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California Code Of Civil Procedure Section 527.8

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 527.8

(a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
   (b) For the purposes of this section:
   (1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
   (d) For purposes of this section, the terms "employer" and
"employee" mean persons defined in Section 350 of the Labor Code.
"Employer" also includes a federal agency, the state, a state agency,
a city, county, or district, and a private, public, or quasi-public
corporation, or any public agency thereof or therein. "Employee" also
includes the members of boards of directors of private, public, and
quasi-public corporations and elected and appointed public officers.
For purposes of this section only, "employee" also includes a
volunteer or independent contractor who performs services for the
employer at the employer's worksite.
   (e) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the defendant, and that great or irreparable
harm would result to an employee. In the discretion of the court, and
on a showing of good cause, a temporary restraining order or
injunction issued under this section may include other named family
or household members who reside with the employee, or other persons
employed at his or her workplace or workplaces.
   A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 15 days, unless otherwise modified or terminated by the court.

   (f) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction. The defendant may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence or may file a
cross-complaint under this section. At the hearing, the judge shall
receive any testimony that is relevant and may make an independent
inquiry. Moreover, if the defendant is a current employee of the
entity requesting the injunction, the judge shall receive evidence
concerning the employer's decision to retain, terminate, or otherwise
discipline the defendant. If the judge finds by clear and convincing
evidence that the defendant engaged in unlawful violence or made a
credible threat of violence, an injunction shall issue prohibiting
further unlawful violence or threats of violence. An injunction
issued pursuant to this section shall have a duration of not more
than three years. At any time within the three months before the
expiration of the injunction, the plaintiff may apply for a renewal
of the injunction by filing a new petition for an injunction under
this section.
   (g) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (h) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
   (i) (1) The court shall order the plaintiff or the attorney for
the plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence.
   (2) At the request of the plaintiff, an order issued under this
section shall be served on the defendant, regardless of whether the
defendant has been taken into custody, by any law enforcement officer
who is present at the scene of reported unlawful violence or a
credible threat of violence involving the parties to the proceedings.
The plaintiff shall provide the officer with an endorsed copy of the
order and proof of service that the officer shall complete and send
to the issuing court.
   (3) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the plaintiff
or the protected person cannot produce an endorsed copy of the order,
a law enforcement officer shall immediately attempt to verify the
existence of the order.
   (4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the defendant of the terms of the order and obtain the
defendant's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the defendant into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.
The plaintiff shall mail an endorsed copy of the order to the
defendant's mailing address provided to the law enforcement officer
within one business day of the reported incident of unlawful violence
or a credible threat of violence at which a verbal notice of the
terms of the order was provided by a law enforcement officer.
   (j) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (k) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (l) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
   (m) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to this section. The forms for the petition and response
shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.
   (n) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
   (o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
   (p) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against an employee of
the petitioner, or stalked the employee, or acted or spoken in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
   (q) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a temporary restraining order or injunction to be
issued pursuant to this section if either of the following conditions
apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
   (2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.

Last modified: January 12, 2009