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Thursday, April 2, 2020

Workplace Violence Restraining Order

Workplace Violence Restraining OrderRestraining Orders 

Restraining orders may be brought by anyone to stop someone else from harassing them, threatening violence or committing violence against them. There are five types of Restraining Orders: Domestic Violence Restraining Orders, Civil Harassment Restraining OrdersElder or Dependent Adult Abuse Restraining Orders, Workplace Violence Restraining Orders and Gun Violence Restraining Orders. Once a Temporary Restraining Order or permanent Restraining Order is granted it has the force of law and a violation of the Restraining Order can cause the offender to be charged criminally. 

Workplace Violence Restraining Order 

A Workplace Violence Restraining Order is essentially identical to the other Restraining Orders except that the EMPLOYER can bring the Restraining Order on behalf of his EMPLOYEES. Examples of when these sorts of Orders are applicable is when a former employee is harassing/threatening violence /being violent toward the current employees/employer or when a customer is harassing /threatening violence/being violent toward the employees/employer. The major difference is that the employer does not necessarily have to be harassed to get the order, he can get an Order on behalf of his employees only OR for himself and his employees.

The process for obtaining Workplace Violence Restraining Order is the same as for the other Restraining Orders: First the party asking for the order submits a Temporary Restraining Order (TRO) request through their attorney which usually includes a statement from the party describing what is happening and why they want the Order. Generally, the Judge only looks at the Petitioner’s request for a TRO and makes a decision without a hearing and without input from the other party. The other party does not even need to be advised of the TRO request although the court prefers they be notified. If the court grants the TRO (and also if it denies the TRO) a hearing is held 21-25 days later. At that hearing both sides may put on witnesses or other evidence to prove/disprove the case. If a Restraining Order is granted at that later hearing it can last for 3 years or longer and be renewed with good cause by the Petitioner. The granting of a permanent Restraining Order designates the person restrained as a violent person and appears on background checks similar to a criminal conviction. Even if no criminal case is filed against the person who committed the misconduct, the court can still find there is enough evidence to grant a Workplace Violence Restraining Order. Attorney Will Bruzzo has successfully represented clients on Workplace Violence Restraining Orders and is ready to represent you and offer a free consult. Tel. (714) 547 4636.

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