Protecting Your Employees from Violence
NOTE: The relevant forms were updated in January 2012 and have slight differences. Page numbers will vary from the examples. Updated guide coming soon!
Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance, consult an attorney.
Click here to download this file as a PDF document.
CONTENTS
This packet includes:
Click any image for a close-up look.
BACKGROUND
A workplace violence restraining order is an order, requested by an employer and issued by the court, directing a person not to harass or engage in violence against the employer’s employee. The procedure to obtain a workplace violence restraining order is similar to the procedure used to obtain domestic violence and civil harassment restraining orders. Like domestic violence and civil harassment restraining orders, workplace violence orders are designed to protect a person from being stalked, harassed, sexually assaulted, or threatened. Workplace violence restraining orders differ from domestic violence and civil harassment orders, however; in that they may only be requested by an employer on behalf of the employer’s employees.
IMPORTANT: A workplace violence restraining order may only be requested by an employer on behalf of an employee. To seek protection for yourself, request either a domestic violence or civil harassment restraining order. Only a sole proprietorship may be self-represented (file In Pro Per) when requesting a workplace violence restraining order. Corporations, LLC’s, and other legal entities can only file their request for a workplace violence restraining order through an attorney.
PROCEDURE
Step 1: Preparation
In order to complete the forms necessary to obtain a workplace violence restraining order, you will need to gather:
The name and physical description of the person or persons to be protected.
- The name and physical description of the person to be restrained.
- Any information you will need to describe the last few instances in which the person to be restrained engaged in stalking, harassment, violence, threat, or sexual assault against your employee, including what was said/done and what persons were witnesses.
- If the person to be restrained does not know your residential address, you will want to make sure you use your known business address, or obtain a separate mailing address, such as a P.O. Box, to use on your court papers.
- Restraining order requests must be filed in person by the person requesting the order or an attorney. You will need to plan to have time to file the request at the court. If you file your request before 11:00 a.m., the court will review your request and issue temporary orders and/or set a hearing date at 4:00 p.m. the same day, so you will need to return to the court in the afternoon to pick up the temporary orders. Plan your schedule accordingly.
Step 2: Fill out the Forms
You will need the following forms to request your restraining order:
Form WV-100-INFO, “How Do I Get an Order to Prohibit Workplace Violence,” may also be informative. These forms may be downloaded from www.courts.ca.gov in a fill-able PDF format.
The following local forms required in Sacramento County may be downloadable from www.saccourt.ca.gov:
CIVIL CASE COVER SHEET (CM-010)
Civil Case Cover Sheet (CM-010)
(Click for full-sized version)
This form is used by the court for statistical purposes, and is required when filing any new request for issuance of a workplace violence restraining order.
❑ In the top box that says "ATTORNEY OR PARTY WITHOUT ATTORNEY" type or write your name, mailing address, and optionally, your phone number.
❑ If you do not want the person to be restrained to know your home address, be sure to use a mailing address, such as a P.O. Box, or another address such as your known business address, that will not compromise your safety, but where you can reliably receive mail.
❑ On the line that says "ATTORNEY FOR" type or write "In Pro Per” which is an abbreviation for a Latin phrase meaning you are representing yourself.
❑ In the box below type or write the court's information. In Sacramento, workplace violence restraining orders are handled by the Family Relations Court, located at
3341 Power Inn Rd., Sacramento, CA 95826.
❑ In the box that says "CIVIL CASE COVER SHEET," check the box that says “Unlimited.”
❑ In paragraph 1, check the box for "Other petition," which is the final case type in the lower right corner of the box.
❑ In paragraph 2 indicate that the case is not complex.
❑ In paragraph 3 indicate that you are seeking nonmonetary, declarative or injunctive relief (a workplace violence restraining order does not seek monetary damages).
❑ In paragraph 4, indicate that there is one cause of action.
❑ In paragraph 5, note that this is not a class action lawsuit.
❑ Finally, date, print your name, and sign where indicated.
The second page of the Civil Case Cover Sheet is instructional only, and is not necessary in Sacramento; however, some courts require it to be filed.
