Amador — WV-100-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/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 Who can an employer protect under this law? order? Under this statute, an employer can obtain a court order that lasts up to three years on behalf of an employee. The order Under California law (Code Civ. Proc., § 527.8), courts can also protect certain family or household members of the can make orders to protect an employee from suffering employee and other employees at the employee’s workplace unlawful violence or credible threats of violence at the or at other workplaces of the employer. workplace. California law defines “employees” as: The court can order a person not to: • Every person, including aliens and minors, rendering • Harass or threaten the employee; actual service in any business for an employer, whether • Contact or go near the employee; and gratuitously or for wages or pay; whether the wages or • Have a gun. pay are measured by the standard of time, piece, task, commission, or other method of calculation; and These orders will be enforced by law enforcement whether the service is rendered on a commission, agencies. concessionaire, or other basis. (Lab. Code, § 350(b).) Who can get a workplace violence • Members of boards of directors and public officers. protective order? • Volunteers or independent contractors who perform Employers can obtain court orders prohibiting services for the employer at the employer’s work site. unlawful violence or credible threats of violence The “respondent” is the person against whom the employer against their employees. To get an order under this law, is requesting the protective order. the petitioner must be an employer. An employer is An employer may seek protection under this law if: defined as: • Every person engaged in any business or enterprise 1. An employee has suffered unlawful violence or a in this state that has one or more persons in service credible threat of violence from any individual; under any appointment, contract of hire, or 2. The unlawful violence was carried out in the workplace, apprenticeship, express or implied, oral or written, or the threat of violence can reasonably be construed to irrespective of whether such person is the owner of be carried out in the workplace; the business or is operating on a concessionaire or 3. The respondent’s conduct is not allowable as part of a other basis. (Lab. Code, § 350(a).) legitimate labor dispute as permitted by Code of Civil • A federal, state, or local public agency; a city, Procedure section 527.3; and county, district, or public corporation. (Code Civ. 4. The respondent is not engaged in constitutionally Proc., § 527.8(b)(3).) protected activity. Before completing the forms needed to obtain court What forms must be used to get the order? orders under this statute, make certain you meet the 1. Petition for Orders Workplace Violence Restraining definition of “employer” as defined above. Orders (Petition) (Form WV-100). This form tells the The statute differs from other California laws that allow judge the facts of the petitioner’s case and what orders victims of unlawful violence or credible threats of the petitioner and employee want the court to make. violence to ask the court for these orders themselves. If 2. Confidential CLETS Information (Form CLETS-001). anyone other than the employer wishes to apply to the This form will provide law enforcement agencies with court for an order prohibiting harassment, see Can a the information needed to enforce any orders that are Civil Harassment Restraining Order Help Me (Form granted. CH-100-INFO)?. 3. Notice of Court Hearing (Form WV-109). This form tells the parties when the hearing on the petition will be held.

Judicial Council of California WV-100-INFO, Page 1 of 4www.courts.ca.gov How Do I Get an Order to Prohibit Workplace Violence? Revised January 1, 2014, Optional Form (Workplace Violence Prevention)Code of Civil Procedure, § 527.8

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

4. Temporary Restraining Order (TRO) (Form 3. Fill in Confidential CLETS Information (Form WV-110). A TRO can be issued to provide CLETS-001) with as much information as you know. If protection to the employee until the hearing is held. the judge grants the order, the information on this form It can be issued by the judge either with or without will be entered into a statewide protective-order database notice to the respondent. that will be available to law enforcement agencies if the order needs to be enforced.
5. Workplace Violence Restraining Order After Hearing (Order) (Form WV-130). This is the form 4. If you are applying for a TRO, fill out Form WV-110 signed by the court following the hearing. The completely. The petition and the declarations must give order can last for up to three years depending on the details of the recent acts of violence or credible what the judge rules. threats of violence and the problems they have caused your employee. These forms are all mandatory—that is, they must be used in the workplace violence prevention To obtain a TRO, you must notify the respondent of the proceeding. request for the temporary order unless both of the following requirements are satisfied:
6. Proof of Personal Service (Form WV-200). This form is used to show that the other party has been a. It appears from facts shown on the petition that great served with the petition and other forms as required or irreparable injury will result before the matter can by law. be heard on notice; and b. You or your attorney certifies one of the following

Where can I get these forms? to the court under oath: You can get the forms from legal publishers or on the (1) That within a reasonable time before presentingInternet at www.courts.ca.gov. You also may be able to the petition to the court to ask for a TRO, youfind them at your local courthouse or county law informed the respondent or the respondent’slibrary. attorney when and where the request for a TRO Do I need a lawyer? would be made; (2) That you in good faith attempted but wereThe employer may be represented by a lawyer, but one unable to inform the respondent and the is not required by law unless the employer is a respondent’s attorney, specifying the effortscorporation. Because the employer’s lawyer will made to contact them; orgenerally be representing the interests of the employee, the employee usually does not need his or her own (3) That for reasons specified, you should not be lawyer. Whether or not the employer has a lawyer, the required to inform the respondent or the respondent may have one. respondent’s attorney.

