Workplace Violence Restraining Order in California: Filing to Renewal

To file a workplace violence restraining order in California, the employer (not the affected employee) completes Judicial Council Form WV-100 and its companion forms, files them with the Superior Court, arranges for the restrained person to be personally served at least five days before the hearing, and presents clear and convincing evidence at a hearing set within 21 to 25 days of filing. If granted, the order can last up to three years.

Who Can File the Petition

Only an employer or a collective bargaining representative can file a Workplace Violence Restraining Order (WVRO) under Code of Civil Procedure Section 527.8. The employee who was threatened or harmed is the “protected party,” but the paperwork, filing, service, and courtroom presentation all belong to the employer.¹ An employee who wants a restraining order in their own name has to pursue a different type of order; a WVRO is not available to them directly.

Before filing, give the affected employee a chance to decline being named. If that employee opts out, you can still seek protection for other employees at the same site or at other company locations, and the court has discretion to extend coverage to additional named employees beyond the one in the petition.¹

A collective bargaining representative can file instead of the employer, but only where that person actually represents the affected employee in employment or labor matters at the workplace.¹

What Conduct Supports a Petition

A WVRO must rest on one of three categories of conduct, and the conduct has to be reasonably connected to the workplace, meaning it either happened there or could be carried out there.¹

Unlawful violence: physical acts such as assault, battery, or stalking directed at an employee.
Credible threat of violence: a statement or pattern of behavior that would make a reasonable person fear for their safety, specific enough to show intent to follow through.
Harassment: a pattern of conduct directed at a specific employee that serves no legitimate purpose and causes substantial emotional distress. The employee must have actually experienced that distress; it is not enough that a reasonable person would have.

Which category you plead matters for the proof standard at the temporary order stage. Violence and credible threats require only “reasonable proof” of harm to get a temporary order. Harassment requires clear and convincing evidence from the start.¹ If the facts include any physical act or explicit threat, lead with that rather than relying only on a harassment theory.

Forms to Prepare

The central document is the Petition for Workplace Violence Restraining Orders (Form WV-100). It asks you to identify who needs protection, describe what the restrained person did, and specify the orders you want. Be concrete about dates, times, and locations of each incident. Vague descriptions weaken the petition.²

Along with WV-100, prepare:

Confidential CLETS Information (Form CLETS-001), which feeds the statewide law enforcement database so officers can verify the order in real time.³
Notice of Court Hearing (Form WV-109). The clerk fills in the hearing date, but the blank form goes in your packet.
Temporary Restraining Order (Form WV-110). This is the form the judge signs if a TRO is granted; it goes in blank.

If your facts don’t fit on WV-100, use an Attached Declaration (Form MC-031) for extra space.⁴ Attach supporting evidence: police reports, internal incident reports, emails, text messages, witness statements. A documented paper trail is what carries the petition.

Filing and Asking for a Temporary Order

File the completed packet with the clerk at the appropriate Superior Court. There is no filing fee if the petition involves violence, threats of violence, or stalking. If the petition rests solely on harassment, the fee is $435.⁵

If you check the box on WV-100 requesting immediate protection, the judge reviews the paperwork, typically the same day or by the next business day, and decides whether to issue a Temporary Restraining Order.⁶ For violence and credible threats, the judge looks for reasonable proof of great or irreparable harm. For harassment-only petitions, the clear and convincing standard applies at this stage too.¹

A granted TRO takes effect immediately and lasts until the full hearing, up to 21 days (or 25 with good cause). A denied TRO is not the end. The court still sets the hearing within the same 21-to-25-day window, and you get a full opportunity to present live testimony. A denial just means the paperwork alone did not persuade the judge.¹

Serving the Restrained Person

Before the hearing can go forward, the restrained person must be personally served with the petition (WV-100), the Notice of Court Hearing (WV-109), and the TRO (WV-110) if one was issued. Service has to happen at least five days before the hearing.⁷

You cannot hand-deliver the documents yourself. Someone uninvolved has to do it: a process server, the county sheriff, or any adult who is not a party. If the petition is based on a credible threat of violence or stalking, you may be entitled to free service through the sheriff’s office. Otherwise, the sheriff charges a fee, or you can hire a private process server.

