Stopping Workplace Harassment in California: Restraining Order
Workplace harassment California employees endure can take a serious toll, affecting both professional performance and personal wellbeing. Significantly, recent changes to California law have expanded your options for protection. Senate Bill 428, which took effect in 2022, transformed how workers can seek restraining orders against harassers—even when the harassment comes from someone outside traditional employment relationships.
Understanding this legal tool is crucial for anyone facing threatening or harassing behavior at work. This guide walks you through the step-by-step process of obtaining a workplace harassment restraining order, from documenting incidents to enforcement.
California's Workplace Harassment Restraining Order Law
What California Law Allowed Before SB 428
California Code of Civil Procedure Section 527.8 historically authorized employers to seek temporary restraining orders only under limited circumstances. Before January 1, 2025, employers could petition for workplace violence restraining orders based on two specific grounds. The first involved situations where someone assaulted, battered, or stalked an employee. The second covered cases where an individual made a credible threat of violence, defined as knowing and willful statements or conduct that would place a reasonable person in fear for their safety or the safety of their immediate family [1].
Courts proved less inclined to grant restraining orders when behavior fell short of violence or explicit threats. This gap left employers without legal recourse in situations involving persistent, distressing conduct that had not yet escalated to physical danger. The existing framework required waiting until harassment intensified into actionable violence or credible threats.
How SB 428 Expanded Protection Against Harassment
Senate Bill 428, signed by Governor Newsom on September 30, 2023, and effective January 1, 2025, fundamentally changed workplace harassment california law by adding harassment as grounds for restraining orders [1]. The legislation amended Section 527.8 to define harassment as "a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose" [1].
The statute specifies that qualifying conduct must meet objective and subjective standards. The behavior must be such that it would cause a reasonable person to suffer substantial emotional distress, and it must actually cause substantial emotional distress to the targeted employee [1].
To obtain a temporary restraining order based on harassment, employers must present clear and convincing evidence of four elements:
- The employee has suffered harassment by the respondent
- Great or irreparable harm would result to the employee
- The course of conduct served no legitimate purpose
- The order would not prohibit constitutionally protected speech or activities under the National Labor Relations Act
Legislative history illustrates this expansion through a specific scenario. A sixty-five-year-old man became obsessed with a twenty-four-year-old employee, repeatedly visiting her workplace and calling up to 100 times daily for months [1]. Initially, he made no threats of violence, simply expressing his affection. Both the victim and business felt helpless until his repeated rejections eventually led to violent threats [1]. Supporters argued employers should not wait for such escalation before seeking court intervention.
The law includes employee privacy protections. Before filing a petition, employers must provide the targeted employee an opportunity to decline being named in the temporary restraining order [1]. An employer can still seek protection for other employees even when one declines to be named [1].
Moreover, SB 428 expressly prohibits courts from issuing restraining orders that would restrict speech or activities protected by the National Labor Relations Act, constitutional protections, or other specified provisions governing public employee communications [1].
Why This Change Matters for California Workplaces
This legislative shift addresses a recognized gap in employee protection. Harassment often proves just as damaging as physical threats, leading to decreased productivity and workplace morale [1]. Employees can now receive legal protection before situations deteriorate into violence.
The law provides employers with early intervention tools. Rather than waiting for conduct to escalate, businesses can proactively address distressing behavior that creates unsafe working conditions [1]. This allows for timely prevention of situations that might otherwise progress to dangerous outcomes.
The simplified legal process removes the burden of proving assault, battery, stalking, or credible violence threats. Employers can focus on demonstrating the harassing conduct and its emotional impact, potentially expediting protective order issuance.
When You Can Seek a Workplace Harassment Restraining Order
Defining Harassment Under California Law
Only employers can file for workplace harassment restraining orders in California [2]. Employees cannot petition for this specific type of protection. If you face harassment and want individual protection, you must pursue a different restraining order type, such as a civil harassment or domestic violence restraining order.
An employer filing on behalf of staff can protect various categories of workers. Volunteers, part-time employees, independent contractors, and board members all qualify as employees under this statute [2]. The employer can seek protection for one person or multiple employees simultaneously.
The respondent must be an individual. Employers cannot obtain workplace harassment restraining orders against corporations or businesses [2].
Harassment under Section 527.8 requires a "knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose" [3]. This course of conduct represents a pattern of actions over time, regardless of duration, evidencing continuity of purpose.
Examples of Harassing Conduct That Qualifies
Qualifying conduct includes following or stalking an employee to or from work, entering the workplace uninvited, following an employee during work hours, making repeated telephone calls, or sending correspondence through mail, facsimile, or email.
