Wednesday, December 18, 2024


Workplace Violence Restraining Order

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What is a Workplace Violence Restraining Order?

An employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. An employee may not seek a Workplace Violence Restraining Order on his or her own behalf.

The Judicial Council provides an informational sheet How Do I Get an Order to Prohibit Workplace Violence?(WV-100-INFO). This informational sheet describes court orders an employer can get and how to obtain them. The instructions do not cover all of the problems and questions that may arise in a particular case. If you are not clear on how to protect your rights, you should consult an attorney.

Additional information about Workplace Restraining Orders can be found on the California Courts' Website.

Filing Fee

You will be required to pay a filing fee when you file your forms with the court. Acceptable payment types: Check, Cash, Cashier's Check, Money Order, and Credit Card (Visa or MasterCard). If you are unable to pay the filing fee, you may request a fee waiver.

If the Petition for a Workplace Violence Restraining Order is based on a credible threat of violence or stalking, the filing fee may be waived by the Judge.

Where do I file the forms?

Present completed forms to the Civil Front Counter - Window 14 in Room 102 of the Gordon D. Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, CA 95814. The hours of operation are 8:30 a.m. to 4:00 p.m., Monday through Friday.

One (1) original and one (1) copy of all documents are required at the time of filing.

For more information and the necessary forms, see the Petition for a Workplace Violence Restraining Order (Step 1) Packet (CV\E-WV-01).

When will I get my order?

If the forms are completed and filed by 11:30 a.m. you will receive your Order at 4:00 p.m. the same day. If the forms are filed after 11:30 a.m., then the Order will be ready for pick up after 4:00 p.m. the next court business day. The forms will be returned to you in the 1st Floor Lobby outside of Room 102 at the Gordon D. Schaber Sacramento County Courthouse. In most cases, a hearing will be set within 21 days for you and the other party.

It is the responsibility of the petitioner to have the respondent personally served no later than five (5) days prior to the scheduled hearing date. Proof of service for the respondent must be filed with the court prior to or at the time of the Workplace Violence Restraining Order hearing.

NOTE: The Restraining Order is not activated until the respondent is properly served.

How do I get the other party served?

If the party you are serving lives or works in Sacramento County, the Sheriff's Civil Bureau - external link can serve the documents to the other party. They are located at 2969 Prospect Park Drive, Suite 200, Rancho Cordova, CA 95670. If the person to be served lives and works outside of Sacramento County, contact the Sheriff's Office of that county for help. Be sure to contact them promptly so they will have enough time to serve the respondent before the scheduled hearing date.

If you prefer, someone you know can serve the restraining order documents to the respondent. The server must be over 18 and not be one of the parties protected by the restraining order. Once service is complete, the person who served the papers must complete a Proof of Personal Service (WV-200).

For more information and the necessary forms, see the Workplace Violence Restraining Order: Instructions on Service (Step 2) Packet (CV\E-WV-02).

What if I can't get the restraining order served in time for the hearing or I need a continuance?

You can ask the court to "continue" the hearing on your Workplace Violence Restraining Order to another date. To request a new hearing date, you will need to file a Request to Continue Court Hearing and to Reissue Temporary Restraining Order (WV-115) and a Notice of Hearing Date and Order on Reissuance (WV-116). The forms must be completed and filed along with a copy of your Temporary Restraining Order (WV-110) by 11:30 a.m. on the last court day before your scheduled hearing date. You may also orally request a continuance in court during your hearing.

If your request for continuance is granted, a new hearing date will be set and your Temporary Restraining Order will be extended to the new hearing date. You will need to properly serve the respondent to activate the Restraining Order.

For more information and the necessary forms, see the Request to Continue Court Hearing and to Reissue Temporary Restraining Order (Workplace Violence) Packet (CV\E-WV-03).