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David D. Diamond State Bar Certified Criminal Law Specialist

Workplace Violence Protective Order

Workplace violence protective orders must be initiated by the employer of the employee. They apply when an employee has suffered an unlawful act of violence in the workplace. The employer has to show that the employee has suffered unlawful violence in the workplace. The standard of proof is clear and convincing evidence. The TRO can last between 21 and 25 days unless otherwise modified by the court. The permanent restraining order can last three years and can be modified without a showing of additional harm. Code of Civil Procedure section 527.8.