More information is available at: http://www.courts.ca.gov/1045.htm
Restraining orders - workplace violence
- What is a Workplace Violence Restraining Order?
- What forms do I need?
- After I have completed the forms, what do I do?
- Is there a filing fee?
- Where do I file my forms?
- What if I need an interpreter?
- When will I get my order?
- How do I get the other party served?
- What if I can't get the restraining order served in time for the hearing?
- Where can I find someone to help me?
An employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. An employee may not seek a Workplace Violence Restraining Order on his or her own behalf.
To apply for a Workplace Violence Restraining Order you will need the following forms to get started:
Make three copies of the completed Petition for Workplace Violence Restraining Order (WV-100). Staple the original (and copies), then take the completed Request for Workplace Violence Restraining Order (WV-100) and two copies, the Confidential CLETS Information (CLETS-001), the Notice of the Court Hearing (WV-109), and the Temporary Restraining Order (WV-110) to the courthouse for filing.
Present completed forms and copies to the new filings clerk (unless otherwise specified) in Room 103 of the Civic Center Courthouse.
If you will need an interpreter at your Restraining Order Hearing, tell the clerk in Room 103 when you file your restraining order forms so that one may be arranged for you.
- Information Sheet on Waiver of Court Fees and Costs (FW-001-INFO)
- Request to Waive Court Fees (FW-001)
- Order on Court Fee Waiver (FW-003)
If you file your petition before 10 a.m., you may pick-up your restraining order the same day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.
If you file your petition after 10 a.m., you may pick-up your restraining order the next court day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.
Please pick up your order promptly to allow enough time to have the defendant(s) served with the Temporary Restraining Order and Notice of Court Hearings.
You can choose one of three ways to serve the defendant:
You can go through the Sheriff’s Department (located in City Hall, Room 456 on the 4th Floor), or any law enforcement officer.
There is a fee unless you have a granted fee waiver to go through the Sheriff’s Department.
Any person who is at least 18 years old and is not a party to the action can serve the defendant on your behalf. Make sure the person fills out the Proof or Personal Service (WV-200).
Hire a process server. You can find one online by searching in a web brower for "process server." Make sure you get the completed Proof of Service form from the process server.
A Proof of Service must be completed and signed by the person who serves the other party. You must file the Proof of Service in Room 103 and bring a copy to your court hearing.
There are two ways you can continue your court date on your Workplace Violence case.
- If you were not able to serve the defendant, you will need to request the Court to reissue the temporary restraining order. This request is made by completing the Request to Continue Court Hearing (WV-115) and the Order on Request to Continue Hearing (WV-116). The forms must be completed and filed along with a copy of your prior Temporary Restraining Order (WV-110), a minimum of two days before the date of your scheduled hearing.
- You also may orally request a continuance in Court during your hearing. If your request for continuance is granted, the Judge will sign an Order on Request to Continue Hearing (WV-116) form and set a new hearing date.
Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.
The ACCESS Center can show you how to fill out the forms you will need, explain the filing process, and help you prepare for Court.