Workplace Violence

What is a Workplace Violence Restraining Order?

Any 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. The employer initiates the action with the filing of a "Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee." The initial order rendered is in the form of temporary restraining orders with a corresponding court hearing date, at which time a restraining order lasting up to three (3) years may be granted.

The employer asking for this order, on behalf of his or her employee against the other person, may file a petition at the William R. Ridgeway Family Relations Courthouse, Room 100. The Judicial Council provides instructions for lawsuits to prohibit workplace harassment, Judicial Council Form WV-150. This instruction booklet describes court orders an employer can get and how to obtain them. It also includes directions for a respondent who wants to oppose the employer's petition. 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 see an attorney.

You may download the necessary forms by clicking on the form names below:

Judicial Council Forms	Civil/Family Law Local Forms
Civil Case Cover Sheet, CM - 010	Request and Order for Free Service, LP-633 (if applicable)
Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee, WV-100
Order to Show Cause and Temporary Restraining Order, WV-120
Order After Hearing on Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee (CLETS), WV-140
Proof of Personal Service, WV-130
Proof of Service By Mail of Completed Response, WV-131
Proof of Service By Personal Service of Completed Response, WV-132
Response to Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee, WV-110
Proof of Sale or Turning in Of Firearms, WV-145
Instructions for Petitions to Prohibit Workplace Violence, WV-150

Filing Fees

If petitioner alleges no violence in the petition, the fee will be $320.00
If petitioner alleges violence in the petition, there is no filing fee

Where do I file the forms?

Present completed civil harassment forms to the Family Law Filing Window in Room 100 (Red Line), of the William R. Ridgeway Family Relations Courthouse. The clerk will conduct a mini-interview with you to clarify your request and to ensure that you filled out the forms correctly.

When will I get my order?

If your filed are filed before 2:00 p.m. you will receive your order at 4:00 p.m. the same day. If the forms are filed after 2:00 p.m., then they will be ready for pickup after 4:00 p.m. the next business day. You must go to Window 3 in Room 102 at 4:00 p.m. to receive the judge's decision on your application for a restraining order. If your request is granted, a hearing will be set for you and the other party. It is the responsibility of the petitioner to have the respondent personally served. 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.

How to get the other party served?

If the party being served lives or works in Sacramento County, the Sheriff can serve the document. There is a Sheriff's Civil Division Office in Room 313 of the Family Relations Courthouse that is open from 8:30 a.m. to 3:30 p.m., Monday through Friday. They can assist you in getting the other person served. If the person to be served lives and works outside of Sacramento County, contact the sheriff of that county for help.

If you prefer serving the restrained person on your own, ask someone you know to serve (give) a copy of the order to the restrained person. The server must be over 18 and not be one of the parties protected by this order.