Workplace Violence

Under California law (Code of Civil Procedure ยง 527.8), an employer whose employee has suffered violence or threat of violence at the workplace may seek a temporary restraining order, and an injunction prohibiting harassment.

The plaintiff must be an employer with standing to bring this action. An employer is defined under Section 350(a) of the California Labor Code as, "every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis."

Harassment may include, but is not limited to, unlawful violence, or a credible threat of violence construed to have been carried out or has been carried out at the workplace.

The protective order can be enforced by law enforcement agencies after the defendant has been served.

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© 2009 Superior Court of California, County of Tuolumne