If the restrained person is actively avoiding service or cannot be located despite diligent attempts, you can ask the court to authorize alternative service, such as by mail or posting. The court will only allow this once you demonstrate that personal service was genuinely attempted and failed.

The Hearing

The hearing takes place within 21 days of filing, or 25 with good cause. You carry the burden of proof. To get a permanent order, you must convince the judge by clear and convincing evidence that the restrained person committed unlawful violence, made a credible threat, or engaged in harassment.¹ That is a higher bar than the “more likely than not” standard in most civil cases.

Plan on calling the affected employee, any witnesses, and introducing the documents behind the petition. The judge may conduct an independent inquiry, asking questions beyond what the attorneys present.

One point catches employers off guard. If the restrained person is a current employee of the same company, the judge must receive evidence about the employer’s decision to retain, terminate, or discipline that person.¹ Be ready to explain what workplace actions you have already taken in response to the conduct.

The restrained person has the right to file a written response and present their own evidence and testimony. If the judge grants the permanent order, it is issued on Form WV-130 (Workplace Violence Restraining Order After Hearing).

What the Order Does Once Granted

A permanent WVRO lasts up to three years. If the judge does not write in an expiration date, it defaults to three years.¹

The order prohibits the restrained person from owning, possessing, purchasing, or receiving any firearm or ammunition for its duration, whether the order is temporary or permanent. The court is required to order the surrender of any firearms the person currently has.¹ Knowingly possessing a firearm while subject to a WVRO is a separate offense under Penal Code 29825, punishable by up to one year in county jail, a fine of up to $1,000, or both.⁸

Any intentional violation of the order itself is a misdemeanor under Penal Code 273.6, punishable by up to one year in county jail, a fine of up to $1,000, or both, with higher penalties where the violation causes physical injury or involves repeat conduct.⁹ Because the order is entered into the CLETS database, any officer who encounters the restrained person can verify it on the spot. Tell the protected employee to call law enforcement rather than try to enforce the order themselves.

Renewing the Order

A WVRO can be renewed for additional three-year periods. You do not need to show that any new violence or harassment has occurred since the original order; the renewal can rest on the original conduct alone. The request must be filed within the three months before the order expires.¹ Miss that window and you are back at the beginning of the petition process, so calendar the deadline well in advance.

Either party can also ask the court to terminate or modify the order before it expires by filing a motion, or both sides can agree to changes through a written stipulation filed with the court.

Using Your Workplace Violence Prevention Plan

Since July 1, 2024, Labor Code Section 6401.9 has required most California employers to maintain a written Workplace Violence Prevention Plan covering hazard identification, incident response, training, investigations, and anti-retaliation measures.¹⁰ This plan does not replace the WVRO process, but the incident logs and investigation records it generates are exactly the kind of documentation that strengthens a petition. If no written plan exists, that gap creates both a Cal/OSHA compliance exposure and a thinner evidentiary record for any restraining order you later need to pursue.

1
California Legislative Information. California Code of Civil Procedure 527.8
2
California Courts. Ask for a Restraining Order in a Workplace Violence Case
3
California Courts. Confidential Information for Law Enforcement (CLETS-001)
4
California Courts. Attached Declaration (MC-031)
5
Superior Court of California. Statewide Civil Fee Schedule
6
California Courts. Workplace Violence Restraining Orders in California
7
California Courts. Sheriff, Marshal, or Other Peace Officer Serves Your Request for Restraining Order
8
California Legislative Information. California Penal Code 29825
9
California Legislative Information. California Penal Code 273.6
10
California Department of Industrial Relations. Cal/OSHA Workplace Violence Prevention for General Industry