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Form Instructions 1045 online Riverside California: What You Should Know
This requirement is very important because when the employee is harmed, the court has jurisdiction to issue a restraining order. And the employee has the right to file a lawsuit seeking damages for personal injuries or harm caused by the employer and the judge has jurisdiction over the court for an appropriate monetary award if the case is lost. The employer usually files restraining orders for work-related violence but can also file a restraining order if the employee threatens to use violence when doing what the employee does as their job in the workplace. If the judge grants the temporary restraining order, the parties will be sent a letter in the mail at the end of the hearing indicating that the temporary restraining order has been granted. If the court denies the temporary restraining order, the parties can continue the dispute in court. If the employee is also married, the employer normally can obtain a restraining order to protect the wife from the husband. 3. In order for a restraining order to be granted, the court needs to see proof that the employee is threatening to use physical force as their job, if the employee is injured or if physical harm will result to the employee. Reasonable Restraining Order — Attorney You may not need your own lawyer to draft and file a restraining order to protect yourself from employee abuse, but it is your right to do so. If you live in California, you can ask a public or private litigation advocate to act as your attorney to draft a restraining order. The public litigator is an agent of the court, not the Department of Justice or even the California Labor Commission. It works for you. When a public litigator acts for you, both parties (employee and manager or firm) make a written list of all facts and documents and bring them to the public attorney together with the employee's agreement. The public attorney then drafts the protective order. Once all parties agreed, a copy of the order is sent to the employer to be filed with the lawsuit.
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