Workplace Violence Restraining Order Defense Lawyer in Southern California

A workplace violence restraining order can destroy your career before you ever set foot in a courtroom. The moment your employer files a petition under California Code of Civil Procedure § 527.8, a judge can issue a temporary restraining order against you based on one-sided allegations — with no advance notice and no opportunity for you to respond. Your employer does not need to prove their case at that stage. They need only convince a judge that there is a credible basis to act immediately.

By the time you are served, the order is already in place. You may be barred from your own workplace. Your livelihood is at risk. Your name is being entered into the California Law Enforcement Telecommunications System. And you have a hearing date coming up fast — typically within 21 days — where a judge will decide whether to make that order permanent for up to three years.

This is not a situation where you wait and hope things resolve themselves. You need a defense attorney who understands California’s workplace restraining order statutes, knows how to dismantle weak petitions, and is prepared to cross-examine witnesses and challenge evidence in court. At Power Trial Lawyers, that is exactly what we do. We represent respondents in workplace violence restraining order proceedings throughout Los Angeles, Orange County, Riverside, San Bernardino, and San Diego counties.

If you have been served, call us at 888-808-2179 immediately. Time is not on your side.

What Is a Workplace Violence Restraining Order Under California Law?

Fast Answer

A Workplace Violence Restraining Order (WVRO) is a court order sought by an employer under California Code of Civil Procedure § 527.8 that can bar you from a workplace and restrict contact based on one-sided allegations.
A judge can issue a temporary restraining order (TRO) without advance notice, and the order can take effect immediately after it is granted.
After you are served, you will receive the petition, the TRO (if issued), and a hearing date that typically arrives quickly, often within about 21 days.
At the hearing, you can present evidence, testify, and cross-examine witnesses, and the employer must prove the case under the legal standards in CCP § 527.8.
If the court grants an order after hearing, it can remain in effect for up to three years and can include stay-away, no-contact, and mandatory firearms surrender requirements.
In the next 24–48 hours, preserve every relevant communication and document, identify any witnesses, and avoid any contact that could be interpreted as a violation while you prepare your response and hearing strategy.

A Detailed Look at California WVROs

California Code of Civil Procedure § 527.8 governs workplace violence restraining orders (WVROs). This statute was substantially amended by Senate Bill 553 and Senate Bill 428, with key changes taking effect January 1, 2025. Understanding the current law is essential — both to grasp what an employer can allege against you and to identify the weaknesses in their case.

Who Can File a WVRO Against You

Under CCP § 527.8, the following parties may file a petition for a workplace violence restraining order:

• Any employer — including corporations, LLCs, partnerships, sole proprietors, nonprofits, and public entities — acting on behalf of an employee.
• A collective bargaining representative (as of January 1, 2025) who represents the affected employee in labor or employment matters at the workplace.

The petition must allege that one or more employees has suffered — or faces the credible threat of — harassment, unlawful violence, or a credible threat of violence from a specific individual. That individual becomes the respondent. You.

Note that the individual employee who claims to be the victim does not file the petition. The employer files on behalf of the employee. This is a critical distinction. It means the employer controls the process — and the employer’s motivations (HR liability management, internal politics, or outright retaliation) can be challenged as part of your defense.

Legal Definitions That Govern Your Case

The statute defines three triggering categories:

“Unlawful violence” means any assault or battery, or stalking as defined under Penal Code § 646.9. Lawful acts of self-defense or defense of others are explicitly excluded.

“Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety or the safety of their immediate family, and that serves no legitimate purpose.

“Harassment” (added effective January 1, 2025 by SB 428) means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and serves no legitimate purpose. The conduct must be one that would cause a reasonable person to suffer substantial emotional distress, and it must actually cause substantial emotional distress to the employee.

Each of these definitions contains critical elements that must all be proven. A petitioner who cannot satisfy every element of the legal standard should not obtain a permanent order. That is where skilled defense counsel matters.

The Burden of Proof

At the temporary restraining order (TRO) stage, the court requires only a declaration showing “reasonable proof” that an employee suffered qualifying conduct. The standard is low, and the process is ex parte — meaning the judge hears only the employer’s side.

