Yes, a business can get a restraining order against someone who threatens its employees, customers, or operations. In roughly a dozen states the employer files directly through a workplace violence restraining order or injunction against workplace harassment; elsewhere, the business supports an employee who files a civil harassment order, or pursues a broader civil injunction to stop trespass or interference. The tools exist in every state. What differs is who signs the petition and what the statute is called.
Who a Business Can Ask a Court to Restrain
The person doesn’t have to work for you, and the threat doesn’t have to be an explicit promise of harm. What matters is that the behavior connects to the workplace and would make a reasonable person genuinely fear for their safety. Courts routinely see petitions built on situations like these:
- A former employee who returns uninvited, sends threatening messages to old coworkers, or threatens management after being fired.
- A customer whose complaints have escalated into personal threats, repeated unwanted visits, or intimidation of staff.
- An employee’s abusive partner who shows up at work, calls repeatedly, or threatens coworkers. Employers can petition to keep that person away from the entire premises, not just one worker.
- A stalker with no business relationship who fixates on an employee or on the business itself.
The common thread is a pattern of conduct that serves no legitimate purpose. A returning customer isn’t harassment. A person who returns specifically to intimidate a particular employee is.
Two Paths: Employer-Filed Orders vs. Supporting an Employee
The most direct tool is a workplace violence restraining order, sometimes called an injunction against workplace harassment. States that authorize employers to file these petitions include Arizona, California, Colorado, Georgia, Indiana, Nevada, North Carolina, Rhode Island, and Tennessee. The details vary, but the structure is the same: the employer petitions on behalf of threatened employees, and the court can bar the named person from the workplace and from contacting anyone protected under the order.
In states without a dedicated workplace violence statute, the business usually can’t be the petitioner. The targeted employee files a civil harassment restraining order in their own name, and the employer supports the effort by preserving evidence, paying legal costs, or adjusting the employee’s schedule around court dates. A business can also pursue a broader civil injunction to protect its property and operations from trespass, ongoing interference, or trade secret theft.
What You Have to Prove
Courts don’t hand these orders out casually. For a temporary order, you generally need to show immediate danger or a credible threat that justifies emergency relief before the other side is heard. For a longer-term order after a full hearing, the standard rises. Some states require clear and convincing evidence that the person committed violence or made a credible threat. Others apply a preponderance of the evidence standard, meaning more likely than not. The specific statute in your state controls, and the difference shapes how much documentation you should gather before filing.
A credible threat of violence generally means a statement or pattern of behavior that would make a reasonable person fear for their safety. Veiled threats, menacing conduct, and escalating behavior all qualify. Courts also look for a course of conduct, meaning a pattern rather than a one-off incident. Showing up at the workplace once is thin. Showing up repeatedly after being told to leave, combined with angry voicemails and messages to employees online, is the picture a judge can act on.
Evidence That Gets the Order Granted
Start documenting the moment a threat surfaces. Judges want specifics, not summaries. Useful evidence includes:
- Threatening emails, texts, voicemails, letters, and social media posts or direct messages, screenshotted with visible timestamps.
- Security camera footage placing the person at the premises, photos of property damage, and any visual record of the behavior.
- Police report numbers from any incident where law enforcement responded, even without an arrest.
- Written statements from employees or bystanders who witnessed the conduct, with their contact information.
- An internal incident log recording dates, times, locations, what was said, and who was present for each interaction.
You also need identifying information about the person to be restrained. A name is the minimum. A physical description, known addresses, vehicle details, and a photograph all make service and enforcement easier.
How the Filing Process Works
The process moves in two stages: an emergency order first, then a hearing where the court decides whether to make it last.
