Elder Law News

Any Employer, Whose Employee Has Suffered Unlawful Violence Or Threat Of Violence

Any employer, whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. The employer initiates the action with the filing of a “Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee and Application for Temporary Restraining Order.” The initial order rendered is in the form of a temporary restraining orders with a corresponding court hearing date. At which time a restraining order lasting up to three (3) years may be granted. The employer asking for this order, on behalf of his or her employee against the other person, may file a petition at any clerk’s office in the Kings County Superior Court. The necessary forms may be obtained at any of the clerk’s offices or may be downloaded by linking to the web site for the Judicial Council web site located at www.courtinfo.ca.gov/forms. The Judicial Council has prepared instructions for lawsuits to prohibit workplace harassment, Judicial Council Form WV-150.  The instruction booklet describes court orders an employer can get and how to obtain them.  It also includes directions for a respondent who wants to oppose the employer’s petition. The instructions do not cover all of the problems and questions that may arise in a particular case.  If you are not clear on how to protect your rights, you should see an attorney.

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	Did You Know?
	Estimated that 820,000 elders became victims of elder abuse in 1994 The National Aging Resource Center on Elder Abuse (now the National Center on Elder Abuse) estimated that in 2004 there were 820,000 elders became victims of elder abuse. 106 percent increase in the number of reported cases between 1986 and 1994, from 117,000 to 241,000.