Are you an employer who has been made aware that an employee has been battered, stalked, or received a credible threat of violence against the employee via statements or a 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? Protect your employee, and protect yourself and your company from possible liability; Research obtaining a Workplace Violence Restraining Order.
Under Indiana Code 34-26-6, courts can issue orders to protect an employee from unlawful violence or credible threats of violence. These orders can be requested by the employer of a person who is the target of unlawful violence or credible threats of violence, and will be enforced by law enforcement officers. These orders are called “Workplace Violence Restraining Orders” (WVRO’s). There are 2 kinds of WVRO’s—a temporary restraining order (TRO) issued without a hearing that lasts a maximum of 15 days, and an injunction (an order issued after a hearing) that lasts up to 3 years.
The employer asking for these orders is called the “plaintiff”. The plaintiff needs to file a petition in a court of record, on behalf of his or her employee, against the other person (the “defendant”) to get these orders. There will be a court hearing within 15 days of the filing of the petition.
This instruction booklet explains what court orders an employer can get and how to get them. These instructions cannot cover all of the problems and questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see an attorney.
These forms can be used only by an employer of a person who is the target of unlawful violence or a credible threat of violence.