Workplace Violence Restraining Order
Did you recently have a workplace violence restraining order issued in your name in Los Angeles, CA? If so, it is imperative that you fight back against it as quickly as possible to protect your freedoms. The experienced Los Angeles criminal defense lawyers at the Rodriguez Law Group can help you do just that.
- 1 Why You Need a Los Angeles Criminal Defense Lawyer to Help You Fight a Workplace Violence Restraining Order
- 2 Understanding the Process of Obtaining a Workplace Violence Restraining Order in California
- 3 Types of Workplace Violence Protective Orders in California
- 4 Common Restrictions Included in California Workplace Violence Protective Orders
- 5 Criminal Punishments for Violating Court Orders in California
- 6 Defenses Against Restraining Order Violations in California
- 7 Had a Workplace Violence Restraining Order Issued in Your Name? Contact the Rodriguez Law Group Today
Why You Need a Los Angeles Criminal Defense Lawyer to Help You Fight a Workplace Violence Restraining Order
At the Rodriguez Law Group, we have a proud history of helping the residents of Los Angeles when they are in legal jeopardy. Over the years, our firm has achieved a ton of favorable results on behalf of our valued clients. When you ask us to help you fight back against your workplace violence restraining order, we will:
Help You Understand Your Legal Options
Learning that a workplace violence protective order has been issued in your name can be a shocking experience. However, it is important to remember that you do not have to sit back and willingly accept it. You have legal options to fight back against it.
Having worked on cases of this nature for many years, the attorneys at the Rodriguez Law Group are well-versed in all of the actions an individual can take when they become the subject of a restraining order. When you hire us, we will help you understand your options.
Search for Evidence to Disprove the Requestor’s Claims
Quite often, the best way to fight back against a workplace violence restraining order is to prove that the requestor’s claims are false. To use this defense technique, however, you will need to gather a lot of evidence to present to the court.
The attorneys at the Rodriguez Law Group have years of experience searching for the evidence needed to disprove false and misleading claims. When you hire our law firm, we will interview witnesses, look at surveillance footage, and do whatever else it takes to locate the evidence you require.
Argue on Your Behalf at Your Restraining Order Court Hearing
Before the court can make your workplace violence restraining order permanent, it must offer you the opportunity to explain your side of the story at a formal hearing.
When you work with the Rodriguez Law Group, our skilled attorneys will be more than happy to speak on your behalf at your restraining order hearing. Our team has been defending clients in courtrooms throughout the state of California for many years, so you can feel confident that you will be well represented throughout the process.
Would you like to have an experienced defense attorney from the Rodriguez Law Group help you fight back against your workplace violence restraining order? Then please do not hesitate to give us a call and set up a free consultation at our law office in Los Angeles. We have been handling cases like yours for years, and we are ready to go to battle on your behalf.
Understanding the Process of Obtaining a Workplace Violence Restraining Order in California
In California, courts have the authority to issue a restraining order to protect an employee against violence or credible threats of violence in the workplace. Injunctions of this nature can also protect workers against stalking and harassing phone calls.
An employer that wishes to request a workplace violence restraining order in California must typically file the following documents at the courthouse:
- Form WV-100: Petition for Workplace Violence Restraining Orders
- Form WV-110: Temporary Restraining Order
- Form L-0889: Declaration Re: Notice of Temporary Restraining Order
- Form CM-010: Civil Case Cover Sheet
- Form CLETS-001: Confidential CLETS Information
- Form WV-109: Notice of Court Hearing
Once an employer has filed these forms with the court, they should provide the restrained person with a copy. They can then file Form WV-200 (Proof of Personal Service) at the courthouse.
If the employer is a government agency, they will not need to pay a filing fee when requesting a workplace violence restraining order.
Of course, obtaining a court order of this nature is not quite as easy as filing some documents. If they would like the judge to grant their request, employers must prove that:
- Their employee has been suffering unlawful violence or the threat of violence.
