A restraining order is an official legal document issued by the court. It typically states that a restrained person (the abuser) can’t contact or approach the protected individual. Its purpose is to protect the abused from receiving any form of harassment, including getting stalked or verbally threatened, from the restrained person.
Like most other states, California has four types of restraining orders. These are domestic violence, elder and dependent adult abuse, civil harassment, and workplace violence. You can file for one, depending on your case.
Out of the four forms of restraining orders, a workplace violence restraining order is one of the most commonly issued in California. What separates it from the rest is that it temporarily prevents someone from harassing or threatening an individual at work. In addition, unlike other restraining orders in California, the petition can only be filed by an employer. The problem is that restraining orders, including one specifically for a workplace, are often violated by restrained individuals. So, what can employers do in case of a California restraining order violation? Here are the steps to take:
- Prove That The Violation Happened
It’s not enough to accuse workers of violating a workplace violence restraining order. You must prove that they’ve actually done it. The idea is to have all your facts right and proof airtight. So, how can you prove this violation?
The first thing you should do is gather pieces of evidence of the breach. The best way to do this is to document everything that happened. It would help if you could take pictures or videos of the incident. Also, don’t forget to include writing down all the relevant pieces of information. Indicate when and where it happened and who was present during the incident. If there are witnesses, you can ask them to write statements about what they saw.
If there have been any voicemail messages that indicate sexual harassment or threat, make sure you have audio copies of them. It’s also a good idea to print out any social media posts and emails of the same.
Lastly, if the restrained attacked the protected person physically, make sure to get copies of their medical report from a registered physician.
- Notify The Nearest Police Station
After gathering all the pieces of evidence, call the nearest police station. Don’t ever try to handle things yourself. And when the police officers get to your office, it’d be best to show them copies of the order. This way, they know what is covered and what the worker has violated. Do it before presenting the evidence.
After going through the restraining order and the pieces of evidence, the police officers may arrest the violator if needed. That’s why getting their names is a good idea, especially if you plan to follow up on the case.
- Work With A Lawyer
Even after informing the police about what happened, it’s still best to call a lawyer and ask for legal assistance. It’s especially true if you want to file civil contempt against the restrained worker for violating the court order. An attorney will help you with the entire process. A successful civil contempt charge can result in jail time for the abuser or at least a fine.
Working with a lawyer is also essential if you feel the police officers didn’t perform their duties appropriately after being notified of the incident.
- File Charges Against The Violator
Now that you already have an attorney working with you on the case, it’s time to proceed and file appropriate charges against the violator. It will help ensure that the restrained person doesn’t repeat the breach of the order in the future. With the lawyer’s help, you can ask the judge to find the accused person in contempt of court. The violator could be charged with up to five days in jail for every violation.
However, the consequences of a contempt action can be severe for the violator. As such, you want to use it only when you do not have any other choice. In this case, especially if you feel the restrained person won’t stop violating the restraining order.
If you want to proceed and file charges, ensure that you have detailed descriptions of the incident. Take note of the time, dates, witness statements, photos, police records, medical reports, etc.
Conclusion
When a worker violates a workplace violence restraining order, it can mean anything, but most importantly, it’s dangerous for everyone involved. You don’t want to risk your staff’s safety when this happens.
The first thing to do is to gather all the evidence proving that a violation happened. Then, call the police. They’ll help you remove the restrained person from the premises or arrest the violator if needed. Also, if you think that a criminal charge is necessary, ask a lawyer to help you file one against the restrained person. Taking these steps will not only protect the victim’s welfare but might help persuade the restrained person to reconsider his actions and respect the rule of law.
