Can I file a legal case against a harassing coworker
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Recently updated on October 1st, 2024 at 11:35 am
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 two types of restraining orders that apply to your situation
Civil harassment Restraining Order (CHRO) 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.
Workplace Violence Restraining Order (WVRO) : An employer (NOT YOU) needs to file this case type to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.
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.
- Assault (intentionally attempting to cause harmful or offensive contact)
- 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)
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
- Approaching or contacting the petitioner including via text or social media
- Staying away from the usual places petitioner is at such as home, work or school
- Prohibit stalking, or surveillance of any kind
- In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
- Extending the protections to others living with the petitioner
Here's the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire
Reduce Violence
Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
Urban Vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.
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.
- CM-010 Civil Case Cover Sheet Required when you file any new civil case.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- CH-120 Restraining Orders Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
- 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.
- 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:
- 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
- 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
- Either provide evidence that you're on MediCAL or food stamps or any other social programs
- 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.