- The unlawful violence or threat of violence occurred at work.
- The actions of the restrained person are not allowed during a labor dispute, and
- The restrained person was not carrying out a constitutionally-protected activity
Did your employer recently request a workplace violence restraining order against you? If so, please reach out to the defense lawyers at the Rodriguez Law Group as soon as you can. Our legal team has the industry experience and statutory knowledge necessary to help you fight back against your injunction.
Types of Workplace Violence Protective Orders in California
In the state of California, there are two types of workplace violence restraining orders that an employer may request from a court. They are:
Temporary Workplace Violence Restraining Orders
When employers request a temporary protective order against one of their workers, the judge typically makes a ruling within 24 hours. If the request is granted, the injunction will remain in place until the court holds a formal hearing to learn more about the matter.
Most California temporary workplace violence restraining orders last for less than 30 days.
Permanent Workplace Violence Restraining Orders
On the day of the restraining order hearing, the requestor and the restrained person have the opportunity to present the judge with evidence and argue their side of the story. When they finish, the court decides whether to end the protective order or make it more permanent.
In the state of California, permanent restraining orders remain valid for up to three years. However, if the threat of violence remains, the court can extend them as needed.
During their long legal careers, our lawyers have helped Los Angeles residents fight back against a plethora of civil harassment, domestic violence, and workplace violence restraining orders – achieving lots of favorable outcomes along the way. If you would like to have our experienced team represent you throughout your case, all you have to do is pick up the phone and give us a call.
Common Restrictions Included in California Workplace Violence Protective Orders
Workplace violence protective orders issued by judges in the state of California often contain a multitude of restrictions that restrained persons must follow. A short sampling of some of the most common restrictions would include:
- Distance Restrictions: California courts frequently force restrained persons to stay a specific distance away from protected parties.
- Communication Restrictions: Restrained persons cannot call, text, or otherwise communicate with protected parties.
- Visitation Restrictions: Most injunctions forbid restrained persons from visiting the protected party’s home and school.
- Firearms Restrictions: Restraining order subjects often lost their right to purchase, use, and carry firearms.
Do you believe that the restrictions levied against you in your court order are too severe? If so, please do not hesitate to reach out to the legal team at the Rodriguez Law Group. Our skilled attorneys know how to handle cases like yours and may be able to help you get your restrictions altered.
Criminal Punishments for Violating Court Orders in California
When a law enforcement officer in the state of California catches an individual violating the terms of their restraining order, they have the power to charge them with an offense under CA Penal Code § 273.6.
People who are convicted of violating this state statute can face the following criminal penalties:
- A fine of as much as $1,000
- As long as one year in county jail
- A permanent criminal record
Have you been accused of violating the restrictions outlined in your California restraining order? Then please contact the Rodriguez Law Group at your earliest convenience. Our attorneys have many years of experience in the legal field and are always available to help you fight to clear your name.
Defenses Against Restraining Order Violations in California
Los Angeles residents may be able to prevent their restraining order violation charge from becoming a criminal conviction with the help of an effective defense strategy. A short sampling of some of the most commonly used defenses in cases like these would include:
- Claiming that they did not know about the existence of their restraining order
- Proving that their protective order was improperly or unlawfully issued
- Claiming that they did not understand the terms of their restraining order
- Arguing that the terms of their protective order are unreasonably harsh
The attorneys at the Rodriguez Law Group have been helping Los Angeles residents devise effective defenses against their criminal charges for many years. If you would like to have us do the same for you, all you need to do is give us a call or send us a quick message.
Had a Workplace Violence Restraining Order Issued in Your Name? Contact the Rodriguez Law Group Today
When the residents of Los Angeles need help fighting back against their workplace violence restraining orders and charges of violating their restrictions, they know they can count on the Rodriguez Law Group. Our attorneys have the legal nous and experience to handle even the most complex cases. Reach out to us today if you would like to have us stand up for you.
Last Updated on May 31, 2021