Family & Safety
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What is a Workplace Protection Restraining Order?
A Workplace Protection Restraining Order is a court order that orders an abuser (respondent) 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) 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 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 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.
When is an employer eligible to get a Workplace Protection Restraining Order for an employee?
An employer (petitioner) can ask for a Workplace Protection Restraining Order against an abuser (respondent) 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, or anyone who performs services at the business for the employer.
How can a Workplace Protection Restraining Order help an employee survivor?
A Workplace Protection Restraining Order can:
- Prohibit the abuser (respondent) 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)
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
fees, and court costs
to recover the property losses.
How long is a Workplace Protection Restraining Order in place?
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.
Is there a fee to file the Workplace Protection Restraining Order?
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,
they can apply for a fee waiver.
Where can the Workplace Protection Restraining Order be filed?
An employer (petitioner) can file the petition for the Workplace Protection Restraining Order:
- In the county where the employer (petitioner) resides,
- In the county where the abuser (respondent) resides, or
- In the county where the violence happened.
Does the employer have to notify the employee survivor if they are asking for a Workplace Protection Restraining Order?
Before they file the petition to ask for a Workplace Protection Restraining Order, the employer (petitioner) 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.
Does an employee survivor need to consent if their employer wants to file for a Workplace Protection Restraining Order?
In addition to notifying the employee survivor in writing, the employer (petitioner) 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 to request the order, the employer must wait four days after the date of the consultation to file the petition 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.
Must an employee survivor testify or participate in their employer’s request for a Workplace Protection Restraining Order?
No. An employee survivor is not required to testify, 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.
Can a Workplace Protection Restraining Order be granted against another employee of the workplace if they are the abuser?
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 to any employee at the workplace.
What can an employer (petitioner) do if the abuser (respondent) later violates the Workplace Protection Restraining Order granted by a judge?
If the abuser (respondent) does not follow the Workplace Protection Restraining Order, the employer (petitioner) can go back to court to enforce the order. The employer can file a Petition for a Rule to Show Cause .
If found to be in violation of the order, the abuser can be found in civil contempt of 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.
Can an employer (petitioner) later change or modify the Workplace Protection Restraining Order?
Yes, the employer (petitioner)
can ask the court to modify
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.
How is the Workplace Protection Restraining Order different from a domestic violence Order of Protection? Is there an advantage to one over the other? Should a survivor try to get both?
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
Order of Protection or other restraining order.
Where can more information about Workplace Protection Restraining Orders be found?
The Illinois Workplace Domestic Violence 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.
