Órdenes de Restricción

For the purpose of getting a workplace violence restraining order, “workplace violence” can be defined as either “unlawful violence” or a “credible threat of violence.”

“Unlawful violence” is assault, battery, or stalking.¹ Importantly, the unlawful violence must have taken place at the workplace,² which includes following an employee to or from work or during work hours.³

A “credible threat of violence” is a statement or repeated acts (“course of conduct”) that:

• would reasonably cause a person to fear for his/her safety or the safety of an immediate family member; and
• serves no legitimate purpose.⁴

It must be reasonably understood (construed) that the credible threat of violence could be carried out at the workplace² whether that happens in person, over the phone, by mail, or online.³

¹ Cal.C.C.P. § 527.8(a), (b)(7)
² Cal.C.C.P. § 527.8(a)
³ Cal.C.C.P. § 527.8(b)(1); see also California Courts website
⁴ Cal.C.C.P. § 527.8(a), (b)(1), (b)(2)