Mendocino — WV-120-INFO

Source: https://www.courts.ca.gov/documents/wv100info.pdf

WV-100-INFO How Do I Get an Order to Prohibit Workplace Violence?

These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer. What is a workplace violence protective Before completing the forms needed to obtain court orders order? under this statute, make certain you meet the definitions of “employer” or “collective bargaining representative” asUnder California law (Code Civ. Proc., § 527.8), courts defined above.can make orders to protect an employee from suffering harassment, unlawful violence, or credible threats of The statute differs from other California laws that allow violence at the workplace. victims of harassment, unlawful violence, or credible threats of violence to ask the court for these ordersThe court can order a person not to: themselves. If anyone other than the employer or the • Harass or threaten an employee; collective bargaining representative wishes to apply to the • Contact or go near an employee; and court for an order prohibiting harassment, see Can a Civil • Have any firearms (guns), firearm parts, ammunition, or Harassment Restraining Order Help Me? (form CH-100- body armor. This includes firearm receivers and frames, INFO. and any item that may be used as or easily turned into a receiver or frame (see Penal Code section 16531). Who can an employer or collective bargaining For more information about the items a restrained person representative protect under this law? cannot have, please see selfhelp.courts.ca.gov/restraining- Under this statute, an employer or collective bargaining orders/prohibited-items. representative can obtain a court order that lasts up to three years on behalf of an employee. The order can also protect These orders will be enforced by law enforcement certain family or household members of the employee and agencies. other employees at the employee’s workplace or at other workplaces of the employer.Who can get a workplace violence protective order? Note: Before filing a petition, an employer or collective bargaining representative of an employee must provide the Employers can obtain court orders prohibiting harassment, employee who has suffered harassment, unlawful violence, unlawful violence, or credible threats of violence against or a credible threat of violence from any individual, an their employees. An employer is defined as: opportunity to decline to be named in the restraining order. • Every person engaged in any business or enterprise in An employee’s request to not be named in the order does this state that has one or more persons in service under not prohibit an employer or collective bargaining any appointment, contract of hire, or apprenticeship, representative from seeking a restraining order on behalf express or implied, oral or written, irrespective of of other employees at the workplace, and, if appropriate, whether such person is the owner of the business or is other employees at other workplaces of the employer. operating on a concessionaire or other basis. (Lab. Code, California law defines “employees” as: § 350(a).) • Every person, including aliens and minors, rendering • A federal, state, or local public agency; a city, county, actual service in any business for an employer, whether district, or public corporation. (Code Civ. Proc., gratuitously or for wages or pay; whether the wages or § 527.8(b)(3).) pay are measured by the standard of time, piece, task, commission, or other method of calculation; andCollective Bargaining Representatives can also obtain whether the service is rendered on a commission,orders prohibiting harassment, unlawful violence, or concessionaire, or other basis. (Lab. Code, § 350(b).)credible threats of violence against employees. In order to bring a petition for an order under this law, the collective • Members of boards of directors and public officers. bargaining representative must serve as a collective bargaining representative for that employee in employment • Volunteers or independent contractors who perform services for the employer at the employer’s work site.or labor matters at the employee’s workplace.

Judicial www.courts.ca.gov Council of California, How Do I Get an Order to Prohibit Workplace Violence? WV-100-INFO, Page 1 of 4 Rev. January 1, 2025, Optional Form (Workplace Violence Prevention)Code of Civil Procedure, § 527.8

WV-100-INFO How Do I Get an Order to Prohibit Workplace Violence?

The “respondent” is the person against whom the employer Where can I get these forms? or collective bargaining representative is requesting the You can get the forms from legal publishers or from the protective order. California Courts website at www.courts.ca.gov/forms. An employer may seek protection under this law if: You also may be able to find them at your local courthouse or county law library.