PETITION FOR ORDERS TO STOP WORKPLACE VIOLENCE (WV-100), page 1
Petition for Orders to Stop
Violence (WV-100) Page 1
(Click for full-sized image)
❑ In paragraph 1, fill in your information (name, form of business, address, telephone number, and optionally, e-mail address).
❑ Because Workplace Violence Restraining Orders may only be requested by an employer, you must indicate whether the employer is a corporation, a sole proprietorship, or another form of entity. If the employer is anything other than a sole proprietorship, it cannot make this request in court without attorney. If you are completing these forms as a sole proprietor without an attorney, the information about your lawyer is left blank.
❑ In paragraph 2, type or write the full name, gender, and age of the employee that you are seeking to protect.
❑ In paragraph 3 provide as much information as you can about the person from
whom protection is sought. At the very least you must provide a name and an approximate age.
❑ In paragraph 4 check "yes" if there additional persons that you wish to be protected. List information about these other persons on page two.
Otherwise check "no."
PETITION FOR ORDERS TO STOP WORKPLACE VIOLENCE (WV-100), page 2
Petition for Orders to Stop
Violence (WV-100) Page 2
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❑ If there are additional persons to be protected other than the employee listed in paragraph 2 on the first page of the petition, type or write the person's full name, gender, and age. Indicate whether they are a household member of the person listed in paragraph 2, and their relationship to that employee.
❑ In paragraph 5(a) describe how the employee knows the respondent. If you need additional space to write your explanation you may check the box, and attach a page labeled “Attachment 5a” with your explanation at the end of this form.
❑ In paragraph 5(b) indicate whether the respondent is a current employee of the petitioner, and describe why you chose to retain, terminate, or otherwise discipline the respondent. It is likely that you will need additional space, in which case you may check the box and write your explanation on a page labeled "Attachment 5b."
❑ In paragraph 6 check the box or boxes that explain why this case is being filed in Sacramento County. If you check the "Other" box, be sure to explain.
❑ In paragraph 7, mark the "Yes" or "No" box to indicate whether any of the people that you listed in paragraph 4 were involved in any court cases with the respondent, and complete the boxes below to indicate what type of case was filed, the county in which the case was filed, the year the case was filed, and the case number, if you know it.
❑ If any of these cases resulted in restraining orders or criminal protective orders against the respondent that pertain to your employee or any of the other persons to be protected, check the box for "Yes" in paragraph 7(b), and attach copies of the orders if available. Otherwise, check the box for "No."
PETITION FOR ORDERS TO STOP WORKPLACE VIOLENCE (WV-100), page 3
Petition for Orders to Stop
Violence (WV-100) Page 3
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❑ In paragraph 8, describe the conduct giving rise to the Petition. In section 8(a) check the appropriate box or boxes indicating whether the respondent has assaulted, battered, or stalked the employee or made a credible threat of violence.
❑ In section 8(b) check item 8(b)(1) if the activities described in section 8(a) took place at the workplace, and/or item 8(b)(2) if the activity may be reasonably believed to be carried out in the future at the workplace. Regardless of which of these boxes is checked, type or write the address of the workplace in the space provided.
❑ In section 8(c) describe the incidents that are giving rise to the request for a restraining order, beginning with the most recent. If more space is required than given in the lines provided, you may attach an additional page labeled “Attachment 8c.” In addition, the Sacramento County Superior Court has a required local form that requests a detailed description of the last three incidents of harassment or violence, if they exist.
❑ In section 8(d) check the appropriate box indicating whether your employee was harmed or injured. If your employee was harmed or injured, describe the harm or injury in the space provided, or check the attachment box, and write your detailed description on an additional page labeled “Attachment 8d.”
❑ In section 8(e), check the box indicating whether the respondent used or threatened to use a gun or any other weapon. If the respondent used or threatened to use a weapon, describe the use or threat in the space provided, or check the attachment box and write your detailed description on an additional page labeled "Attachment 8e."
