Workplace Violence Protection Restraining Orders
No one should need to worry about their personal safety when they go to work. And no one should be falsely or wrongfully accused of workplace violence. As a result, whether you need to file for or defend against a workplace violence protection restraining order, a San Diego restraining order lawyer should assist you. With almost 30 years of experience, Attorney Roseline D. Feral knows how to protect your rights and safety at your job. She can help you determine whether a restraining order may be appropriate or persuade a court that you should not be subjected to a restraining order.Understanding the Role of Workplace Violence Protection Restraining Orders
Unfortunately, employees are sometimes targets of violence or threats at their place of work. These may include threats of physical violence. To guard against these hazards, California law allows a special form of restraining order to be obtained for the protection of employees, independent contractors, or volunteers engaged in work-related activities who have their safety undermined by actual or threatened violence, harassment, or stalking on the job. In California, a court has the power to order a person who is the subject of a restraining order not to:
- Harass or threaten the employee;
- Contact or go near the employee; or
- Possess a gun.
A workplace violence restraining order must be sought by an employer on behalf of the employee who requires protection. The duration of the restraining order will vary depending on the specific circumstances. In some cases, it may last for up to three years. The order is sometimes used to protect family and household members of the employee as well, if they are also deemed to be at risk of harm. However, it is important to note that employees may not ask for a workplace violence protection restraining order for themselves.
For an employee to be able to get a restraining order, the employer must show that the employee has faced illegal violence or a credible threat of violence. The illegal violence or threat of violence must reasonably be interpreted to be carried out or to have been carried out at the victim’s place of work. The behavior must not be permitted as part of a legitimate labor dispute, and the alleged perpetrator of the violence must not be engaging in constitutionally protected activity. A “credible threat of violence” is defined as deliberately saying something or acting in a manner that would make a reasonable individual fear for their safety. Examples of this behavior include stalking, harassing phone calls, verbal or written threats, and more.
Restraining orders are civil orders and are not criminal proceedings in and of themselves. However, if the restrained party violates the order, the violation may be charged as a misdemeanor with the possibility of jail time for up to one year. In addition, a violation of a restraining order may be charged as “contempt of court,” which also carries potential jail time. If you feel that a workplace violence protection restraining order has unfairly been issued against you, you need to contact an attorney as soon as possible. We can thoroughly read the documents that the other party filled out and examine them for any incorrect statements or misleading evidence before coming up with a legal strategy accordingly.Contact a Restraining Order Lawyer in the San Diego Area
Whether you are pursuing or defending against a workplace violence protection restraining order, San Diego attorney Roseline D. Feral can offer vital assistance. Our firm has extensive experience in all aspects of restraining order cases. We represent people in many Southern California cities, including Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. For a free initial consultation, contact us online or call us at 619-232-1010. Alternatively, you may be able to speak to Attorney Feral directly at 619-301-1191. She also can assist people who are seeking a domestic violence lawyer or guidance in handling proceedings related to other types of injunctions.