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EspañolWhat happens if the respondent violates the order?
Violation of a temporary or final workplace violence restraining order can be a misdemeanor that is punishable by a fine of up to $1,000, up to one year in jail, or both. If the violation results in the victim being physically injured, the fine can go up to $2,000.1
1 Cal.C.C.P. § 527.8(t); Cal.Penal Code § 273.6(a), (b)
What happens if the respondent has a gun after the order is issued?
A person who has a workplace violence restraining order against him/her cannot legally have a gun or ammunition.1 Any guns in his/her possession must be given to the police or sold to a licensed gun dealer within 24 hours of the order being granted.2 If the respondent keeps a gun or tries to purchase a new one, s/he could be guilty of a “public offense,” which is punishable by imprisonment in a county jail or state prison for up to one year, a fine of up to $1,000, or both.3
1 Cal.C.C.P. § 527.8(s)(1)
2 Cal.C.C.P. § 527.8(s)(2)
3 Cal.C.C.P. § 527.8(s)(3); Cal.Penal Code § 29825(a)
Can a workplace violence restraining order be renewed?
The employer can file a request for renewal at any time within the three months before the final order expires. The employer does not have to show that any further violence or threats of violence have happened. A final order can be renewed for up to three years.1
1 Cal.C.C.P. § 527.8(k)(1)
