When to ask for a workplace restraining order?
You ask for a restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace. An employee CANNOT ask for a workplace violence restraining order.
Can a restraining order protect a person from harassment?
Unlike restraining orders on conviction, there is no power to protect a person from fear of violence that falls short of harassment where the defendant has been acquitted. Harassment is not defined in the PHA 1997, except that it includes causing a person alarm or distress. For further guidance see Stalking and Harassment.
Can a court make a restraining order after acquitting?
Section 12 of the DVCVA 2004 introduced section 5A into the PHA 1997, which allows the court to make a restraining order after acquitting a defendant of any offence if the court considers it necessary to do so to protect a person from harassment from the defendant.
What happens if you get a restraining order on an ex?
A restraining order places restrictions on their interactions with you. If they violate the restraining order, they could be arrested. Many states have a legal distinction between civil harassment and domestic abuse. Domestic abuse is between close family members and people currently or formerly in a romantic relationship.
Can an employer get a restraining order against an employee?
While an employee may go to court and obtain a personal restraining order, California Code of Civil Procedure Section 527.8 allows an employer to go to court to obtain temporary and permanent restraining orders even though the employee has not filed for a personal restraining order.
What kind of restraining order can I get?
A restraining order is a type of court order that prevents you from going near a family member or a person with whom you have had a personal relationship because the person has accused you of abuse, stalking or harassment.
How does an employer respond to a protection order?
An employer has a vital role to play upon learning that an employee has obtained a Protection Order due to domestic violence, sexual violence, or stalking. If an employee chooses to share this information, a supportive response is critical to enhancing their safety and security, including:
When does a restraining order go into effect?
In many cases, a judge issues temporary restraining orders the same day that paperwork is submitted to the court. The temporary restraining order will remain in effect pending a hearing on whether a permanent injunction should be issued.