At the hearing for a permanent order, the burden shifts. The employer must now prove its case by clear and convincing evidence — a much higher standard. You have the right to present your own evidence, testify, cross-examine witnesses, and challenge the petition. This is where cases are won.

Constitutional limitations also apply. Under CCP § 527.8(c), courts may not issue orders prohibiting speech or activities protected by the First Amendment, the National Labor Relations Act, Government Code § 3555 et seq., CCP § 527.3, or other provisions of law. If an employer is using a WVRO to silence a union organizer, a whistleblower, or a protected complainant, that is a defense.

What The Judge Must Find

At the hearing, the judge is not deciding whether the employer is being cautious or whether the workplace conflict feels uncomfortable. The judge is deciding whether the employer proved the required statutory elements under CCP § 527.8 by clear and convincing evidence.

Use this checklist to stay focused on what the court must actually find.

• Unlawful Violence
  • The employer must prove assault, battery, or stalking as the statute defines it.
  • The alleged conduct must fit the statutory definition, not just sound alarming in a declaration.
  • Lawful self-defense or defense of others is excluded.
• Credible Threat of Violence
  • The employer must prove a knowing and willful statement or course of conduct.
  • The conduct must place a reasonable person in fear for safety (or the safety of immediate family).
  • The conduct must serve no legitimate purpose.
• Harassment
  • The employer must prove a knowing and willful course of conduct directed at a specific person.
  • The conduct must seriously alarm, annoy, or harass and serve no legitimate purpose.
  • The conduct must be such that it would cause a reasonable person substantial emotional distress, and it must actually cause substantial emotional distress.
    If the employer cannot prove every required element for the category it relies on, the court should deny the petition and the temporary orders should expire.

What Happens After a Workplace Violence Restraining Order Petition Is Filed

Forms You Will See

WVRO cases move quickly, and the paperwork drives the timeline. Knowing what each form does helps you understand what the employer is asking for, what the judge already signed (if anything), and what you need to file before the hearing.

• WV-100 Petition for Workplace Violence Restraining Orders
  The employer’s request for a WVRO and the allegations and requested protections.
• WV-110 Temporary Restraining Order
  The temporary orders a judge may issue without notice, effective immediately if granted, and typically lasting until the hearing.
• WV-109 Notice of Court Hearing
  The document that lists the hearing date, time, and location and confirms whether temporary orders were issued.
• WV-120 Response to Petition for Workplace Violence Restraining Orders
  Your written response where you tell the court what you dispute and attach supporting evidence.
• WV-130 Workplace Violence Restraining Order After Hearing
  The longer-term order the judge signs if the petition is granted after the hearing, typically for up to three years.
• CLETS-001 Confidential CLETS Information
  A confidential form used for law enforcement database entry when orders are issued.
  These forms are not filler. They define the requests, the restrictions, and the deadlines, so your response and evidence should track what the forms actually ask the court to do.

The moment a petition is filed, a strict legal sequence begins. Missing any step — or failing to respond strategically — can lock in a permanent order against you. Here is exactly what happens:

Step 1 — Filing the Petition. 

The employer (or its attorney) files a Petition for Workplace Violence Restraining Orders (Judicial Council Form WV-100) along with a supporting declaration at the courthouse. An employer will also file a Confidential CLETS Information form, which puts your information into law enforcement databases if the judge gratns the petition.

Step 2 — Ex Parte TRO Review. 

A judge reviews the petition without you present. If the petition shows reasonable proof of qualifying conduct, the judge issues a Temporary Restraining Order on Form WV-110. This order takes effect immediately. The TRO typically orders you to stay away from the petitioner’s workplace, the protected employees, and potentially their homes. It also prohibits you from contacting them directly or indirectly.

Step 3 — Service on the Respondent. 

You are served with the TRO, the petition, and a Notice of Court Hearing (Form WV-109) setting a hearing date. Service is typically handled by law enforcement or a process server. The hearing is generally scheduled within 21 days of the TRO being issued.

Step 4 — Filing a Response. 

You have the right to file a written response before the hearing. This is your opportunity to present your version of events, challenge the factual allegations, and identify any constitutional or procedural defects in the petition. Do not waive this opportunity. An attorney at Power Trial Lawyers can ensure your response is strategic and legally sound.

Step 5 — The Hearing. 

