An employee receives threatening messages from a former partner. A customer repeatedly confronts staff. A former worker returns after making violent threats. California employers may have grounds to request a workplace violence restraining order, but not every workplace conflict qualifies. This article explains the legal standard, who can seek protection, what evidence matters, and how a court petition fits into a broader safety response.
When a workplace violence restraining order is available
California Code of Civil Procedure § 527.8 allows an employer to seek a temporary restraining order and an order after hearing protecting an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, when the conduct can reasonably be construed to have been carried out or to be carried out at the workplace. The law is not limited to threats from coworkers. Depending on the facts, the person involved could be a customer, former employee, family member, or someone with no business relationship to the employer.
The statute distinguishes actionable conduct from ordinary disagreements:
- Unlawful violence: This includes assault or battery, stalking prohibited by Penal Code § 646.9, or a violation of Penal Code § 243.3, but excludes lawful self-defense or defense of others.
- A credible threat of violence: A knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety or their immediate family's safety and serves no legitimate purpose.
- Harassment: A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses and serves no legitimate purpose. The conduct must cause substantial emotional distress to the employee and be such that it would cause a reasonable person substantial emotional distress.
Constitutionally protected activity is excluded. A heated complaint, lawful picketing, or an unpleasant interaction does not automatically justify an order. The context, repetition, specific words, and surrounding conduct matter.
Who can request protection, and who can be protected?
The employer files the workplace petition to protect an employee. Section 527.8 uses an expanded definition of employee that includes certain volunteers and independent contractors performing services at the employer's worksite. The statute also permits a collective bargaining representative to petition in qualifying circumstances.
On a showing of good cause, the court may include named family or household members and other employees at the employee's workplace or workplaces. When appropriate, protection may also extend to employees at other workplaces of the employer. The petition should explain why each requested protection is necessary rather than simply listing everyone associated with the business.
Employers must also address the affected employee's privacy and participation. Before filing, the employer must give the affected employee an opportunity to decline to be named in the temporary restraining order. The employee's request not to be named does not prevent the employer from seeking protection for other employees at the workplace or, when appropriate, at other workplaces of the employer.
An individual seeking personal protection may need a different restraining-order procedure, such as a domestic violence or civil harassment petition. Counsel can evaluate which procedure matches the relationship and conduct involved.
Evidence that supports a workplace petition
A petition should present specific facts, not labels such as “dangerous” or “unstable.” For California businesses, careful documentation can make the difference between a clear record and a collection of unsupported conclusions.
- Create a dated timeline: Record each incident, its location, who witnessed it, and the words or actions involved.
- Preserve original communications: Retain emails, texts, voicemails, social media messages, and relevant security footage.
- Identify firsthand witnesses: Separate what someone personally observed from information supplied by others.
- Document the impact: Explain fear, substantial emotional distress where relevant, workplace disruption, and changes made for safety.
- Include prior reports: Police incident numbers and previous written warnings may provide useful context.
Avoid editing recordings or deleting unfavorable messages. Preserve relevant records lawfully and restrict access to sensitive employee information. A lawyer working in business litigation can assess the evidence, identify gaps, and prepare declarations that address the statutory requirements.
What happens after the employer files?
The employer submits the required court forms and supporting evidence. For unlawful violence or a credible threat of violence, a judge may issue a temporary restraining order before the hearing upon reasonable proof of the conduct and a showing that great or irreparable harm would result to an employee without temporary relief. For harassment, temporary relief requires clear and convincing evidence of harassment, great or irreparable harm, and lack of a legitimate purpose, consistent with the statute's exclusion of constitutionally protected activity. A temporary request should explain why immediate relief is needed; filing a petition does not itself create enforceable restrictions.
The respondent generally must be personally served with the petition, any temporary restraining order, and notice of the hearing at least five days before the hearing, unless the court shortens that period for good cause. Employers should not assume that an email, workplace warning, or copy left at a reception desk satisfies court-service requirements. Follow the court's instructions and use an appropriate process server or other legally authorized person.
At the hearing, both sides can present evidence, and the court receives relevant testimony. To issue an order after hearing, the court must find by clear and convincing evidence that the respondent engaged in harassment, unlawful violence, or made a credible threat of violence, with the applicable statutory elements established. An order issued after a hearing may last up to five years. If the court does not specify an expiration date, the order lasts three years from issuance.
Depending on the findings, an order may prohibit contact, harassment, threats, or approaching specified people and locations. Firearm restrictions can also apply. Review the signed order carefully: the actual terms, service status, and expiration date matter for enforcement.
A court order is one part of workplace safety
If there is immediate danger, call 911. Do not wait for a civil court hearing to address an urgent threat. Employers should coordinate practical precautions, such as notifying appropriate security personnel, adjusting access procedures, and giving protected employees information about reporting violations.
Separately, California Labor Code § 6401.9 requires covered employers to maintain a workplace violence prevention plan and satisfy related obligations. Coverage and exceptions depend on the workplace. A restraining order does not replace applicable prevention, training, incident-recording, or other legal duties.
Keep communications factual and limited to those who need the information. Avoid retaliation against an employee who reports a threat, and obtain advice before taking employment action connected to the incident.
Talk to a California business attorney
If threats or harassment are affecting your workplace, Itkin Law offers a free consultation to discuss the evidence, available court procedures, and practical next steps. Schedule a free consultation or call (424) 603-8888.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. The law changes, and this article reflects the law as of its publication date. Every situation is different — contact us to discuss how the law applies to your exact circumstances. See our full disclaimer.
