Workplace Violence Restraining Orders in California

Updated November 12, 2020

A workplace violence restraining order is a court order obtained by an employer for the purpose of protecting an employee from a threat of violence, immediate danger, or abuse at the workplace. The abusive co-worker is referred to as a restrained party, while the person protected in the order is known as the protected party. Restraining orders in California are also known as protective orders.

California law recognizes three other types of protective orders. These are:

• domestic violence restraining orders,
• elder abuse orders, and
• civil harassment restraining orders.

A protective order in California can remain in effect for up to five years.

If a restrained party violates it during this time, he/she commits a criminal offense per Penal Code 273.6 PC.

The offense is typically charged as a misdemeanor (as opposed to an infraction or a felony) and is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.

Note that most restraining orders prohibit a restrained party from:

• possessing,
• owning, or
• purchasing a firearm.

Our California criminal defense attorneys will highlight the following in this article:

• 1. What is a workplace violence restraining order?
• 2. How long does the order last?
• 3. What happens if a restrained person violates the order?
• 4. Can a restrained person possess a firearm?
• 5. How does an employer get a workplace violence restraining order?
• 6. Does a protective order show up on a background check?

1. What is a workplace violence restraining order?

A workplace violence restraining order is obtained by an employer on behalf of an employee.¹ The employer files for the order in order to protect the employee from:

• credible threats of violence,
• immediate danger, or
• abuse at the workplace.²

Note that an employee cannot request this type of order. If he/she seeks protection from a co-worker, the party must ask for either:

• a civil harassment protective order, or
• a domestic violence protective order.

2. How long does the order last?

The maximum length of a California protective order is five years from the court date or court hearing date upon which the order was issued.³

Some orders, though, are only valid for months or even days. Examples of these types include:

• temporary restraining orders (or “TROs”),⁴ and
• emergency protective orders.⁵

3. What happens if a restrained person violates the order?

Per Penal Code 273.6 PC, it is a criminal offense if a restrained person violates a restraining order.

A prosecutor must prove the following to convict a person under this law:

1. a court lawfully issued a protective order,⁶
2. the defendant knew of the court order,
3. the defendant had the ability to follow the court order, and
4. the accused willfully violated the court order. ⁷

A violation of Penal Code 273.6 is a misdemeanor in most cases.

The crime is typically punishable by:

• imprisonment in the county jail (as opposed to state prison) for up to one year, and/or
• a maximum fine of $1,000.⁸

4. Can a restrained person possess a firearm?

Most restraining orders make it illegal for a restrained party to own, possess, or purchase a firearm for as long the order is in effect.

A person that violates these prohibitions can be charged of a crime under Penal Code 29825 PC.

5. How does an employer get a workplace violence restraining order?

An employer can get a protective order by going to court (usually a California Superior Court) and completing the necessary restraining order forms. Alternatively, the person’s attorney can complete the forms.

A restraining order is considered a type of self-help.

In applying for the order, the employer must describe why it is requesting protection from another party. Once complete, the party files the forms with the court clerk and is obligated to pay a filing fee (unless a fee waiver applies).

A judge then reviews the forms and decides whether or not to issue a temporary restraining order. If issued, the order will usually last for 21 days.⁹

Following the issuance of the TRO, the court will determine whether or not to issue a permanent restraining order after hearing evidence on the matter. Prior to this hearing, notice of court hearing must be given to the restrained party via a process server.¹⁰

Once the notice is given, the restrained party can contest the restraining order by attending the hearing. During this proceeding, he/she has the opportunity to explain, excuse, justify, or deny the alleged harassment or threatening behavior.¹¹

If the evidence shows that the protected party warrants a restraining order, the court issues one. The order then remains in effect for five years.¹²

6. Does a protective order show up on a background check?

The fact that a restrained party had a restraining order issued against him/her typically will not show up on a background check.

Protective orders are civil in nature as opposed to criminal. This means the legal proceedings that involve the orders take place in civil court rather than a criminal court.

Because of this, the orders normally will not appear on a criminal background check.

With that said, however, some companies and parties perform intensive checks. A restraining order may show up then if an entity runs a detailed report.

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. Our law firm serves clients across the State of California, including those in the Los Angeles area.

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Legal References:

1. See California Courts website, workplace violence restraining order.
2. See same.
3. California Code of Civil Procedure 527.6 CCP.
4. See California Code of Civil Procedure 527.6d CCP.
5. See California Code of Civil Procedure 646.91 CCP.
6. People v. Gonzalez (1996) 12 Cal.4th 804; and, In re Berry (1968) 68 Cal.2d 13.
7. CALCRIM No. 2701 — Violation of Court Order, Protective Order, or Stay Away. Judicial Council of California Criminal Jury Instructions (2017 edition).
8. California Penal Code 273.6 PC.
9. California Code of Civil Procedure 527.6f CCP.
10. See same.
11. California Code of Civil Procedure 527.6h CCP.
12. California Code of Civil Procedure 527.6f CCP.