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Workplace Violence

 
  1. Possessing firearms or ammunition: During the GVRO period, the person is prohibited from owning, purchasing, possessing, or receiving firearms or ammunition. If the person is found in possession of firearms or ammunition, they can be charged with violating the GVRO.

  2. Attempting to purchase firearms or ammunition: The person is also prohibited from attempting to purchase firearms or ammunition during the GVRO period. If they attempt to purchase firearms or ammunition, they can be charged with violating the GVRO.

  3. Refusing to surrender firearms and ammunition: When a GVRO is issued, the person is required to surrender their firearms and ammunition to law enforcement or sell them to a licensed firearms dealer. If the person refuses to surrender their firearms and ammunition, they can be charged with violating the GVRO.

  4. Refusing to provide information about firearms and ammunition: If the person is ordered to provide information about any firearms or ammunition they own, and they refuse to do so, they can be charged with violating the GVRO.

If a person violates a GVRO, they can be charged with a misdemeanor or felony, depending on the circumstances of the violation. The penalties for violating a GVRO can include fines, jail time, and probation. In addition, violating a GVRO can result in a permanent prohibition on owning or possessing firearms.

 

In California, workplace violence restraining orders (WVROs) are governed by California Code of Civil Procedure, Section 527.8. This law provides a legal mechanism for employers to obtain a restraining order against an employee or former employee who has threatened or engaged in violent behavior in the workplace.

Under this law, an employer can seek a WVRO if an employee or former employee has threatened, harassed, or acted violently in the workplace, and the employer believes that the person is likely to cause harm. The WVRO is intended to provide a legal mechanism for employers to protect their employees from harm and to prevent workplace violence.

The WVRO process involves filing a petition with the court, providing evidence of the alleged threat or violence, and requesting an order prohibiting the person from coming near the workplace or contacting the employer or employees. The person against whom the WVRO is sought has the opportunity to contest the order in court and present evidence on their behalf.

If the court grants a WVRO, it will be in effect for up to three years. The person against whom the WVRO is issued is prohibited from coming within a certain distance of the workplace and from contacting the employer or employees. If the person violates the WVRO, they can face criminal charges and penalties.

It is important to note that the WVRO process is a civil proceeding, not a criminal one. However, if a person violates a WVRO, they can be charged with a crime and face criminal penalties.

To obtain a workplace violence restraining order in California, you must meet certain requirements, which may include:

  1. You must be an employee or an employer: To qualify for a workplace violence restraining order, you must be either an employee or an employer who has suffered violence or credible threats of violence at work, or who has a reasonable fear of violence from someone at work.

  2. You must have suffered violence or threats of violence: You must provide evidence that you have suffered violence or credible threats of violence at work or that you have reasonable fear of violence from someone at work. The violence or threats of violence must have been committed by the person you are seeking protection from.

  3. You must have a close relationship with the person you are seeking protection from: The person you are seeking protection from must be someone you have a close relationship with, such as a co-worker, supervisor, or employer.

  4. You must have a credible fear of future violence: To obtain a workplace violence restraining order, you must demonstrate that you have a credible fear of future violence from the person you are seeking protection from. This fear must be reasonable and based on evidence of past violence or threats of violence.

  5. You must file a petition with the court: To obtain a workplace violence restraining order, you must file a petition with the court in the county where you work. The petition must include specific information about the violence or threats of violence you have experienced and the person you are seeking protection from.

  6. You must attend a court hearing: After you file a petition for a workplace violence restraining order, you will need to attend a court hearing to present evidence and arguments as to why the restraining order should be granted.

It is important to note that workplace violence restraining orders are a serious matter and should only be pursued if you have a genuine need for protection. These orders are mostly filed by Employers or other business owners trying to protect employees. 

The law governing California workplace violence restraining orders is found in the California Code of Civil Procedure section 527.8. These laws allow for the issuance of restraining orders to protect employees or employers who have suffered violence or credible threats of violence at work, or who have a reasonable fear of violence from someone at work.

To obtain a workplace violence restraining order in California, the victim or their employer must file a petition with the court. The petition must provide evidence that the victim has suffered violence or credible threats of violence at work, or has a reasonable fear of violence from someone at work. The violence or threats of violence must have been committed by the person the victim is seeking protection from.

If the court finds that the victim has suffered violence or is at risk of violence, the court may issue a restraining order prohibiting the abuser from having contact with the victim. The restraining order may include provisions such as requiring the abuser to stay away from the victim's workplace, prohibiting the abuser from contacting the victim in any way, and ordering the abuser to surrender any firearms they may possess.

It is important to note that violating a workplace violence restraining order can result in serious legal consequences, including fines and imprisonment. Employers are also required to take reasonable steps to prevent workplace violence and protect their employees.

Contact Me Today

The Law Office of Brian Michaels is committed to answering your questions about your restraining order in California.

Brian Michaels offers a free consultation and he'll gladly discuss your case with you at your convenience. Contact Brian today to schedule an appointment.

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