Instructions For Petitions To Prohibit Workplace Violence {WV-0100}

INSTRUCTIONS FOR PETITIONS TO PROHIBIT WORKPLACE VIOLENCE Under Indiana Code 34-26-6, courts can issue orders to protect an employee from unlawful violence or credible threats of violence. These orders can be requested by the employer of a person who is the target of unlawful violence or credible threats of violence, and will be enforced by law enforcement officers. These orders are called "Workplace Violence Restraining Orders" (WVRO's). There are 2 kinds of WVRO's--a temporary restraining order (TRO) issued without a hearing that lasts a maximum of 15 days, and an injunction (an order issued after a hearing) that lasts up to 3 years. The employer asking for these orders is called the "plaintiff". The plaintiff needs to file a petition in a court of record, on behalf of his or her employee, against the other person (the "defendant") to get these orders. There will be a court hearing within 15 days of the filing of the petition. This instruction booklet explains what court orders an employer can get and how to get them. These instructions cannot cover all of the problems and questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see an attorney. The Clerk, the Court, and other court staff are prohibited from giving you legal advice. These forms can be used only by an employer of a person who is the target of unlawful violence or a credible threat of violence. 1 TCM-WV-0100 Approved 07/02 Rev. by State Ct. Admin. 07/11 American LegalNet, Inc. www.FormsWorkFlow.com GENERAL INFORMATION Who can get a court order under this law? This statute allows employers to obtain court orders prohibiting unlawful violence or credible threats of violence against their employees. To get an order under this law, the plaintiff must be an employer. An employer means: · a person defined as an employer, including · an individual; · a partnership; · an association; · a limited liability company · a corporation; · a business trust; · the state; · a governmental agency; or · a political subdivision; that has at least two (2) employees during any work week. Before completing the forms needed to obtain court orders under this statute, make sure you meet the definition of "employer". Whom can an employer protect under this law? Under this statute, employers can obtain court orders, known as Workplace Violence Restraining Orders (WVRO's) which last up to 3 years on behalf of employees and certain family or household members. The definition of an employee includes: · · · · a person employed or permitted to work or perform a service for renumeration; a member of a board of directors for a private, public, or quasi-public corporation; an elected or appointed public officer; and, a volunteer or an independent contractor who performs services for an employer at the employer's place of work. An employer may seek protection under this law if: 1. An employee has experienced unlawful violence or a credible threat of violence from any person; The unlawful violence or credible threat of violence did occur at the workplace or can reasonably be construed to be carried out in the workplace; 2. 2 TCM-WV-0100 Approved 07/02 Rev. by State Ct. Admin. 07/11 American LegalNet, Inc. www.FormsWorkFlow.com 3. 4. The defendant's conduct is not part of a labor dispute; and, The defendant is not engaged in constitutionally protected activity. What is "unlawful violence"? "Unlawful violence" is defined by the law as meaning Battery under IC 35-42-2, or Stalking under IC 35-45-10. In Indiana, a "battery" occurs when one person knowingly or intentionally touches another person in a rude, insolent, or angry manner, except in selfdefense or defense of others. According to the Indiana criminal code, "Stalking" means a knowing or intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened, and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity. What is a "credible threat of violence"? A "credible threat of violence" under this law means a knowing and willful statement or course of conduct that does not serve a legitimate purpose and that causes a reasonable person to fear for the person's safety or for the safety of the person's immediate family. What does "course of conduct" mean? The term "course of conduct" as used in the WVRO law means a pattern of conduct composed of a series of acts over time, however short, indicating a continuity of purpose, that includes the following: (1) Following or stalking an employee to or from the employee's place of work; Entering the employee's place of work; Following an employee during the employee's hours of employment; Making telephone calls to an employee during the employee's hours of employment; Sending correspondence to an employee by means such as public or private mail, interoffice mail, fax, or electronic mail. (2) (3) (4) (5) 3 TCM-WV-0100 Approved 07/02 Rev. by State Ct. Admin. 07/11 American LegalNet, Inc. www.FormsWorkFlow.com What do you need to get the court orders or to object to them? 1. Workplace violence forms, available from the court clerk's office, legal publishers, or from the following Web site: http://www.in.gov/judiciary/forms/po.html Someone, other than yourself, 18 years of age or older, to deliver ("serve") certain papers to the other party. 2. What forms must be used for petitioning under the workplace violence law and for opposing those petitions? 1. Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee ("Petition"). This form tells the judge the facts of the plaintiff's case and what orders the plaintiff wants the court to issue. This form is mandatory--it must be used to ask for a WVRO. Order to Show Cause and Temporary Restraining Order. The Order to Show Cause, when signed by the judge, tells the defendant to come to court for the hearing. It may include a Temporary Restraining Order that takes effect immediately and stays in effect until the hearing (not more than 15 days). A Temporary Restraining Order is one type of WVRO (Workplace Violence Restraining Order). Response to Petition of Employer for Injunction Prohibiting Violence or Threats of Violence ("Response"). The defendant files this form to state objections to the orde