PETITION FOR ORDERS TO STOP WORKPLACE VIOLENCE (WV-100), page 4
Petition for Orders to Stop
Violence (WV-100) Page 4
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❑ In section 8(f), check the box to indicate whether the police came to any of the incidents described, and whether an Emergency Protective Order was issued, and if applicable who the order protected. If you have a copy of the order, be sure to attach it to your petition
❑ Paragraph 9 is used to request personal conduct orders to be issued against the respondent. Although boxes 9(a) to 9(f) are frequently all checked, the orders requested should be specific to what is necessary to protect your employee. If other personal conduct orders are requested that are not listed, check box 9(g), and describe the order that is requested. Be sure to check the box next to the words "Personal Conduct Orders" if you check any of the boxes contained within paragraph 9.
❑ Paragraph 10 is used to request stay-away orders to be issued against the respondent. If you are requesting that the respondent be directed to stay away from any person, thing, or location, check the box next to "Stay-Away Orders” and then, in the space provided, write the number of yards that you wish the person to be required to stay away. One yard is equal to 3 feet, so writing 100 in the space provided would request that the court order the person to stay at least 300 feet away from the areas or persons listed in paragraph 5, and the places identified later in sections 10(a)(1) to 10(a)(4).
❑ Use the checkboxes in sections 10(a)(1) to 10(a)(4) to identify the places from which you wish the respondent to be ordered to stay away. The orders requested, if granted, should ideally allow the respondent to get to his home, school, and/or job.
❑ In section 10(b) check the appropriate box to indicate whether granting the stay-away orders requested would allow the respondent to get to his or her home, school, or job. If these orders would prevent any of these things, explain why in the space provided below, or check the box to indicate that you are describing why in an attachment labeled "Attachment 10b." Your description should provide sufficient detail to allow the court to create an exception to the requested stay-away order that would allow the respondent to get to his or her home, school, and job.
PETITION FOR ORDERS TO STOP WORKPLACE VIOLENCE (WV-100), page 5
Petition for Orders to Stop
Violence (WV-100) Page 5
(Click for full-sized image)
❑ If a restraining order is granted, the respondent will not be able to own, possess, purchase, receive, or attempt to purchase a firearm as long as a protective order is in effect. If he or she owns or possesses a firearm, he or she will be ordered to turn the firearm into law enforcement, or sell the gun to a gun dealer. At the bottom of paragraph 11, check the appropriate box to indicate whether the respondent possesses or owns any firearms.
❑ Paragraph 12 is used to identify whether you want the court to issue temporary restraining orders that will remain in effect until the date of the hearing. If you are requesting these orders, check the box that says "Yes" and describe why in the space provided, or check the box indicating that you are providing an explanation in attached document labeled "Attachment 12." As a general rule, temporary restraining orders are only granted if sufficient evidence is presented to show that the safety of the employee necessitates an order being granted without notice, before the hearing to determine whether a long-term restraining order is granted.
❑ Typically, at least five days notice to the respondent is required before a restraining order can be granted. This means that someone over the age of 18 who is not a party in the lawsuit (i.e., not the petitioner, or any protected person), must personally deliver these documents to the respondent at least five days before the hearing, and also complete a proof of service form declaring that the service was performed. In some instances, a shorter notice period may be granted if the petitioner can show that a shorter period of time is necessary. If you are requesting a shorter period of time, check the box in front of paragraph 13 and describe the reasons why a shorter time period is required. You may also check the box indicating that you are providing a more detailed explanation on an additional page labeled "Attachment 13."
❑ In paragraph 14, you may ask the court to waive the filing fee for requesting the restraining order if the respondent has inflicted or threatened violence against the employee, stalked the employee, or has taken some action that placed the employee in reasonable fear of violence. If the restraining orders requested are based purely on harassment, you will need to pay the filing fee or request a
fee waiver.
❑ In paragraph 15 you may ask that the Sheriff or Marshall be directed to serve the respondent without cost because the petition for a restraining order is based upon a credible threat of violence or stalking.
❑ To request that the respondent pay any court costs associated with this lawsuit, check the box in paragraph 16.