Threats of violence delivered in person, over the phone, by mail, or online constitute actionable harassment [2]. Following an employee to or from work or during work hours also qualifies as abuse [2].
The behavior must cause substantial emotional distress from both objective and subjective perspectives. A reasonable person in similar circumstances would need to suffer such distress, and the targeted employee must actually experience it [3].
Conduct That Doesn't Qualify for a Restraining Order
Courts cannot issue restraining orders that prohibit constitutionally protected speech. Activities protected under the National Labor Relations Act remain exempt from restraining order provisions. Chapter 11.5 protections governing public employee communications also fall outside the scope of this statute.
The law explicitly states this section "does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected". Some courts historically declined temporary restraining orders when they would infringe on protected activities under the NLRA or other applicable laws.
Conduct serving a legitimate purpose cannot form the basis for a restraining order. The statute requires that harassing behavior "serves no legitimate purpose" [3]. This distinguishes protected workplace activities, such as union organizing or lawful protests, from actionable harassment.
Isolated incidents typically fail to meet the "course of conduct" requirement. The pattern must demonstrate continuity of purpose through multiple acts over time. Single disagreements or one-time conflicts generally do not qualify as the persistent behavior necessary for restraining order eligibility.
Step-by-Step Process to Obtain a Restraining Order
Securing legal protection requires following California's specific procedural requirements. Each step builds upon the previous one to establish your case and obtain enforceable court orders.
1. Document the Harassing Behavior
Capturing detailed records forms the foundation of your petition. Documentation should include dates, descriptions of what occurred, who was involved, and how the conduct affected the employee. Photographs of injuries or property damage, text messages, and emails serve as compelling evidence. If harassment follows a pattern, note the frequency and duration of incidents [4].
Employers who did not personally witness the harassment must obtain declarations from affected employees. These statements should begin with the most recent incident, provide factual details, explain workplace connections, and include signatures [4]. Employees can attach supporting documents like threatening emails or text messages to strengthen their declarations [4].
2. File a Petition with the Court
Filing begins with completing form WV-100 (Petition for Workplace Violence Restraining Orders), form CLETS-001 (Confidential CLETS Information), form WV-109 (Notice of Court Hearing), and form WV-110 (Temporary Restraining Order) [1]. Each protected employee requires a separate set of forms [1].
File your petition in the county where the respondent lives or where they caused physical or emotional injury to your employee [1]. Before filing, you must provide written or telephonic notice to the respondent about when and where you will seek a temporary restraining order, unless you can demonstrate good cause for not providing notice [1].
Filing fees apply unless the petition alleges violence, in which case no initial fee is charged [5]. However, if the judge denies your request, you must pay the filing fee before your court date [5]. Additionally, a $30 court reporter fee is due at filing unless you have a granted fee waiver [5].
3. Attend the Temporary Restraining Order Hearing
The judge reviews your petition and decides whether to grant a temporary restraining order on the same day you submit forms, or by the next business day if filed too late for effective review [6]. This initial hearing proceeds ex parte, meaning only the petitioner presents their case.
Temporary restraining orders remain effective for up to 21 days, or 25 days if the court extends the hearing time [6]. The judge simultaneously schedules a full hearing date, typically 21 to 25 days from when the temporary order is granted or denied [6].
4. Prepare for the Permanent Order Hearing
Gather all evidence supporting your case. Make three copies of every document you want the judge to review: one for yourself, one for the respondent, and one for the court file [7]. If you have video or audio recordings, check with your local self-help center about transcript requirements [7].
Identify witnesses who can support your case and confirm their availability for the hearing date [7]. Plan your testimony by reviewing court papers and writing notes about facts supporting your position [7]. Focus on details that demonstrate the harassment and its impact on the employee.
5. Serve the Restraining Order
The respondent must be personally served with your petition, any temporary restraining order, and the hearing notice at least five days before the hearing [6]. You have three service options: the Sheriff's Department (free if your request involves credible threats of violence or stalking, otherwise a fee applies), any person over 18 who is not a party to the action, or a hired process server [5].
The person who serves the respondent must complete a Proof of Service form (WV-200) [5]. File this proof with the court and bring a copy to your hearing [5]. If you cannot serve the respondent before your hearing date, request a continuance by filing form WV-115 and form WV-116 at least two days before your scheduled hearing [5].
6. Understand What the Order Prohibits
Restraining orders can prohibit the respondent from harassing, threatening, stalking, or contacting the protected employee through any means, including phone, email, text, or social media [6]. The court can order the respondent to stay a specified distance away from the employee, their workplace, home, vehicle, and children's schools [6].
