Restraining Orders in the Workplace: Understanding Workplace Violence Prevention Orders

Workplace violence is a serious and growing concern across California, and San Diego is no exception. Whether threats come from a disgruntled former employee, a client with a history of aggressive behavior, or someone whose conduct has escalated over time, employers and employees alike need to understand what legal tools are available. One of the most powerful is the Workplace Violence Prevention Order, a civil restraining order designed specifically to protect people in the workplace.

What Is a Workplace Violence Prevention Order in California?

A Workplace Violence Prevention Order is a civil court order that restrains a person from committing violence or threats at a workplace.

Under California Code of Civil Procedure Section 527.8, employers and, since 2025, collective bargaining representatives have the right to seek a temporary restraining order (TRO) and injunction on behalf of employees, including independent contractors, volunteers, and board members who have suffered unlawful violence, harassment, or a credible threat of violence at work. Note: The statute explicitly excludes constitutionally protected activities, such as lawful labor picketing or speech. This law applies when the violence, harassment, or threat occurred in the workplace or when a reasonable person would believe it would be carried out at work.

The employer or collective bargaining representative files the petition, not the individual employee. Before filing, however, the employer or union must offer the affected employee an opportunity to decline being named in the order. That distinction matters because it places the legal burden and responsibility on the business entity or union, which also means a broader scope of protection can apply to multiple employees when necessary.

Who Can File for a Workplace Violence Restraining Order?

In California, an employer or a collective bargaining representative may file for a Workplace Violence Prevention Order on behalf of one or more employees.

This is different from other types of civil harassment or domestic violence restraining orders, where the person being threatened files on their own behalf, typically. Under Section 527.8, the employer or labor union acts as the petitioner. The employee at risk does not need to file anything independently and retains the right to opt out of being named in the petition, though their testimony and documentation will be central to the case.

There is an important exception: if an employee is also a victim of domestic violence, sexual assault, or stalking that has crossed into the workplace, they may have additional legal avenues available under other California statutes.

What Conduct Qualifies Under This Law?

Qualifying conduct includes unlawful violence such as assault or battery, statutory workplace harassment, or a credible threat of violence that would make a reasonable person fear for their safety.

California law defines a credible threat of violence as a knowing and willful statement or course of conduct that would place a reasonable person in fear of their safety or the safety of their immediate family. The law also covers workplace harassment—defined as a willful course of conduct that serves no legitimate purpose and causes substantial emotional distress—though obtaining an order on harassment grounds requires clear and convincing evidence. The threat does not have to involve a weapon or physical contact to qualify. Verbal threats, written messages, emails, and even patterns of harassing behavior can meet the legal threshold.

Courts in San Diego County evaluate the totality of circumstances. Documentation, witness statements, prior incidents, and communication records all play a role in whether a judge grants the order.

How Does the Process Work?

The employer or union representative files a petition in civil court, a judge reviews it, and a temporary order may be granted the same day before the restrained person is notified.

The process begins when the employer or collective bargaining representative completes a Judicial Council form (WV-100) and submits it to the San Diego Superior Court. A judge can issue a TRO immediately, often without the restrained person present, if the petition demonstrates sufficient grounds. This is called an ex parte hearing.

The TRO typically lasts up to 21 days, or up to 25 days if good cause is shown. During that period, the court schedules a full hearing at which both sides present their cases. If the court finds sufficient evidence, it can issue a permanent injunction for up to three years. Violating a workplace violence restraining order is a criminal offense under California Penal Code Section 273.6.

What Protections Does the Order Provide?

A Workplace Violence Prevention Order can prohibit contact, require the restrained person to stay away from the business, and bar possession of firearms.

The order can require the restrained individual to:

• Stay a specified distance away from the workplace, employees named in the order, and their homes or vehicles
• Have no direct or indirect contact with protected employees
• Surrender any firearms in their possession under California law.

These protections apply immediately upon service of the TRO. Law enforcement can enforce the order, and any violation can result in arrest and criminal prosecution.

What If You Are the Person Restrained?

If a Workplace Violence Prevention Order has been filed against you, you have the right to contest it at the scheduled court hearing.

Being named in a workplace restraining order can have serious consequences, including effects on your employment, professional licenses, and firearm rights. The allegations need not be accurate to carry weight, and without a strong legal response, a temporary order can become a three-year injunction.

At the full hearing, you have the right to present evidence, call witnesses, and challenge the employer’s or union’s claims. You may also assert statutory defenses if the restricted conduct falls under constitutionally protected activity, such as official labor disputes. The outcome depends heavily on preparation and how effectively the evidence is organized and presented before the court.

How The Law Office of George Gedulin Can Help

Workplace restraining order cases can move fast and carry real consequences on both sides. At The Law Office of George Gedulin, we handle these matters with the attention they deserve. Our practice is intentionally focused and client-centered, which means every case receives direct, substantive attention rather than being passed off to junior staff. We regularly handle high-stakes, litigation-heavy matters involving serious allegations, and we appear on behalf of both employers seeking protection and individuals contesting orders filed against them.

If you are facing a workplace violence restraining order situation in San Diego, reach out to us before the first hearing. Call 858-943-6591 or contact us to speak with our team about your circumstances.