PETITION FOR ORDERS TO STOP WORKPLACE VIOLENCE (WV-100), page 6
Petition for Orders to Stop
Violence (WV-100) Page 6
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❑ If you are requesting any other orders, type or write your request in paragraph 17. You may also check the box indicating that you are requesting additional orders on an additional page labeled "Attachment 17."
❑ Type or write the number of pages attached to the Petition in paragraph 18.
❑ Do not sign on the signature line for lawyers.
❑ Do type or write your name and your position and sign and date on the lines provided for the Petitioner.
CONFIDENTIAL CLETS INFORMATION (WV-102)
Confidential CLETS Information (WV-102)
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Fill out as much of this form as you can and give it to the court clerk when you file your Petition and other documents. This form does not get filed. It is confidential. The clerk will enter the information in the form California Restraining and Protective Order System (CARPOS), a state-wide database that lets police know about your orders.
SACRAMENTO LOCAL FORM- ATTACHMENT TO PETITION FOR INJUNCTION PROHIBITING HARASSMENT (FL/E-LP-615)
Attachment to Petition for Injunction
Prohibiting Harassment (FL/E-LP 615)
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Sacramento County Superior Court’s local form, “Attachment to Petition for Injunction Prohibiting Harassment (FL/E-LP-615),” requires you to expand on the information you provided in paragraph 6 of the Judicial Council form, “Petition for Orders to Stop Workplace Violence (WV-100), by extending the description of harassment to the last three incidents. This is so that the court may better understand the respondent’s pattern of behavior.
It is extremely important that your descriptions be legible and clear. Remember that these forms are being read by a person who is learning about the situation for the first time. You will not be able to go in front of the judge on the day it is decided whether temporary restraining orders will be granted. Any temporary orders will be based solely on these written statements.
NOTICE OF COURT HEARING (WV-109), page 1
Notice of Court Hearing (WV-109), Page 1
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❑ In paragraph 1, fill in your information (name, address, and optionally, telephone number).
❑ If you do not want the person to be restrained to know your home address, be sure to use a mailing address, such as a P.O. Box, or another address such as your known business address, that will not compromise your safety, but where you can reliably receive mail.
❑ Since you are completing these forms without an attorney, the “Lawyer for Petitioner” information lines are left blank (you may write “In Pro Per” on the “Name” line to indicate you are representing yourself).
❑ In paragraph 2, type or write the name of the employee you are seeking to protect.
❑ In Paragraph 3, type or write the full name of the person from whom protection
is sought.
❑ Paragraph 4 will be completed by the court, and will indicate the department of the court that will determine whether a restraining order for as long as three years will be issued, and the date and time of the hearing.
❑ The Court will complete paragraph 5.
NOTICE OF COURT HEARING (WV-109), page 2
Notice of Court Hearing (WV-109), Page 2
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❑ If an order shortening time to serve is not requested, write the number “5” in the blank in paragraph 6, on the second page of the Notice of Court Hearing. If an order is requested, the court will complete this number.
NOTICE OF COURT HEARING (WV-109), page 3
Notice of Court Hearing (WV-109), Page 3
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❑ There is nothing to complete on the third and last page of the Notice of Court Hearing.
TEMPORARY RESTRAINING ORDER (WV-110), page 1
Temporary Restraining Order (WV-110), Page 1
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This form is only completed if you request temporary restraining orders in paragraph 12 of the Petition for Orders to Stop Workplace Violence (WV-100).
❑ In paragraph 1, fill in your information (name, address, and optionally,
telephone number).
❑ If you do not want the person to be restrained to know your home address, be sure to use a mailing address, such as a P.O. Box, or another address such as your known business address, that will not compromise your safety, but where you can reliably receive mail.
❑ Since you are completing these forms without an attorney, the “Lawyer for Petitioner” information lines are left blank (you may write “In Pro Per” on the “Name” line to indicate you are representing yourself).
❑ In paragraph 2, type or write the full name of the employee you are seeking to protect.