If granted, the order prohibits the respondent from owning, possessing, purchasing, or receiving firearms, firearm parts, and ammunition [6]. The respondent must turn in, sell, or store with a licensed dealer any firearms within their possession or control within 24 hours of receiving the order [1]. Violating these firearm provisions can result in jail time and a $1,000 fine [1].
Long-term restraining orders can last up to three years [6]. At the hearing, the judge receives testimony from both parties, reviews evidence, and makes an independent inquiry [6]. Both sides can present witnesses and supporting documentation to argue their positions.
What Happens After the Restraining Order Is Granted
Once granted, immediate actions ensure effective protection. Keep form WV-130 at the workplace at all times [8]. Take photos of all pages on your phone for constant access [8]. Distribute copies to all protected employees and encourage them to carry the order with them [8]. Inform other employees about the restraining order [8]. Providing a copy to local police remains optional, as law enforcement can access orders through CLETS databases [8].
Enforcement of the Restraining Order
Call 911 to enforce the restraining order [8]. The order carries full enforceability across all 50 states, U.S. territories, the District of Columbia, and tribal lands [8].
Consequences for Violating the Order
Violating a workplace harassment california restraining order constitutes a misdemeanor punishable by up to one year in county jail and fines up to $1,000 [9]. If the violation results in physical injury, fines increase to $2,000 [9]. Prosecution must prove the respondent knew about the order, had the ability to comply, and intentionally violated its terms.
Duration and Renewal of the Order
Long-term restraining orders last up to three years [10]. Employers can request renewal any time within three months before expiration [11]. Renewal extends protection for another three years [11]. Employers need not demonstrate additional violence or threats occurred to obtain renewal [3].
Important Limitations and Considerations
Several legal boundaries affect workplace harassment california restraining order applications. Understanding these limitations prevents missteps during the petition process.
Protected Activities Under NLRA and Other Laws
The National Labor Relations Act shields employees engaging in concerted activities for mutual aid or protection, including union organizing and collective bargaining discussions. Courts historically declined temporary restraining orders when they would infringe on protected speech or activities under the NLRA or other applicable laws. Recent NLRB rulings clarify that employers need not tolerate sexist, racist, or abusive conduct during otherwise protected activities. This balancing test considers both employee rights and employer obligations to maintain harassment-free workplaces.
Maintaining Employee Anonymity
Employees retain the right to remain anonymous in restraining order petitions. Before filing, employers must offer targeted employees the opportunity to decline being named. An employer can still seek protection for other staff members even when one employee opts out.
When to Consult an Employment Attorney
Seek legal counsel when facing workplace harassment, wrongful termination, wage disputes, or discrimination claims [20]. Attorneys help navigate complex legal processes, file complaints properly, and ensure deadlines are met [21]. Early consultation often improves case outcomes and protects employee rights [20].
Alternative Solutions to Consider
Internal resolution through human resources or direct supervisor conversations may resolve issues without court intervention [22]. Administrative complaints with state or federal agencies provide another avenue before pursuing restraining orders.
Conclusion
California's expanded workplace harassment laws give you powerful tools to protect employees before situations escalate. With this in mind, understanding the restraining order process is your first line of defense against persistent harassment.
Document everything, follow the proper filing procedures, and serve the respondent correctly. These steps ensure your petition stands the strongest chance of success. The process may seem complex at first, but thousands of California employers have successfully obtained protection for their teams.
Above all, remember that you don't need to wait for violence or explicit threats anymore. Take action when harassment creates substantial emotional distress, and create the safe workplace your employees deserve.
References
[1] – https://www.occourts.org/self-help/restraining-orders/workplace-violence/workplace-violence-info
[2] – https://selfhelp.courts.ca.gov/WV-restraining-order
[3] – https://www.womenslaw.org/laws/ca/restraining-orders/workplace-violence-restraining-orders/after-order-issued/can-workplace
[4] – https://selfhelp.courts.ca.gov/WV-restraining-order/fill-forms
[5] – https://sf.courts.ca.gov/divisions/civil-division/restraining-orders-workplace-violence
[6] – https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-8/
[7] – https://selfhelp.courts.ca.gov/DV-restraining-order/prepare-court-date
[8] – https://www.selfhelp.courts.ca.gov/ar/node/1326
[9] – https://www.womenslaw.org/laws/ca/restraining-orders/workplace-violence-restraining-orders/after-order-issued/what-happens-if
[10] – https://selfhelp.courts.ca.gov/WV-restraining-order/process
[11] – https://selfhelp.courts.ca.gov/WV-restraining-order/renew
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Yuliya Kelmansky is an Expert Attorney who has over 10 years of practice defending a variety of cases.