Both sides appear in court. The judge hears testimony, reviews evidence, and applies the preponderance of the evidence standard. You have the right to work with an attorney, to testify on your own behalf, to call witnesses, and to cross-examine the employer’s witnesses and declarants. This is the most critical stage of the proceeding.

Step 6 — The Order After Hearing. 

If the judge grants the order, it typically lasts up to three years. The judge can also renew the order. If the judge denies the petition, the TRO expires and the judge dismisses the case. A well-prepared defense at the hearing stage can mean the difference between a clean record and a permanent restraining order that follows you throughout your career.

What a Workplace Violence Restraining Order Can Require

If granted, a WVRO under CCP § 527.8 can include any or all of the following:

• Stay-away orders — You may be prohibited from coming within a specified distance (typically 100 to 300 yards) of the petitioner’s workplace, specific employees, or locations the protected person frequents.
• No-contact orders — Direct and indirect contact with protected employees is prohibited, including phone, email, text, social media, and third-party communications.
• Move-out orders — In limited circumstances where the respondent and a protected employee share housing, the court may order the respondent to vacate.
• Firearms surrender — CCP § 527.8(t) requires mandatory firearms relinquishment. You must surrender all firearms and ammunition to law enforcement or a licensed dealer while the order is in effect. Any violation is a criminal offense under Penal Code § 29825.
• Extended protection to family or household members — The court may extend protection to household members of the protected employee if good cause is shown under CCP § 527.8(d).
• Protection of other employees — A single order can name multiple protected employees at one or more of the employer’s worksites.

The breadth of a WVRO is substantial. Even a narrow order can effectively end your employment at your current job — and make it extremely difficult to find new work.

Real Consequences of a Granted Workplace Violence Restraining Order

Courts treat these proceedings as civil matters. But the consequences of a workplace violence restraining order are anything but civil in practical terms. If you are the respondent and the court grants the order, here is what you face.

Immediate Employment Consequences

An order requiring you to stay away from your own workplace effectively terminates your employment. Even if the order does not explicitly prohibit your job duties, most employers treat a WVRO against an employee as grounds for immediate termination. This is especially true in industries with licensing requirements, security clearances, or workplace safety standards.

CLETS Entry and Law Enforcement Database

Once granted the judge enters the WVRO into the California Law Enforcement Telecommunications System (CLETS). This means every law enforcement officer in California can see the order. Depending on the specific facts of the case, the judicial system could potentially notify the National Domestic Violence Hotline or the Federal Bureau of Investigation’s national database, meaning a minor dispute at work could end up in a federal law enforcement record.

Criminal Exposure for Violations

Violating a WVRO — even accidentally, such as sending an email to a coworker who is a protected person — is a crime. Under CCP § 527.8(u) and Penal Code § 273.6, an intentional violation of a restraining order is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. A second or subsequent violation, or a violation involving violence or a credible threat, can be charged as a felony.

Firearms and Second Amendment Rights

If an order is granted, you lose the right to own, possess, purchase, or receive any firearm or ammunition for the duration of the order. You must immediately surrender your firearms pursuant to CCP § 527.9. Failure to comply is a criminal offense under Penal Code § 29825. If you hold a CCW permit, it will be revoked. If you work in a profession that requires firearms — law enforcement, security, military — a WVRO can end your career permanently.

Professional Licenses and Certifications

California licensing boards for professions including healthcare, real estate, law, education, contracting, and others routinely require disclosure of restraining orders. A WVRO on your record can trigger a board investigation, license suspension, or license revocation. Professions requiring security clearances — including aerospace, defense, and government contracting — treat restraining orders as disqualifying events.

Immigration Consequences

If you are not a United States citizen, a workplace violence restraining order can have severe immigration consequences. Federal immigration law treats certain categories of restraining orders as grounds for inadmissibility, removal, and denial of naturalization applications. USCIS and immigration courts examine protective orders carefully. If you have any immigration status — including pending visa, green card application, or pending naturalization — a WVRO is a serious threat to your status in this country.

Housing

Many landlords conduct background checks that surface restraining orders. Some lease agreements include provisions requiring disclosure of court orders. A WVRO can result in lease termination or denial of future housing applications.

