Expansion of Workplace Violence Restraining Orders

Employers should take any threat of workplace violence seriously. One tool to prevent violence is to seek a workplace restraining order. The practical reach of the California statute providing for Workplace Violence Restraining Orders, Code of Civ. Procedure § 527.8, is expanding. In County of Los Angeles v. Niblett, a California appellate court last year upheld a three-year restraining order based on aggressive, escalating conduct—including shouting, close physical intimidation, and references to workplace violence—without an explicit threat.

The decision confirms courts will act on credible intimidation and escalation patterns, not just overt threats.