Recently updated on March 11th, 2025 at 08:34 pm

Overview of laws aimed at a harassing coworker

In California, if you’re facing a coworker who is annoying, or making you fear for your personal safety, then there are various legal options you can explore. Keep in mind that the specific details of your situation may impact the best course of action, and it’s advisable to consult with a legal professional for personalized advice regarding coworker harassment laws in California.

 

Here are a few potential options:

Option 1  Report to Human Resources team of your Employer

Before pursuing legal action in California, you may want to consider the HR department as an alternative to going to the court. This involves professionals in the Human Resources department with helping you and your coworker discuss the issues and come to a resolution. It works if both parties are open to cooperating with each other for finding a solution.

In general HR personnel have the best interest of the company as the top priority and their motivation is to minimize the risk of legal action against the corporation or company where you and your co-worker work at. So its important to be aware of this dynamic and reality

 

Option 2 Complaint with California’s Civil Rights Department (CRD) for Discrimination

When someone files a discrimination complaint, CRD evaluates the facts and decides whether to accept the case for investigation. If it accepts the case, CRD independently investigates the facts and the legal issues. This involves reviewing respondents’ responses to complaints and other information and evidence that complainants and respondents submit, among other things. CRD attempts to resolve the dispute in appropriate cases. CRD may also decide to take legal action.

 

Option 3 Get a Restraining Order for Harassment, Sexual Harassment at the Workplace and Emotional Distress by Coworkers

Situation Examples

Example 1: Sexual Harassment at Work  

Any person (not necessarily your boss or a senior ) can be guilty of sexual harassment if they do sexually suggestive at the work place including

• Gestures
• Discussions or comments
• Unwanted touching  (including massages, or back rubs)
• Unwanted propositions
• Insults or degradation, or teasing or humor
• Content: online posts, videos, photos, cartoons, posters
• Jokes, or slurs

 

Example 2: Disruptive coworker

“In a very unfriendly work environment created by Susan, characterized by frequent yelling and screaming, numerous requests had been made for her to cease such disruptive behavior. The strained atmosphere reached a tipping point during a recent incident when Susan left the office to grab coffee for all of the employees at our work. This outing was prompted by my notification that an essential item of mine, had inadvertently been left in a meeting room that Susan typically uses. Despite my initial intention to retrieve the item myself, Susan surprisingly granted me permission to enter the meeting room and retrieve it.

However, tensions escalated upon their return. I found myself unexpectedly accused of moving chairs, a claim that triggered a torrent of vehement yelling and insulting remarks from Susan. The situation took a physically aggressive turn when Susan pushed me.

In an unexpected and distressing turn of events which Susan escalated into a confrontation. “

Example 3:  Harassing co-worker

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.

Example 4: Emailing me after hours and making me fearful

I almost had to take action against one of our catering staff. He kept harassing me about his health plan choice, insisting that I had made a mistake. He worked second shift and would send me emails at all hours, which eventually became quite threatening. I warned his supervisor to handle the situation before I had to step in myself.

What you can do

If your coworker breaks harassment laws California which includes making you fear for your safety (California Code of Civil Procedure Section 527.6) , you can be successful in getting a restraining order.

 

Option 4  File for a Sexual Harassment Lawsuit

A sexual harassment lawsuit in the workplace in California involves an employee or former employee filing a legal claim against their employer or co-worker, alleging that they have been subjected to sexual harassment at work. Sexual harassment in the workplace can take many forms and is illegal under both state and federal law.

Types of Sexual Harassment

1. Quid Pro Quo: This occurs when a supervisor or someone in authority requests sexual favors in exchange for job benefits, such as a promotion, raise, or to avoid negative consequences like being fired or demoted.
2. Hostile Work Environment: This type of harassment involves unwelcome conduct of a sexual nature that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. This can include inappropriate jokes, comments, gestures, or displays of sexual material.

Relevant Laws:

1. California Fair Employment and Housing Act (FEHA): California’s FEHA provides strong protections against sexual harassment in the workplace. It covers employers with five or more employees and protects employees, interns, applicants, and even contractors.
2. Title VII of the Civil Rights Act of 1964: On the federal level, Title VII prohibits employment discrimination based on sex, including sexual harassment.

