A workplace violence restraining order is a civil court order that a California employer can seek on an employee's behalf when that employee has suffered unlawful violence, harassment, or a credible threat of violence that can reasonably be expected to be carried out at the workplace. It is authorized by Code of Civil Procedure Section 527.8, and it is one of the few protective tools that an employer, rather than the victim, initiates.

At MPS Security, we get called into these situations at two predictable moments: the week the petition is filed, and the morning of the hearing. Both are avoidable scrambles if the security side is planned alongside the legal side rather than after it.

This article describes how the process works operationally. It is not legal advice, and every petition should be prepared with employment counsel.

What does a workplace violence restraining order actually do?

It orders a named individual to stay away from and refrain from contacting protected people and places, typically the worksite. The court can extend protection beyond the single employee who was threatened. Under Section 527.8, the court has discretion to grant protection to other employees at the workplace and, where appropriate, employees at the employer's other workplaces (California Code of Civil Procedure 527.8).

Senate Bill 553, signed in 2023, changed who may petition. Beginning January 1, 2025, a collective bargaining representative may bring a petition on behalf of a represented employee, in addition to the employer (SB 553, California Legislative Information). The same bill created the written workplace violence prevention plan requirement now codified at Labor Code 6401.9, which means most California employers already have a documented process this petition should connect to.

The order also has limits worth stating plainly. It cannot restrict constitutionally protected speech or activity protected by the National Labor Relations Act. And it is paper. It creates an arrest authority if violated; it does not create a physical barrier.

Why is the period around filing the highest-risk window?

Because the subject learns about it. Service of process, the temporary order, and the hearing date are the three points at which a person who has already made a credible threat receives news they experience as escalation and public humiliation.

Threat management practice treats these as trigger events and plans coverage around them rather than reacting afterward. That is the operational reality behind how protective work lowers exposure to a known threat: the order changes the legal picture, and coverage changes the physical one.

The stakes are not abstract. The Bureau of Labor Statistics recorded 470 workplace homicides in 2024, up from 458 the previous year (BLS Census of Fatal Occupational Injuries, 2024).

What does security actually do during the process?

Before filing. Review access control, badge and key status, parking, and after-hours entry. Confirm the subject's credentials are revoked and that the front desk, lobby, and any contracted guard force have a photograph, a description, and a clear instruction on what to do rather than a vague warning.

At service. Discreet standby coverage, positioned to observe rather than participate. Service is performed by a registered process server or law enforcement, not by the security team, and never by a coworker.

At the hearing. Courthouse arrival and departure planning, separate routes, and an escort for the protected employee. Court parking structures and elevators are the pinch points.

After the order issues. Coverage that steps down over weeks rather than ending the afternoon of the hearing, along with a documented process for reporting attempted contact. Copies of the order should be with reception, security, and the employee's supervisor.

For organizations without in-house capability, this is the point at which protective coverage across the Los Angeles area usually gets sourced, ideally before the filing date rather than the night before the hearing.

What information should the employer preserve?

Everything that establishes a pattern: emails, voicemails, text messages, security video, badge logs, witness statements taken close in time, and any prior complaints. Courts weigh documented history heavily. Preserve rather than summarize, and put a litigation hold on relevant systems early.

Frequently asked questions

Who can file a workplace violence restraining order in California? The employer may petition on behalf of an employee who has suffered unlawful violence, harassment, or a credible threat of violence at the workplace. Since January 1, 2025, a collective bargaining representative may also petition on behalf of a represented employee.

Does the employee have to agree to the filing? The employer is the petitioner, but proceeding over a victim's objection creates practical and evidentiary problems, and courts may want to hear from the employee. Employers should discuss the decision with counsel and with the employee before filing.

How quickly can protection be in place? A temporary restraining order can often be obtained quickly, with a hearing on a longer order typically set within a few weeks. Timelines vary by county, so confirm with the court where the petition is filed.

Does an order cover the employee at home? The statute is directed at workplace protection. An employee who is also at risk away from work may need a separate civil harassment or domestic violence restraining order, and the security plan should account for the residence regardless of what the order covers.

Can a restraining order make the situation worse? It can function as a trigger event, which is why threat management professionals plan coverage around service and hearing dates. That is an argument for pairing the order with an operational plan, not for skipping the order.

What if the subject is a current employee? Termination, the petition, and the security plan have to be sequenced together. Handling a high-risk separation and a restraining order as unrelated tasks is the most common way these situations go badly.

Plan the security side before you file

If your organization is preparing a petition, or has one on calendar, the security plan should already exist. Contact MPS Security & Protection to discuss coverage around service, the hearing, and the weeks that follow.

About the author

Michael D. Julian has more than 30 years in security and investigations and served as President of the California Association of Licensed Investigators from 2005 to 2015. He advises organizations on workplace threat management, executive protection, and protective operations. Connect with him on LinkedIn.