Do you have employees who have been the subject of unlawful violence or credible threats of violence while at work—possibly from former employees or others? If so, Indiana law allows you as the employer to apply for an order—called a workplace violence restraining order—on behalf of the employee prohibiting the abuser from any further acts of unlawful violence or credible threats of violence against the victim and his or her family. The order may also prohibit the abuser from approaching the victim’s place of work, home, school, or other specified location.
Generally, after an act of unlawful violence or credible threat of violence is made against an employee, the employer may immediately apply for and be granted a temporary restraining order which is effective for a maximum of 15 days. Prior to the expiration of this 15-day period, the court will also conduct a hearing at which time it may issue a permanent restraining order effective for a period of 3 years. As opposed other types of restraining orders, the Indiana Workplace Violence Restraining Order is a particularly useful for employers as it allows the employer to obtain an order on behalf of an employee and it applies to specific property and locations, not just people.
If you have any questions about Indiana Workplace Violence Restraining Orders, please contact Dan Robinson or one of the other Manufacturing or Distribution attorneys at Bamberger.
Author: Daniel R. Robinson (bio)
Email: [email protected]