Filing a Lawsuit:

1. Administrative Complaint**: Before filing a lawsuit in court, the victim must typically file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). These agencies will investigate the claim and may issue a “Right to Sue” letter, which allows the victim to file a lawsuit in court.
2. Time Limits**: In California, you generally have one year from the date of the harassment to file a complaint with the DFEH. After receiving a Right to Sue letter, you have one year to file a lawsuit in civil court.
3. Compensation: If successful, the victim may be entitled to compensation for lost wages, emotional distress, and punitive damages. In some cases, the employer may also be required to implement workplace changes to prevent future harassment.

 

Employer Responsibilities:

Employers in California are required to take reasonable steps to prevent and promptly correct sexual harassment in the workplace. This includes providing regular sexual harassment training and having clear policies and procedures for reporting harassment. If an employer fails to address or prevent harassment, they can be held liable in a lawsuit.

Option 5: Call the Police for Criminal Case for Physical harm, Trespassing, Theft, Other Crimes or Even Civil Rights

Example 1: Coworker touched me inappropriately

 

If your coworker is committing a crime, the you will have the support of your local police department or Sheriff’s office in taking action.

Call 911 if there is an emergency that requires immediate assistance from the police because the crime is in progress or just occurred, someone is pointing a weapon at someone or if there’s suspicious or violent physical activity.

For non emergency situations you can report the crime either by calling the local police or county Sheriff’s office.

Common crimes are:

• Hitting or physical violence of any kind (California Penal Code (CPC) Section 242)
• Burglary (CPC 459)
• Theft (CPC 602)
• Vandalism (CPC 594)
• Trespassing e.g. entering your unlocked apartment  (CPC 602)

 

CRIMINAL VIOLATIONS OF CIVIL RIGHTS

Example:  A racist group tells other members that Mexicans and Puerto Ricans should go “back where they came from.” They burn a cross in the front yard of a young Hispanic couple in order to frighten them and force them to leave the job. Before burning the cross, the defendant displays a gun and gives one of his friends another gun in case the victims try to stop them.

The Criminal Section of the U.S. Department of Justice Civil Rights Division prosecutes people who are accused of using force or violence to interfere with a person’s federally protected rights because of that person’s national origin. So these cover workplace harassment laws of a more serious kind such as housing, employment, education, or use of public facilities.

You can reach the Criminal Section at (202) 514-3204.

When is sexual harassment a crime

In California, Sexual harassment can be criminal in certain circumstances if it involves any of the following

• Stalking
• Sexual assault.
• False imprisonment.
• Rape.
• Indecent exposure.

	Criminal	Civil including Family
Definition and Examples	Deals with crime and the legal punishment of injuries to the public More serious law such as murder, rape, burglary, physical harm, theft, etc.	Disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.   Family law then concerns with divorces, custody etc.   Some restraining orders fall in family category while others in civil.
Filed by	Government (Prosecutor or District Attorney).   For example: The victim doesn’t need to file a case against the car thief, or hire a lawyer.	Individual   The victim may file a case which is commonly called lawsuit or to sue someone.
Purpose	Maintain civilized society by punishing and deterring offenders	Resolve disputes, and social justice
Jury or Judge	Jury Defendant is convicted if guilty and acquitted if not guilty. The jury decide this	Judge Defendant can be found liable or not liable. The judge decides this.
Standard of Proof	Beyond a reasonable doubt	preponderant of the evidence
Burden of Proof	Innocent until proven guilty	Less stringent – but still the person filing the case must provide evidence
Punishment	Imprisonment, monetary fine	Compensation Other behavioral changes e.g. stay away or not contact

If your coworker has broken laws around harassment, then you can file the following legal cases:

• Criminal Case: In a criminal case, the burden of proof is beyond a reasonable doubt, the highest burden of proof.
• Civil Harassment Restraining Order : This is considered a civil law case, and the victim has to give some evidence and generally the burden is low and the victim must establish “reasonable proof of a past act or acts of abuse.” .The legal language is in California Penal Code 13700: “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.”

The court considers accusations of abuse leniently, and favors on issuing orders as long as there is some evidence.

Even though violence is usually a crime, its included in harassment in situations where the victim may want to get a restraining order in addition to the criminal charges.  A restraining order is faster to get, and lasts a predictable duration and therefore victims may get it in addition to the criminal case.