1. An employee has suffered harassment, unlawful violence, or a credible threat of violence from any Do I need a lawyer? individual; The employer or collective bargaining representative may

2. The unlawful violence was carried out in the workplace, be represented by a lawyer, but one is not required by law or the threat of violence can reasonably be construed to unless an employer that is a corporation is the petitioner. be carried out in the workplace; Because the employer’s or union’s lawyer will generally be

3. The respondent’s conduct is not allowable as part of a representing the interests of the employee, the employee legitimate labor dispute as permitted by Code of Civil usually does not need his or her own lawyer. Whether or Procedure section 527.3; and not the employer or collective bargaining representative has a lawyer, the respondent may have one.4. The respondent is not engaged in constitutionally protected activity. What steps are needed to get the court orders?What forms must be used to get the order? 1. Fill in the Petition (form WV-100) completely and fill

4. Petition for Orders Workplace Violence Restraining in items 1–3 of the Notice of Court Hearing (form Orders (Petition) (form WV-100). This form tells the WV-109). If you are seeking a TRO, also fill out form judge the facts of the petitioner’s case and what orders WV-110. the petitioner wants the court to make. 2. If you are seeking orders based on information from others and not based on what you have personally2. Confidential Information for Law Enforcement (form observed, you must have each of those persons CLETS-001). This form will provide law enforcement complete a declaration to attach to the Petition (form agencies with the information needed to enforce any WV-100). You may use form MC-031, Attached orders that are granted. Declaration.

5. Notice of Court Hearing (form WV-109). This form 3. Fill in Confidential Information for Law Enforcement tells the parties when the hearing on the petition will be (form CLETS-001) with as much information as you held. know. If the judge grants the order, the information on this form will be entered into a statewide protective-4. Temporary Restraining Order (TRO) (form WV-110). order database that will be available to law enforcement A TRO can be issued to provide protection to the agencies if the order needs to be enforced. employee until the hearing is held. It can be issued by the judge either with or without notice to the respondent. 4. If you are applying for a TRO, fill out form WV-110 completely. The petition and the declarations must give5. Workplace Violence Restraining Order After Hearing the details of the recent acts of harassment,violence, or (Order) (form WV-130). This is the form signed by the credible threats of violence and the problems they have court following the hearing. The order can last for up to caused. three years depending on what the judge rules. To obtain a TRO, you must notify the respondent of the These forms are all mandatory—that is, they must be request for the temporary order unless both of the used in the workplace violence prevention proceeding. following requirements are satisfied:

6. Proof of Personal Service (form WV-200). This form is a. It appears from facts shown on the petition that great used to show that the other party has been served with or irreparable injury will result before the matter can the petition and other forms as required by law. be heard on notice; and

   Page 2 of 4Rev. January 1, 2025 How Do I Get an Order to Prohibit Workplace Violence? WV-100-INFO,
   (Workplace Violence Prevention)

WV-100-INFO How Do I Get an Order to Prohibit Workplace Violence?

