Martinez Workplace Violence Restraining Order Attorney
In Martinez and across California, workplace violence is a serious threat to the safety of employees and interrupts productivity. Under California law, employers are allowed to petition for workplace violence restraining orders (WVROs) to protect their workers from repeated violence, threats, or harassment. If you have been issued a WVRO, a Martinez workplace violence restraining order lawyer from Tully & Weiss can support you.
At Tully & Weiss, our experienced team of criminal defense lawyers in Martinez is dedicated to defending the rights and interests of those facing accusations in Martinez and the surrounding areas. We leverage a client-forward approach, working to understand the particular details of your case and concerns. Then, we can build a tailored defense strategy aimed at achieving optimal case outcomes. Together, we can fight to defend your rights and freedoms.
What Is a Workplace Violence Restraining Order?
A Workplace Violence Restraining Order (WVRO) is a court order that seeks to protect workers from harassment, violence, or threats at their job. Only employers can request this specific type of restraining order from the Wakefield Taylor Courthouse. This makes it different from personal restraining orders, such as a domestic violence restraining order (DVRO) or civil harassment restraining order, which individuals can file for themselves. A DVRO is designed to protect people from abuse by a close family member, co-parent, spouse, or domestic partner, while a civil harassment restraining order is meant for situations where there is harassment by someone who doesn’t have a close relationship with the victim. These different types of restraining orders serve to provide protection in various contexts, whether in personal or professional settings.
A WVRO can be issued under the following conditions:
- Someone has physically tried to harm an employee, or the employee has suffered physical violence.
- An employee has experienced threats online, on the phone, or via mail.
- A worker is being stalked or harassed at their workplace.
- An employee is experiencing coercion or intimidation, such as being followed to and from their workplace.
After a WVRO is granted, it can result in serious restrictions against the accused. It may:
- Order the person to stay a particular distance away from the protected employee and workplace.
- Prohibit them from contacting any employees or the workplace.
- Restrict possession of body armor, ammunition, or firearms.
In some cases, it may also give protections to the employee’s household or family if they are facing threats as well.
We are available 24/7 and can quickly meet you in jail or at your location. Start your defense on the right track from the very first step.
What If Someone Has Filed a WVRO Against You?
If you have been served a workplace violence restraining order, you’re likely feeling overwhelmed and unsure about what steps to take next. It’s crucial to act as soon as possible. First, contact an experienced attorney who can defend your rights and interests.
They can then help you take the following steps:
- Review the order: You should carefully go over all the details of the order, being sure to comply with all the restrictions to avoid further incrimination.
- Adequately prepare for court: You will have written notification of a hearing on Form WV-109. This is an opportunity to defend your side of the story and fight against a permanent order being issued.
- Go to your hearing: Failure to attend a hearing at the Wakefield Taylor Courthouse can lead to an automatic issuing of a permanent workplace violence restraining order, which could seriously restrict your rights and freedoms.
A dedicated criminal defense attorney from Tully & Weiss understands how overwhelming it can be to face a restraining order, especially if it’s based on false accusations. We can help you take the right steps to protect your interests.
Employment and Workplace Statistics in Martinez, CA
63.6% of the population in Martinez is employed, which is higher than the California state average of 60.2%. This means workplace violence restraining orders are probably more likely to be issued. Furthermore, 21.6% of the workforce in the city is employed in local, state, or federal government jobs, compared to the 14.8% statewide average. Therefore, workplace disputes in government are more likely to be an issue in the area.
Industries where workplace violence restraining orders are more likely to arise due to sheer proportions in Martinez include:
- Education and health services (25.3%)
- Professional, scientific & management services (15%)
- Retail trade (12.4%)
- Construction (8.9%)
- Public administration (8.5%)
- Finance and insurance (6.5%)
As the workplace environments in Martinez are diverse, this means unique situations could arise that lead to a WVRO.
FAQs
A: The type of behavior that could justify a workplace violence restraining order includes threatening, harassing, stalking, or physical harming a worker. Further examples include persistent following, a violent confrontation at work, or online harassment. Some workplace violence restraining orders may not be based on sufficient evidence or behavior, causing them to be dismissed during hearings.
A: A WVRO usually lasts until the court hearing is held. If the restraining order is granted by the judge, it can last for up to three years. It is important to understand the duration of your WVRO. That way, you can comply with the listed restrictions. Violations can lead to criminal charges, which can ultimately result in jail time or fines.
A: Yes, if a former employee is accused of threatening the safety of current employees or has engaged in behavior that is considered threatening, an employer can work to file a WVRO against them. It’s important to note that only an employer can file a WVRO. If you are a former employee dealing with a WVRO, an experienced workplace violence restraining order attorney can help you respond to it.
A: Yes, if you have been served a WVRO, you have a right under California law to challenge it during a court hearing. A skilled criminal defense attorney can gather evidence that supports your side of the story, cross-examine witnesses during the hearing, and compellingly present your case. They can negotiate with the prosecution to get the conditions on your restraining order modified or even dismissed.
Defend Your Reputation With a Martinez Workplace Violence Restraining Order Lawyer Today
False allegations can ruin your life in an instant, impacting personal relationships, job prospects, and even the places you can go. Therefore, if you are facing a WVRO, it is crucial to act right away to implement a strategy that defends your rights and interests. A dedicated Martinez workplace violence restraining order lawyer from Tully & Weiss can fight to protect your reputation and future. Contact us today to schedule a consultation.