DOMESTIC VIOLENCE AT WORK ZONE
Protection Orders and The Workplace by Maya Raghu
In addition to occupational-based hazards, employees experience threats to their safety at work from personal relationships or domestic violence, stalking or sexual assault.1 Some victims of violence may obtain protection orders to help keep them and their family members safe. The terms and conditions of the protection order may affect the workplace in which they are employed, as well as the workplace of the perpetrator.
This article outlines basic information about protection orders obtained in cases of stalking, domestic violence and sexual assault, and the workplace implications for employers and unions.
What is a Protection Order and What Does it Do? A protection order (also called an order of protection or restraining order) is an injunction issued by a civil or criminal court that requires one person to stay away from another person. The injunction can also order one person to stop doing something to another person (like harming them), or require someone to take an action (such as give up a firearm, or pay child support).
A person who is experiencing domestic violence, and in some states, sexual violence or stalking, can obtain a protection order against another person.2 In some states, an employer can also obtain a protection order against an individual who has or will pose a threat to the workplace.3 Protection orders are issued by a civil court (such as a family or domestic relations court), a criminal court, or a tribal court for areas subject to tribal law.4 In civil court, the person who is the victim of domestic violence, sexual assault or stalking starts the process by filing a request or petition for an order. Hence they are known as the petitioner, and the person who they are seeking to enjoin -- the perpetrator -- is known as the respondent. The petitioner determines when to start the case and can drop the action at any time by filing a motion to withdraw the petition. To obtain a civil protection order, the petitioner (victim) usually alleges that they experienced domestic violence, sexual assault or stalking (or the threat of such) due to the perpetrator‘s actions. In many states, a petitioner seeking a protection order due to domestic violence has to demonstrate a relationship with the respondent – for instance, that they are family members, current or former spouses or intimate partners, or that they have a child in common.
In contrast, a criminal protection order is issued as a result of a criminal proceeding initiated by a prosecutor after someone has been arrested and charged with a crime.
Read m ore Domestic Violence Employment Protections Bill Becomes Law in California!
Governor Brown signed SB 400, a bill authored by State Senator Hannah-Beth Jackson to provide employment protections to survivors of domestic violence, sexual assault or stalking. The new law will take effect January 1, 2014. SB 400 makes it unlawful for an employer to terminate or otherwise discriminate against an employee based on his or her known status as a victim of domestic violence, sexual assault or stalking. The law also entitles victims to reasonable safety accommodations at the workplace.
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