b. You or your attorney certifies one of the following 8. If a person to be protected by the order does not speak to the court under oath: English, when you file your papers, ask the clerk if a court interpreter is available. You can also use form (1) That within a reasonable time before presenting INT-300, Request for Interpreter (Civil), or a local court the petition to the court to ask for a TRO, you form or website to request an interpreter. For more informed the respondent or the respondent’s information about court interpreters, go to selfhelp. attorney when and where the request for a TRO courts.ca.gov/request-interpreter. would be made; (2) That you in good faith attempted but were unable 9. Have the respondent personally served with copies of to inform the respondent and the respondent’s the Petition (form WV-100), the Notice of Court attorney, specifying the efforts made to contact Hearing (form WV-109), the TRO (form WV-110) (if them; or issued), a blank Response (form WV-120), and a blank Proof of Service of Response by Mail (form WV-250). (3) That for reasons specified, you should not be You cannot serve the respondent yourself. Service may required to inform the respondent or the be made by a licensed process server, the sheriff’s respondent’s attorney. department, or any person 18 years of age or older who is not involved in the case. For help with service, ask the5. Take your original completed forms and copies to the court clerk for form WV-200-INFO, What Is “Proof of clerk’s office at the court. You will need multiple Personal Service”? copies: one for you, one for each person to be protected, and one to serve on the respondent. Each protected Service is essential. It tells the respondent about the person will need a copy of the TRO if it is necessary to order and the hearing. Without it, there cannot be a call the police. The clerk will file the originals, assign a court hearing, and your temporary orders will no case number, and return the copies “file-stamped” to longer be good unless they are extended by the court. you. The clerk will write your hearing date on the The respondent should be personally served Notice of Court Hearing (form WV-109). immediately after the orders are signed by the judge, unless the court specifies a different time for service. 6. If you are seeking a TRO (form WV-110), the clerk will tell you where and how to present your proposed order 10. After the respondent has been personally served, the to a judge for consideration and signature. The court will person who served the respondent must complete and decide within 24 hours whether or not to make the order. sign the original Proof of Personal Service (form Sometimes the court decides right away. Ask the clerk if WV-200). Take the signed original and copies back to you should wait or come back later. If your request for a the court clerk. The clerk will file the original and TRO is granted while you are still at the court, take the return “file-stamped” copies to you. Ask the clerk signed original back to the clerk to be filed. whether you should take a file-stamped copy to each law enforcement agency that might be called on to 7. If a TRO has been issued, ask the clerk whether you or enforce the order. If so, do so immediately. your lawyer will need to deliver a file-stamped copy of the TRO to each law enforcement agency (police, marshal, or sheriff’s office) that might be called on to enforce the order. If so, do so immediately.

If the court issues a TRO, it will last until the hearing date.

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WV-100-INFO How Do I Get an Order to Prohibit Workplace Violence?

11. Go to court on the date shown at item 4 on the Notice of Court Hearing (form WV-109). You do not need to bring any witnesses, but it helps to have more proof of the violence or threats than just one person’s word. You can bring to the hearing: • Witnesses • Written statements from witnesses made under oath • Photos • Medical or police reports • Damaged property • Threatening letters, emails, or telephone messages The court may or may not let witnesses speak at the hearing. So, if possible, you should bring their written statements under oath to the hearing. (You can use form MC-030, Declaration.) The respondent has the right to attend the hearing, but he or she does not have the right to speak to the employee or to any other person seeking protection. If anyone is afraid, tell the court officer.
12. If the judge signs the Order (form WV-130), ask the clerk to provide you with a file-stamped copy for each person to be protected. Ask the clerk whether you or your attorney will need to deliver a file- stamped copy of the Order to each law enforcement 15. If the respondent does not obey the order, call the agency that might be called on to enforce the order. police. The respondent can be arrested and charged If so, do so immediately. with a crime.
13. If the respondent attended the hearing and heard the terms of the Order from the court, no additional What if I have a disability? proof of service is necessary. If the respondent did If you have a disability and need an accommodation while not attend the hearing, but the Order issued is the you are at court, you can use form MC-410, Disability same as the TRO (except for the termination date), Accommodation Request, to make your request. You can the Order may be served on the respondent by mail. also ask the ADA Coordinator in your court for help. For File form WV-260, Proof of Service of Order After more information, see form MC-410-INFO, How to Hearing by Mail. If the respondent did not attend the Request a Disability Accommodation for Court. hearing and the Order differs from the TRO, arrange to have him or her personally served with a copy of the Order. File the completed Proof of Information about the process is also Personal Service (form WV-200) with the court. available online. Give a file-stamped copy of the Order and proof of See selfhelp.courts.ca.gov/WV-restraining-order service to your employee and to each other protected person. Keep at least one copy for yourself. For help in your area, contact:
14. Once the order is issued, only the judge can change [Local information may be inserted.] or cancel it. You or the respondent would have to file a request with the court to cancel the order. Rev. January 1, 2025 How Do I Get an Order to Prohibit Workplace Violence? WV-100-INFO, Page 4 of 4 (Workplace Violence Prevention)

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