Family & Safety

A Workplace Protection Restraining Order is a court order that orders an abuser (respondent) A person who has a petition filed against them to stop any violence or threats of violence against an employee of that workplace or any other person who performs services for the employer at the workplace, including, among others, independent contractors, volunteers, and board members).  The employer (petitioner) A person who makes a written request to a court is the person or entity filing the case requesting the order.

There are two types of restraining orders that can be used together to protect an employee survivor:

• A plenary Workplace Protection Restraining Order is an order that can be in place for up to a year. It can be granted after a hearing When the parties in a case present their sides of a case to a judge or other officer with the judge where the abuser is notified and given an opportunity to come.
• An emergency Workplace Protection Restraining Order is a temporary order that can last between two to three weeks. It is designed to provide immediate protection, especially in a time between when the abuser is notified of the petition (noun) A written request to a court (verb) To request from a court for the restraining order and the hearing. A judge can grant this after a hearing where the abuser does not need to be notified or present.

An employer (petitioner) A person who makes a written request to a court can ask for a Workplace Protection Restraining Order against an abuser (respondent) A person who has a petition filed against them if:

• The employee survivor has suffered unlawful violence outside of the workplace, and the abuser has threatened violence at the workplace,
• The employee survivor believes the abuser has threatened unlawful violence at the workplace, or
• An act of unlawful violence has happened at the workplace, or the abuser has threatened unlawful violence at the workplace.

An employer can be any individual, business, governmental agency, or association with at least 15 employees during the work week.

An employee survivor includes anyone employed by the workplace, a member of the board of directors, a public officer, a volunteer, an independent contractor, A person hired to do a specific job and whose work is not supervised or anyone who performs services at the business for the employer.

A Workplace Protection Restraining Order can:

• Prohibit the abuser (respondent) A person who has a petition filed against them from carrying out any violence at the workplace,
• Order the abuser to stay away from the workplace,
• Order the abuser to pay the employer (petitioner) A person who makes a written request to a court for property losses that are the direct result of the abuser’s actions, such as repairing or replacing damaged or taken property, reasonable lawyer’s Someone who represents clients in courts or who gives legal advice fees, and court costs The fees for going to court, including filing, serving, and getting transcripts to recover the property losses.
   

A plenary Workplace Protection Restraining Order can be in place for up to a year. An emergency Workplace Protection Restraining Order is in effect for two to three weeks.

Yes. Filing fees for a Workplace Protection Restraining Order can vary from county to county.  However, if the employer is an individual and cannot afford the filing fee, Fee charged for filing court documents they can apply for a fee waiver. 
 

An employer (petitioner) A person who makes a written request to a court can file the petition (noun) A written request to a court (verb) To request from a court for the Workplace Protection Restraining Order:

• In the county where the employer (petitioner) resides,
• In the county where the abuser (respondent) A person who has a petition filed against them resides, or
• In the county where the violence happened.

Before they file the petition (noun) A written request to a court (verb) To request from a court to ask for a Workplace Protection Restraining Order, the employer (petitioner) A person who makes a written request to a court must notify the employee survivor in writing. The employer must also talk with the employee survivor to determine whether the employee survivor has safety or well-being concerns, or if this restraining order would interfere with the employee survivor’s own legal actions.

If the employer is also subject to the Victims’ Economic Security and Safety Act, they must also provide an additional specific warning to the employee survivor, notifying them of the rights to leave, accommodations, and prohibition against discrimination.

In addition to notifying the employee survivor in writing, the employer (petitioner) A person who makes a written request to a court must talk to the employee survivor before filing for a Workplace Protection Restraining Order. The employer must talk to the employee survivor about safety or wellbeing concerns, and whether this restraining order would interfere with the employee survivor’s own legal actions. If, after this, the employee survivor does not give their consent When someone gives permission for someone else to do something to request the order, the employer must wait four days after the date of the consultation to file the petition (noun) A written request to a court (verb) To request from a court for the Workplace Protection Restraining Order. However, this four-day waiting period does not apply if there is an immediate threat of physical harm at work and the employer is asking for an emergency order. 

No. An employee survivor is not required to testify, To answer questions under oath participate in, or show up in court for their employer’s request for a Workplace Protection Restraining Order. The judge can not order the survivor to do so either.

Yes, assuming the employer has not already fired an employee who is also the abuser, the Workplace Protection Restraining Order can be given against an abuser who is also an employee of the workplace. The judge, in this case, would consider the severity of the violence and any continuing physical danger or emotional distress Serious mental suffering or anxiety to any employee at the workplace.

Yes. If filing for a Workplace Protection Restraining Order, the employer (petitioner) A person who makes a written request to a court must keep all the information relating to the case private and confidential. They may only disclose information to those employees who have a legitimate interest related to the safety of the employee survivor.

If the abuser (respondent) A person who has a petition filed against them does not follow the Workplace Protection Restraining Order, the employer (petitioner) A person who makes a written request to a court can go back to court to enforce Taking legal steps to make someone do what the court tells them to do the order. The employer can file a Petition (noun) A written request to a court (verb) To request from a court for a Rule to Show Cause A petition used when one party believes the other party has violated a court order or judgment .

If found to be in violation of the order, the abuser can be found in civil contempt of court When someone violates a court order or disrespects the court and required to pay a fine, sentenced to imprisonment, or both.  If the abuser damages the employer’s property, the employer may also be entitled to damages for the property damage, including repair or replacement of the property, reasonable attorney’s fees, and court costs. The fees for going to court, including filing, serving, and getting transcripts  

Yes, the employer (petitioner) A person who makes a written request to a court can ask the court to modify To change or adjust the Workplace Protection Restraining Order.  If the employer is asking to modify the order more than 30 days after it was entered, they must show that a change of facts or law requires the modification. 
 

A Workplace Protection Restraining Order, obtained by an employer, only covers the workplace.  If the employee needs protection outside of the workplace, they will need to obtain a domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury Order of Protection or other restraining order.
 

The Illinois Workplace Domestic Violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury Prevention Act can be found at 820 ILCS 275/ and contains information about workplace restraining orders. For more information and names of forms needed, read Getting a Workplace Protection Restraining Order for an employee.