Custody and Family Court Proceedings

If you are involved in any current or potential family court proceedings — divorce, legal separation, custody, visitation — a WVRO will be used against you. Family law judges take restraining orders seriously as evidence of temperament and capacity to co-parent. Do not assume that a “work matter” stays confined to one courtroom.

These consequences make clear that you cannot afford to treat a WVRO as a nuisance. You need experienced defense counsel from the moment you are served.

How Power Trial Lawyers Defends Workplace Violence Restraining Order Cases

Every workplace violence restraining order case is defensible. Some are clearly defensible because the allegations are false, exaggerated, or procedurally defective. Others require aggressive factual and legal work to expose weaknesses in the employer’s evidence. At Power Trial Lawyers, we approach every WVRO case as if it is going to a contested hearing — because it may well end up there.

Challenging the Sufficiency of the Petition

The threshold question is whether the petition actually alleges facts sufficient to meet the legal standard under CCP § 527.8. Many petitions rely on vague, conclusory statements that are long on accusation and short on specific conduct. We analyze the petition against the statutory definitions of “unlawful violence,” “credible threat of violence,” and “harassment” and identify every element the employer cannot prove. If the petition fails to allege a qualifying course of conduct, we move to terminate the TRO and dismiss the case before the hearing.

Exposing False and Fabricated Allegations

False allegations in workplace restraining order proceedings are not rare. Employers sometimes file WVROs to preempt wrongful termination claims, retaliate against whistleblowers, or manage an employee out of a position in a way that looks procedurally clean. Employees sometimes fabricate or exaggerate incidents to gain leverage in a workplace dispute or personal conflict. We investigate the history between you and the petitioner — including prior HR complaints, disciplinary records, performance reviews, and communications — to build a factual narrative that contradicts the petition.

Text Messages, Emails, and Electronic Evidence

Digital communications are often the most powerful evidence in WVRO hearings. Petitioners frequently characterize workplace communications as threatening without context, or selectively omit exchanges that show the protected employee was the aggressor, initiator, or willing participant in the exchange. We obtain and analyze the full thread of communications. A message that appears threatening in isolation often looks completely different when the full context is presented to a judge.

Witness Cross-Examination

At the hearing, the employer’s witnesses — including the protected employee, HR personnel, supervisors, or coworkers — will testify to support the petition. Effective cross-examination can expose inconsistencies between their declarations and their live testimony, establish bias or motive to fabricate, and highlight the absence of corroborating evidence. Our attorneys prepare extensively for cross-examination. We review every declaration, every document, and every prior statement to build a cross that puts the credibility of each witness at issue.

Procedural Defects

CCP § 527.8 contains specific procedural requirements. Before filing the petition, the employer must give each affected employee the opportunity to decline to be named in the order. Service must be properly executed. Notice must be adequate. If the employer skipped required steps or failed to comply with the statute’s procedural demands, that is a basis for challenging the order. We examine the procedural history of every case for compliance failures that can result in termination of the TRO or dismissal of the petition.

Constitutional and Labor Law Defenses

Under CCP § 527.8(c), courts cannot issue orders that prohibit speech or activities protected by the First Amendment, the National Labor Relations Act, Government Code § 3555 et seq., or CCP § 527.3. If the conduct the employer complains of involves union organizing activity, protected complaints about workplace safety or discrimination, political speech, or other legally protected expression, those activities are off-limits as the basis for a restraining order. We identify constitutional and labor law defenses and present them directly to the court.

Employer Motive and Retaliation

When an employer files a WVRO against an employee who recently filed a wage claim, lodged a discrimination complaint, reported safety violations, or engaged in protected concerted activity, the timing raises serious questions. Evidence of retaliatory motive is directly relevant to the credibility of the petition. We develop this line of defense when the facts support it — and when appropriate, we coordinate WVRO defense with any parallel employment law claims the client may have.

Negotiated Resolutions

Not every case needs to end in a contested hearing. In appropriate circumstances, we negotiate with the employer’s counsel for a mutual agreement to withdraw or limit the order. Negotiated resolutions can preserve your employment, protect your record, and avoid the uncertainty of litigation. We assess every case for settlement potential — but always with the hearing strategy fully built out, so you are not negotiating from weakness.