 

Details on Civil Harassment Restraining Order

Overview

A Civil Harassment Restraining Order is overall a very helpful solution from your list of coworker harassment laws in California.  In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms. These have questions aimed at understanding your situation and the people involved.

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don’t plan to file for a protection order right now. You can prepare your court forms anonymously here.

You can then file them online when you’ve thought through all aspects.  There are special protections for victims, and you’re protected even if your immigration status is undocumented in United States.

Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing, called an Emergency Temporary Order.  In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing.

 

Law that defines what is harassment by coworker (or by anyone) in California

The law that formally defines harassment is California Code, Code of Civil Procedure – CCP Section 527.6 which defines harassment as any of:

• Unlawful violence: which is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others. This includes:
  • Assault (intentionally attempting to cause harmful or offensive contact)
    Example: Someone swings a fist at you, or throws an object at you, with the intention of hitting you, but miss.
  • Battery (intentional harmful or offensive contact)
    Example: Someone swings a fist at you, or throws an object at you, with the intention of hitting you, and they are successful.
• A credible threat of violence: which is the deliberate and repeated conduct that makes a person fear for their safety, or the safety of a loved one
  • Example: “If you ever call the cops on me again I’m going to harm your dog”
• Repeated conduct that emotionally harms: A deliberate and repeated conduct that seriously alarms, annoys, or causes severe emotional distress on a person without any legitimate reason
  • Example: Getting 50 unwanted and upsetting text messages, emails and/or phone calls from the same person within a week for no reason.

 

If someone has committed any of the above actions, you may have grounds to get a civil harassment restraining order.

*See Ann.Cal.C.C.P. §527.6(b); Ann.Cal.Penal Code §§240, 242, 646.9
**See Ann.Cal.C.C.P. §527.6(b)

 

View Full Text

 

What if I am Under 18 years of Age

Restraining orders can be requested by anyone 12 years or older, and without your parent’s permission.  If you are under 18, a judge may ask you to have a trusted adult help you in your case after you have filed for the petition. such as a parent, guardian  a counselor or a neighbor.

Here’s the exact text from the California law (formally called Code of Civil Procedure) section 527.6

“A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374.”

 

How a Civil Harassment Restraining Order Solves the Problem

The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a restraining order may prohibit the respondent from

1. Approaching or contacting the petitioner including via text or social media
2. Staying away from the usual places petitioner is at such as home, work or school
3. Prohibit stalking, or surveillance of any kind
4. In situations where they lived together, provide custody or access to
   • Children
   • Pets
   • Important documents
   • Personal items such as clothes, medications, cell phones
   • Cars
5. Extending the protections to others living with the petitioner

 

Process for Getting a Civil Harassment Restraining Order

STEP 1 Gather evidence to support your case

The fallowing are considered as evidence of domestic violence

Evidence Type 1: Pending Criminal Case

Judges are also more likely to issue an order if there is an ongoing criminal case, therefore it’s important to call such cases out when seeking a temporary restraining order.

When a judge sees that there’s a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Examples of evidence are:

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim’s injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

• The number dialed in case of the domestic hotline
• The date and time (or approximate date and time) when the call was made
• Who made the call
• What was reported on the call
• Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

• A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

 

STEP 2 Fill forms online (or download the PDF forms) 

Option 1 

Prepare your court forms online in a step by step simple way

 

 

Option 2

You can download  the PDF for free from the Judicial Council of California website, and fill the court forms. These forms have questions aimed at understanding your situation and the people involved.