❑ In paragraph 3, type or write the full name of the person from whom protection is sought, and copy the description of that person from the Petition for Orders to Stop Workplace Violence (WV-100).
❑ In paragraph 4, list any other persons to be protected by the restraining order. This information should be copied from paragraph 4 of the Petition for Orders to Stop Workplace Violence (WV-100).
❑ The court will complete paragraph 5 with the date and time of the hearing on whether to grant a long-term order.
TEMPORARY RESTRAINING ORDER (WV-110), page 2
Temporary Restraining Order (WV-110), Page 2
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❑ In paragraph 6, check "Not Requested" if you did not request temporary orders in paragraph 9 of the Petition for Orders to Stop Workplace Violence (WV-100). If temporary orders were requested, do not check “Granted” or “Not Granted.” The court will choose the appropriate box. If temporary orders are requested, check the boxes that match the boxes from paragraph 9 of the Petition for Orders to Stop Workplace Violence (WV-100).
❑ In paragraph 7, check “Not Requested” if you did not request temporary orders paragraph 10 of the Petition for Orders to Stop Workplace Violence (WV-100). If temporary orders were requested, do not check “Granted” or “Not Granted.” The court will choose the appropriate box. If temporary orders are requested, check the boxes that match the boxes from paragraph 10 of the Petition for Orders to Stop Workplace Violence (WV-100).
❑ Check box “c” in paragraph 8 if you checked “Yes” in paragraph 11 of the Petition for Orders to Stop Workplace Violence. Otherwise, do not check anything.
TEMPORARY RESTRAINING ORDER (WV-110), page 3
Temporary Restraining Order (WV-110), Page 3
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❑ In paragraph 9, check “Not Requested” if you did not request other orders in paragraph 17 of the Petition for Orders to Stop Workplace Violence (WV-100). If other orders were requested, do not check "Granted" or "Not Granted." The court will choose the appropriate box. If other orders are requested, check the boxes that match the boxes from paragraph 17 of the Petition for Orders to Stop Workplace Violence (WV-100).
❑ The Court will complete paragraphs 10, 11, and 12.
TEMPORARY RESTRAINING ORDER (WV-110), page 4
Temporary Restraining Order (WV-110), Page 4
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There is nothing to fill out on the fourth and last page of the Temporary Restraining Order; it is purely informational. The Clerk will certify the document.
COMPLETING THE REQUEST AND ORDER FOR FREE SERVICE OF RESTRAINING ORDER (FL/E-LP-635) (local Sacramento County form)
Request and Order for
Free Service of Restraining
Order (FL/E-LP-635)
(Click for full-sized image)
In Sacramento County, if a fee waiver is granted, the protected party may have the Sheriff serve the restraining order without cost on the restrained party.
Even if a protected person would not financially qualify for a fee waiver, restraining orders based upon a credible threat of violence or stalking can be served by the Sheriff at no cost. To request this free service, the Sacramento County Superior Court has a local form, “Request and Order for Free Service of Restraining Order (FL/E-LP-635).” If this order is granted, you may have the Sherriff’s department serve your restraining orders at no cost.
❑ To complete this form, put your name, address, and telephone number in the box that says “Attorney or Party without Attorney.” In the line that says “Attorney for:” write “In Pro Per” to indicate you are representing yourself.
❑ The court’s address is already completed on the form.
❑ Type or write your name and address where indicated in paragraph 1.
❑ Type or write the full name of the person you are seeking protection from in paragraph 2.
❑ In paragraph 3, check box b, and then check box (1) or (2), or both, as appropriate. If neither of these apply, you will need to pay the Sheriff’s fee for service. If you will not be using the Sheriff to serve your restraining order or plan on paying the Sheriff’s fee, you will not need to complete this form.
❑ Date, print your name, and sign where indicated in the top portion of the form. A judge or a clerk will sign in the signature line in the bottom portion of the form after checking whether the Sheriff will serve with or without a fee.