The Temporary Restraining Order
You file a petition, typically using standardized forms from your state court’s website. The petition describes the behavior, names the people to be protected, and explains why emergency relief is necessary. A judge often reviews it the same day without the other party present, an ex parte review. If the judge finds enough evidence of immediate danger, the temporary order issues on the spot. Under federal rules, a TRO expires within 14 days unless extended for good cause, and most state courts follow a similar window, generally lasting between 14 and 25 days.1Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders
The Full Hearing
Before the temporary order expires, the court holds a hearing where both sides can present evidence. The person named has a right to appear, bring a lawyer, and challenge the petition. Your documentation carries the day here. Depending on the state, a granted order can last one to five years, and most are renewable if the threat persists.
Between filing and the hearing, the restrained person has to be formally served. A process server, sheriff’s deputy, or another authorized third party delivers the papers. The order isn’t enforceable until service is complete, so a person who is hard to find can push the timeline. Ask the court for more time if you need it.
What the Order Can Restrict
Courts tailor the terms to the situation. Typical provisions include:
- Stay-away requirements setting a specific distance from the business premises and, often, from protected employees’ homes and vehicles.
- No-contact rules covering phone calls, texts, emails, social media, and contact through third parties.
- Prohibitions on stalking, following, surveilling, or otherwise harassing anyone named in the order.
- Firearms restrictions requiring surrender of guns and barring new purchases while the order is in force, in many jurisdictions.
A judge can widen the stay-away distance for a former employee who knows the building, or add specific language about online conduct where the harasser has been using social media.
What Happens When Someone Violates the Order
Violating a restraining order is a criminal offense in every state. Simply showing up at the workplace in defiance of a stay-away term can trigger immediate arrest. In many states officers must take the suspect to jail rather than issue a citation, and the person may be held for a mandatory period before any release hearing.
A first violation is typically a misdemeanor with potential jail time from a few days up to a year. Repeated violations, or violations involving actual violence, can be charged as felonies. Contempt of court charges may also apply. The order has real teeth, but only if you report violations immediately. An order that goes unenforced teaches the harasser that the paper doesn’t matter.
Why Waiting Creates Its Own Risk
Federal law requires every employer to provide a workplace free from recognized hazards likely to cause death or serious physical harm.2Office of the Law Revision Counsel. 29 USC 654 – Duties of Employers and Employees OSHA has applied that duty to workplace violence, citing employers for failing to act on known risks including inadequate staffing, missing communication devices, and uninvestigated prior incidents.
Civil liability tends to be the larger exposure. When an employee is harmed by someone the business knew was dangerous, plaintiffs sue on theories like negligent security, negligent retention, and failure to warn. Their argument is that the employer knew, had legal tools available, and chose not to use them. A restraining order isn’t an absolute shield, but filing one shows a jury that the business took the threat seriously. The worst position is knowing about a credible threat, having a court option, and doing nothing.
What It Costs
Filing fees are modest compared to other business legal expenses. Many states waive the fee entirely when the petition alleges violence or threats. When a fee does apply, it usually falls between $50 and $200, with waivers available for those who qualify. Service of process runs roughly $50 to $100 through a sheriff’s department, more through a private server.
Attorney fees are the bigger variable. The forms are designed to be completed without a lawyer, and an employer can file on its own. But representation improves the odds of a granted order, particularly when the other side shows up with counsel. A straightforward case might run a few thousand dollars in legal fees through the hearing. Complex cases involving disputed facts or ongoing stalking cost more. Against the price of a workplace violence incident or a negligence suit, the filing cost is minor.
Steps to Pair With the Order
A court order works better alongside operational changes. Tighten physical access, review lighting and video coverage, brief reception and security staff, and share a photograph of the restrained person with employees who need to recognize them. A written workplace violence policy and training on how to respond to threats round out the picture.3Occupational Safety and Health Administration. Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments
A trespass warning is a useful complement, and sometimes a first step. A business owner can formally notify someone they’re not welcome on the property; if the person returns, they can be arrested for trespassing without a restraining order in place. This works well for situations that haven’t yet reached the level of a credible threat but where you want the person documented as unwelcome.