1. CM-010 Civil Case Cover Sheet Required when you file any new civil case.
2. CH-100 Request for Civil Harassment Restraining Orders : This is the main form (or lead document) that has basic information about the you (or the victim) and the harassment, and the concrete details of the harassment. Then it covers the specific protections you need
3. CH-109 Notice of Court Hearing: This form is only used if your initial case is successfully submitted but you sill need to file it initially as part of CH-100.
4. You will the basic information to make it easier for the court to fill their parts and issue a notice of hearing to all parties including you (or the victim) and the abuser.
5. In case a hearing is set then the court fills this form and completes it. Then this is used as a formal “invitation” or notice to attend the court hearing.
6. CH-110: Temporary Restraining Order (CLETS-TCH) This form is only used if your initial case is successfully submitted but you sill need to file it initially as part of CH-100. You will the basic information to make it easier for the court to fill their parts
7. In case a hearing is set then the court will issue a temporary restraining order via this form so you (or the victim) have protection until the hearing happens. So this is a very powerful document once a judge signs it.
8. CLETS-001: Confidential CLETS Information: The information on this form will help police enforce your restraining order. The court will not use the information on this form and the person you want a restraining order against will not get a copy.
9. CH-200 Proof of Personal Service: Use to prove that you had someone 18 or older (not you) give the person to be restrained a copy of the request, notice of court hearing, and temporary restraining order (if issued) in person.
10. CH-130 Civil Harassment Restraining Order After Hearing (CLETS-CHO): If the judge grants any a full restraining orders (as opposed to the temporary order) they will fill and sign this form. This is the official restraining order then
11. CH-120 Restraining Orders Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
12. CH-800 Proof of Firearms Turned In, Sold or Stored : Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
13. CH-250 Proof of Service by MailUse to prove that you had someone 18 or older (not you) mail to the restrained person a copy of your Civil Harassment Restraining Order After Hearing (form CH-130). Make sure you can in fact serve form CH-130 by mail in your case.

The complete set of documents is at the California Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and its important to uses those versions.

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don’t plan to file for a protection order right now, to get

You can then file them online when you’ve thought through all aspects.  There are special protections for victims, and you’re protected even if your immigration status is undocumented in United States.

 

Step 3: File the Court Forms

Typically these are filed at your county’s Superior Courts  which are housed in buildings called Courthouses or some times Justice Centers. These can be filed in person, or from their website using Electronic Filing.

You can also create the forms and file them online directly with the court using the option on the right hand side bar.

Step 5: Get a Temporary Order 

Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing, called an Emergency Temporary Order.  In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing.

Step 6: Serve the abuser 

The idea is to inform the abuser that a court case has been filed against them so they have a fair chance to defend themselves particularly against false accusations.

The options for serving are:

1. Ask the Sheriff: You can ask the sheriff to to serve the other side with your court papers. Sheriff’s usually have a small office within the court building for this purpose
2. Any adult other than you who are 18 or over and not party to the case.
   • You can also hire a professional process server which is like a specialized courier for legal documents
   • Anyone else like a friend

Step 7: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.

 

 

Step 8. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs

Some of the civil protection orders have no cost, owing to their use in protecting victims.

 

Domestic Violence:    $0  (FREE)

Civil Harassment:    $435

If the other person has been violent towards you, OR stalked you, OR threatened violence, you will not have to pay the court filing fee. This is indicated in a specific location on form CH-100. LegalAtoms online guided experience makes it easier for you to answer this and help you save $435 filing fees

You can also request the fee to be waived if you cannot afford to pay but you have to

1. Either provide evidence that you’re on MediCAL or food stamps or any other social programs
2. OR fill a long form detailing your income and expenses.

 

Duration for getting a Civil Harassment Restraining Order

You can get a temporary protection order the same day as you file.

Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

 

Risks in a Civil Harassment Restraining Order

It is conceivable that following the submission of a civil harassment restraining order, the abuser particularly in proximity may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may inflict damages or do some other harm which is unpredictable.

 

Types of restraining orders and the situations they apply to

There are a few different types of restraining orders and typically only one of them may apply to your situation. The first step is to see if any of the different types of restraining order applies to your situation or is remotely related as that might help you decide whether to apply .

The types are:

Domestic Violence is for situations involving domestic violence which is when a victim has been abused by a romantic partner (spouse, domestic partner, girlfriend/boyfriend) or a family member. For a complete overview of what is domestic violence please review: What is the legal definition of Domestic Violence in California

 

Civil harassment applies to situations involving repeated irritating behavior, stalking, abuse, or threatened by someone you are not as close to as is required under domestic violence cases, like a coworker, a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews. Read about the law in Code of Civil Procedure section 527.6

 

Elder Abuse: A senior citizen (or an adult who cannot function independently) is being abused by a caretaker, neighbor or child .

 

 

Gun Violence: Typically, a police officer or sheriff who thinks someone might hurt themselves or someone else with a gun. This can stop that person from buying or owning a gun. It can’t order them to stay away from someone.

 

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

 

 

School Violence involves violence, or threat of, against one or more students of a private postsecondary (after high school) school. This type of restraining order may only be granted if the threat of violence is for an act that would likely take place on the school’s campus, and is requested by school official.