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.
Indiana's Updated Civil Protection Order, No Contact Order, and Workplace Violence
Restraining Order Forms