A workplace protective order protects not only the victim of the violence or threat of violence, but also the victim's co-workers. Under current law, after the protective order is obtained, the employer must serve the order on the perpetrator to ensure he or she has notice and therefore is subject to enforcement for violations of the order.
Workplace protective orders often are difficult for employers to serve, as the location of the perpetrator can be difficult to ascertain. California just recently adopted legislation to make this process easier. The new law requires law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence to provide the perpetrator with verbal notice of the protective order. The officer's verbal notice of the terms of the order constitutes service of the order and sufficient legal notice. Once verbal notice of the order has been given, the employer need only mail an endorsed copy of the restraining order to the individual within one day. This relaxation of the service requirements will make it less difficult for employers to protect employees from violence or the threat of violence.
If someone violates a restraining order under this law, the first conviction is punishable by a fien and up to one year in jail. Although a victim of harassment or domestic violence can obtain a restraining order on their own, an restraining order Workplace Violence Safety Act can also protect the victim and coworkers. Employers can proactively make the work place safer for the victim, clients and other employees.
About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.