Safeguarding Your Workplace: The Necessity of California Workplace Violence Restraining Orders

Workplace safety is a critical concern for employers across California. With the rising instances of workplace violence, it’s essential to take proactive measures to protect your employees. One of the most effective tools available is a Workplace Violence Restraining Order. This Order issued by the Superior Court is crucial not only for ensuring the safety of your workforce but also for protecting your business from potential liability.

Under current California law, employers can seek a restraining order against an employee who has acted violently or made threats of violence against coworkers. This law is designed to protect employees and their immediate family members. Beginning in January 2025, the law will expand to include workplace misconduct involving harassment that “seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.”

A restraining order can prohibit the violent or threatening individual from reporting to the workplace or being within a specified distance from an employee’s home or other locations. It also prohibits communication with the employee. Violating the restraining order can lead to arrest and criminal prosecution.

As an employer, you have a legal and ethical obligation to provide a safe working environment. When a credible threat or act of violence occurs, the ramifications extend beyond immediate physical harm. Failure to address such threats can lead to severe legal consequences, including lawsuits, workers’ compensation claims, and penalties for not maintaining a secure workplace. Additionally, the reputational damage from a workplace violence incident can be irreparable, affecting employee morale, customer trust, and overall business operations.

A Workplace Violence Restraining Order can help mitigate these risks by legally prohibiting the threatening individual from approaching your employees or entering your workplace. This order is a powerful tool that enhances the safety of your team and demonstrates your commitment to their well-being.

At Quinn & Dworakowski, LLP, our Irvine-based family law firm is dedicated to assisting employers in navigating the complexities of workplace violence restraining orders. With years of experience and a deep understanding of California’s legal landscape, we ensure that the necessary legal protections are in place, allowing you to focus on running your business.

About The Author

Stephane Quinn

Attorney Stephane Quinn is an experienced divorce and family law attorney and Certified Family Law Specialist (California Bar Board of Legal Specialization). As founding partner of Quinn & Dworakowski, LLP, he focuses on fathers' rights, complex custody cases, and high-asset divorces. Admitted to the California Bar in 2010 (SBN #278188), he has been recognized as: Super Lawyers Rising Star (Since 2017) Cum laude graduate from California State University, Long Beach Juris Doctor from Fowler School of Law in Orange Fluent in French, Attorney Quinn aggressively protects clients' rights in Orange County family courts.

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