Frequently Asked Questions: Workplace Violence Restraining Orders in California

Internal Resources

For related legal issues, see our detailed defense guides:

• Defending against a restraining order
• Los Angeles County restraining order defense
• Orange County restraining order defense
• Riverside County restraining order defense
• San Diego restraining order defense

Southern California Workplace Violence Restraining Order Defense — Local Courthouse Experience Matters

Workplace violence restraining order hearings are local proceedings. The judge hearing your case works in a specific courthouse. The judge will follow the local rules of that court, and has developed particular expectations about how WVRO hearings are conducted. An attorney who has never appeared before that judge or in that courthouse is starting at a disadvantage. Courtroom familiarity — knowing the procedural preferences of individual judicial officers, the local rules of the department, and the most effective way to present a defense in that specific venue — is a meaningful advantage.

Power Trial Lawyers handles WVRO defense throughout Southern California. We appear regularly in courts across all five counties.

Los Angeles County

Los Angeles County operates the largest court system in the nation. WVRO petitions in Los Angeles are filed and heard at various courthouses depending on the location of the workplace, the employer’s principal place of business, and where service is made.

• Stanley Mosk Courthouse (Downtown LA)
• Van Nuys Courthouse
• Pasadena Courthouse
• Long Beach Courthouse
• Torrance Courthouse
• Airport Courthouse
• Santa Monica Courthouse

We appear in all of these courthouses and know what effective WVRO defense looks like in each one.

Orange County

Orange County’s court system handles a significant volume of WVRO proceedings, particularly given the county’s large employer base in healthcare, technology, hospitality, and retail. The Central Justice Center in Santa Ana is the county’s main civil courthouse. The Lamoreaux Justice Center in Orange handles filings from the central county. The Harbor Justice Center in Newport Beach covers the coastal corridor. The North Justice Center in Fullerton handles North County matters. The West Justice Center in Westminster covers West and Central Orange County. We are familiar with the procedures and judicial officers in all Orange County WVRO departments.

Riverside County

Cases in Riverside County are heard at the Riverside Historic Courthouse, the Southwest Justice Center in Murrieta, and the Larson Justice Center in Indio. The Inland Empire’s rapid growth has driven an increase in workplace dispute cases, particularly in Murrieta, Temecula, and the Coachella Valley. Our attorneys handle WVRO defense hearings throughout Riverside County.

San Bernardino County

San Bernardino County encompasses a vast geographic area with a diverse employer base, from logistics and warehousing operations in the Inland Empire to healthcare and education sectors. We represent respondents in WVRO proceedings at all three courthouses, including the San Bernardino Justice Center, the Rancho Cucamonga Courthouse, and the Victorville Courthouse.

San Diego County

San Diego County is home to major defense contractors, biotech companies, healthcare systems, and hospitality employers — all industries with significant workplace restraining order activity. WVRO cases are heard at the Central Courthouse in Downtown San Diego, the Vista Courthouse in North County, and the Chula Vista Courthouse in South Bay. Power Trial Lawyers appears in San Diego County WVRO proceedings and knows how these hearings are conducted in each venue.

Why Local Courtroom Experience Makes a Difference

Judges in WVRO departments see dozens of these proceedings. They develop preferences about how evidence is presented, what types of arguments they find persuasive, and how they handle credibility disputes. An attorney who has never appeared in a particular courthouse — or who handles restraining order proceedings only occasionally — does not have that knowledge. We do. We have appeared in WVRO hearings throughout Southern California, and that experience is a direct advantage for our clients.

Time Is Critical — Protect Yourself Now

If you have been served with a workplace violence restraining order — or if you believe your employer is about to file one — you need to act immediately. The hearing date is set from the moment the TRO is issued. The clock starts running whether or not you are ready.

Power Trial Lawyers defends respondents in workplace violence restraining order proceedings throughout Southern California. We handle cases in Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County. Our attorneys know this area of law, we know the courthouses, and we know how to build a defense that gives you the best possible chance of defeating the petition and protecting everything you have worked for.

Your career, your firearms rights, your professional license, your immigration status, and your reputation are all on the line. This is not a matter to handle on your own or to delay.

Call Power Trial Lawyers now at 888-808-2179. We are available for urgent consultations. You can also reach us through our online contact form. Tell us what happened. We will tell you exactly where you stand and what we can do to defend you.