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I wanted to file a restraining order against a coworker, what would I need to do? Are there different kinds of restraining orders in California? What kind of grounds do I need to get a restraining order and how long does it last?
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In California there are 4 types of restraining orders:
Workplace Violence Restraining Order
Domestic Violence Restraining Order
Civil Harassment Restraining Order
Elder or Dependent Adult Abuse Restraining Order
You would think that it would be the Workplace Violence Restraining order but this can only be filled out by an employer on an employee’s behalf if the employee has suffered or been threatened by violence.
The restraining order that you would want would be:
Civil Harassment Restraining Order
Use this restraining order if you are harassed by someone.
Harassment is violence, or even a threat of violence, and or behevior that could defined as frightening or perturbing and done on purpose.
Civil harassment order can be used to protect someone from roommates, neighbors, and in your case co-workers.
You will need to fill out forms CH-100 and CH-120. Then file them
with the court clerk.
Where can I get these forms?
The court can make the person who loses the case pay all
the court fees and the lawyer’s fees for the other party.
You can get the forms at any courthouse or http://www.courtinfo.ca.gov/forms
You may get a temporary restraining order within 24 hours. After that the order can last up to 3 years.
The order must be “servered” against your co-worker to be started. If the co-worker disobeys the order, call the police as the co-worker could then be arrested.
Also, you may have to pay a court fee unless you are asking for a restraining order against a person who:
Was violent
Threatened you
Stalked you
Acted in a way that scared you.
If that is not the case, you can also ask for a fee waiver.
Even with all this information, you may want to talk to a lawyer about this type of restraining order.