Step 3: FILING YOUR PAPERS
Take the original of all of the forms that you completed to the Family Relations Courthouse at 3341 Power Inn Rd., Sacramento, CA 95826, on the first floor in family law filing. The request must be turned in by the person seeking protection, or by the person seeking protection's attorney. Unlike most court forms, the court only accepts the original, and will make all of the necessary copies.
In Sacramento, if you file your request before 11:00 a.m., the court will issue a ruling on your temporary orders the same day. You will be instructed to return to the courthouse later in the day to receive your order. Return to the courthouse later that day when instructed, and wait for your name to be called. When called to the window, the clerk will hand you your notice of hearing with temporary orders (if they are granted).
Step 4: DELIVER TO LAW ENFORCEMENT
If temporary orders were made, deliver a copy of the temporary orders to the law enforcement agency or agencies listed in paragraph 10 of the Temporary Restraining Order (WV-110).
Step 5: SERVICE ON THE PERSON YOU ARE SEEKING PROTECTION FROM
Proof of Personal
Service (WV-200)
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The person you are seeking protection from must be personally served with all of the documents listed in paragraph 6 of the Notice of Court Hearing (WV-109). Please be aware that the forms to be served include a number of blank forms for the person being restrained to use, plus an informational handout.
The Sheriff’s office, a process server, or someone over the age of 18 who is not a party in the case must deliver these documents to the person to be restrained and complete the Proof of Personal Service (WV-200) form. Before serving:
❑ In paragraph1, type or write your name (the name of the employer/petitioner).
❑ In paragraph 2, type or write the name of the employee to be protected.
❑ In paragraph 3, type or write the name of the person to be restrained.
❑ In paragraph 5, check boxes a, b, d, and e. If temporary orders were issued, check boxes c and g.
❑ After the person to be restrained has been handed a copy of all of the documents checked in paragraph 5 on the Proof of Personal Service, the person who served the documents completes the form with the date and time the documents were served and the address at which service occurred.
❑ Then the person who served the documents writes his or her information in paragraph 7, and then dates and signs the Proof of Personal Service.
Step 6: FILE AND DELIVER THE PROOF OF SERVICE
Make two (2) copies of the completed and signed Proof of Personal Service form, and file them with the court. The court will return a stamped copy to you. If temporary orders were made, deliver a copy of the Proof of Personal Service to the law enforcement agency or agencies you delivered a copy of the temporary orders to in Step 4.
Step 7: REVIEW THE RESPONSE, IF ANY
The person to be restrained may choose to oppose your request for a restraining order, in which case he or she would have you served, usually by mail, with a copy of this response prior to your hearing date. Be sure to review the response received so that you may anticipate what he or she will present in court.
Step 8: ATTEND YOUR HEARING
At the date, time, and department of your hearing, arrive early and wait for the courtroom to open. The calendar of cases to be heard that day will be posted next to the courthouse door. Take this time to make sure that your case is listed on the docket.
When the courtroom opens, check in with the court attendant. Whether the other side appears or not, you will need to present your case to the judge. Be prepared to explain clearly and concisely to the court why it should grant your request. Be sure to bring any documents or witnesses that you will need to prove your case. If you do not attend your hearing, your request for a restraining order will be denied, and any temporary orders will expire.
Step 9: DELIVER TO LAW ENFORCEMENT
If a restraining order is granted, deliver a copy of the order to the law enforcement agency or agencies listed in paragraph 10 of the Temporary Restraining Order (WV-110).
Step 10: SERVE RESTRAINED PERSON
If your request for a restraining order is granted, someone over the age of 18 who is not a party to the case will need to serve the restraining order on the restrained person. The service is done the same way service was done in Step 5; however, only check boxes f and g in paragraph 5, and serve only the Restraining Order After Hearing to Stop Workplace Violence (WV-130) and the Proof of Firearms Turned In or Sold (blank form WV-800).
Step 11: FILE AND DELIVER THE PROOF OF PERSONAL SERVICE
The Proof of Personal Service completed in Step 10 is filed with the court, and a copy is delivered to each of the law enforcement agencies listed in paragraph 10 of the Temporary Restraining Order (WV-110).
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.