you breached the order, the prosecution should dismiss the charges after they are convinced it did not happen intentionally.

Find a Knowledgeable Restraining Order Lawyer Near Me

Any protective order issue is a severe legal matter for the petitioner and the defendant. Having a skilled protective order lawyer helping you navigate the process from whichever side you stand can enable you to move forward strategically with building a convincing case that favors you.

At Goldman Flores Restraining Order Law Firm, we can assist employers who want to safeguard their employees and respondents facing unjust limitations through workplace violence restraining orders. We have a reputation as the premier restraining order law firm in Orange County. Our in-depth experience addressing all aspects of restraining order legal matters means we have extensive knowledge to handle your case from whichever angle. Call us now at 714-333-0699 for help going through the legal process, beginning with a complimentary, confidential consultation.