Workplace Violence Restraining Orders

Unfortunately, acts of violence or credible threats of violence sometimes spillover to the workplace.  While this not only disrupts business operations, most importantly it endangers employees.  Fortunately, in Indiana, employers are permitted to apply for an order, called a Workplace Violence Restraining Order, on behalf of their employee(s) prohibiting the abuser from any further acts of unlawful violence or credible threats of violence against the victim and his or her family.  The order may also prohibit the abuser from approaching the victim’s place of work, home, school, or other specified location.

When an employer becomes aware of an act of unlawful violence or credible threat of violence made against an employee, the employer can immediately apply for a temporary restraining order which is effective for a maximum of 15 days.  Prior to the expiration of this 15-day period, however, the court will also conduct a hearing at which time it may issue a permanent restraining order effective for a period of 3 years.  Unlike other restraining orders, the Indiana Workplace Violence Restraining Order is a particularly useful tool as it allows the employer to obtain an order on behalf of its employee(s) and it applies to specific property and locations, not just people.