What steps are needed to get the court 5. Take your original completed forms and copies to the orders? clerk’s office at the court. You will need at least three copies: one for you, one for the employee, and one to1. Fill in the Petition (Form WV-100) completely and serve on the respondent. If there are other persons to fill in items 1–3 of the Notice of Court Hearing be protected by the order, you will need additional (Form WV-109). If you are seeking a TRO, also fill copies of the TRO. A protected person will need a out Form WV-110. copy of the TRO if it is necessary to call the police. 2. If you are seeking orders based on information from The clerk will file the originals, assign a case number, your employee and others and not based on what you and return the copies “file-stamped” to you. The clerk have personally observed, you must have each of will write your hearing date on the Notice of Court those persons complete a declaration to attach to the Hearing (Form WV-109). Petition (Form WV-100) . You may use Form MC-031, Attached Declaration.

Revised January 1, 2014 How Do I Get an Order to Prohibit Workplace Violence? WV-100-INFO, Page 2 of 4 (Workplace Violence Prevention)

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

6. If you are seeking a TRO (Form WV-110), the clerk 10. After the respondent has been personally served, will tell you where and how to present your proposed the person who served the respondent must order to a judge for consideration and signature. The complete and sign the original Proof of Personal court will decide within 24 hours whether or not to Service (Form WV-200). Take the signed original make the order. Sometimes the court decides right and copies back to the court clerk. The clerk will away. Ask the clerk if you should wait or come back file the original and return “file-stamped” copies to later. If your request for a TRO is granted while you you. Ask the clerk whether you should take a are still at the court, take the signed original back to file-stamped copy to each law enforcement agency the clerk to be filed. that might be called on to enforce the order. If so, do so immediately.

7. If a TRO has been issued, ask the clerk whether you or 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.

8. If the employee does not speak English, when you file your papers, ask the clerk if a court interpreter will be available for the hearing. You may have to pay a fee for the interpreter. If an interpreter will not be provided, you should ask someone who is not listed as a person to be protected on your Petition and who is over age 18 to interpret.

9. Have the respondent personally served with copies of the Petition (Form WV-100), the Notice of Court Hearing (Form WV-109), the TRO (Form WV-110) (if issued), a blank Response (Form WV-120), and a blank Proof of Service of Response by Mail (Form WV-250). You cannot serve the respondent yourself. Service may be made by a licensed process server, the sheriff’s department, or any person 18 years of age or older, other than you, the employee, or anyone to be protected by the order. For help with service, ask the court clerk for Form WV-200-INFO, What Is “Proof of Personal Service”?. Service is essential. It tells the respondent about the order and the hearing. Without it, there cannot be a court hearing, and your temporary orders will no longer be good unless they are extended by the court. The respondent should be personally served immediately after the orders are signed by the judge, unless the court specifies a different time for service.

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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, e-mails, 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 15. If the respondent does not obey the order, call the enforcement agency that might be called on to police. The respondent can be arrested and charged enforce the order. 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 proof of service is necessary. If the respondent did Request for Accommodations not attend the hearing, but the Order issued is the Assistive listening systems, computer-

same as the TRO (except for the termination date), assisted real-time captioning, or sign the Order may be served on the respondent by mail. language interpreter services are available File Form WV-260, Proof of Service of Order After if you ask at least five court days before Hearing by Mail. If the respondent did not attend the hearing. Contact the clerk’s office or the hearing and the Order differs from the TRO, go to www.courts.ca.gov/forms for arrange to have him or her personally served with a Request for Accommodations by Persons copy of the Order. File the completed Proof of with Disabilities and Response (Form Personal Service (Form WV-200) with the court. MC-410). (Civ. Code, § 54.8.) Give a file-stamped copy of the Order and proof of service to your employee and to each other protected For help in your area, contact: person. Keep at least one copy for yourself. [Local information may be inserted.] 14. Once the order is issued, only the judge can change or cancel it. You or the respondent would have to file a request with the court to cancel the order.

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