To get a restraining order against a coworker, you document the threatening or harassing behavior, then file a petition in civil court asking a judge to order the coworker to stay away from you and stop contacting you. Courts in every state can issue these orders, but the conduct has to go beyond ordinary workplace friction and rise to credible threats, stalking, or a sustained pattern of harassment. You can usually get a temporary order within a day or two, followed by a full hearing where a judge decides whether to grant longer-term protection.
What Behavior Qualifies
A judge won’t grant a restraining order over a personality clash or a single rude comment. You need to show behavior that would make a reasonable person fear for their physical safety or suffer serious emotional distress. The standard generally requires evidence that the coworker’s conduct is willful, repeated, and either threatening or harassing enough to justify court intervention.1Legal Information Institute. Restraining Order
Conduct that typically meets the threshold falls into three categories:
- Credible threats of violence, whether delivered in person, by phone, by text, or through social media, that would cause a reasonable person to fear physical harm.
- Stalking, including following you, showing up uninvited at your home, tracking your movements, or repeatedly contacting you outside work for no legitimate reason.
- Sustained harassment: a pattern of conduct that serves no lawful purpose and causes substantial emotional distress, such as repeated intimidation, property damage, or unwanted contact after you’ve told the person to stop.
A single incident can qualify if it involved an explicit threat of violence or physical contact. Courts are more likely to issue an order, though, when you can show a pattern. A documented course of conduct is harder to dismiss as a misunderstanding.
What to Do Before You File
The groundwork you lay before the courthouse visit will decide how the petition goes. Judges weigh credibility and evidence, so preparation matters more than speed.
Document everything. Write down every incident as soon as it happens: what the coworker said or did, the exact date and time, where it occurred, and who else was present. Save every threatening email, text, voicemail, social media message, or note. Screenshot digital communications with timestamps visible. If there’s security camera footage at your workplace, note the date and location so it can be preserved.
Report the behavior internally. Tell your supervisor or human resources department about the harassment or threats. This creates an official record that you raised the issue and gives your employer a chance to intervene. An HR complaint alone won’t stop dangerous behavior, but the written record strengthens your court petition by showing the conduct continued after you formally complained.
File a police report if the behavior warrants it. If the coworker has threatened violence, stalked you, or made physical contact, report it to law enforcement. A police report creates independent documentation that carries weight with a judge, and in some jurisdictions officers can help you understand what type of protective order fits your situation. Keep the report number and the responding officer’s name.
Identify witnesses. If coworkers, customers, or anyone else saw the threatening behavior, get their names and contact information. Witnesses who can corroborate your account at the hearing significantly improve your chances of a long-term order.
Where and How to File
You file for a protective order at the civil courthouse in the county where the harassment occurred, where the coworker lives, or where you live. Most courthouses have a self-help center or clerk’s office with the required forms. Many states also make the forms available online. These orders go by different names depending on the state — civil harassment restraining orders, stalking protective orders, peace orders — but the process is broadly the same when you file for yourself.
In your petition, describe the specific incidents that justify the order. Stick to facts: what happened, when, where, and how it made you fear for your safety. Attach copies of threatening messages, photos, police reports, and any other evidence you’ve collected. The more concrete detail you provide, the stronger your initial request.
After you submit the paperwork, a judge reviews the petition, often the same day. If the judge finds you face an immediate risk of harm, the court can issue a temporary restraining order without the coworker being present or notified in advance.2Legal Information Institute. Temporary Restraining Order The temporary order takes effect right away and typically lasts between 14 and 25 days, depending on your state’s rules, to give the court time to schedule a full hearing.3Legal Information Institute. Federal Rules of Civil Procedure Rule 65 – Injunctions and Restraining Orders
Once the temporary order is issued, the coworker must be formally notified through service of process. Someone over 18 who isn’t involved in the case personally delivers the court papers. In many jurisdictions, the local sheriff’s office handles this for protective orders at no cost. Where that isn’t available, you can hire a private process server, which typically costs between $30 and $95. You cannot serve the papers yourself.
Filing Fees
Most states waive filing fees entirely for protective orders involving threats, stalking, or harassment. In states that do charge, fees can range from roughly $50 to $450 depending on the court. If your state charges a fee and you can’t afford it, courts offer fee waiver applications for people with low incomes or who receive government benefits like SNAP, Medicaid, or SSI. Ask the clerk about the waiver process when you pick up your forms.
One boundary worth noting: in at least nine states, employers can petition for a workplace violence protective order on behalf of one or more employees. If your employer has HR or legal counsel, it’s worth asking whether that option exists where you are, because the employer then handles the legal process and the order can cover multiple employees. Otherwise, the individual petition described above is the path.
The Court Hearing
The hearing is where the judge decides whether to grant a longer-term protective order. Both you and the coworker appear, and both sides get a chance to present their case. This isn’t a criminal trial, but it is a real courtroom proceeding and the outcome hinges on what you can prove.
You’ll testify first, describing the incidents that prompted your petition. Bring organized copies of all your evidence: printed screenshots of messages, photographs, a written timeline, and any police reports. If you want the judge to consider a document, you have to formally ask that it be admitted as evidence. Witnesses you’ve listed can also testify on your behalf.
The coworker or their attorney can cross-examine you and present their own evidence and witnesses. They might argue the behavior was misunderstood, that it didn’t happen, or that it doesn’t meet the legal standard. The judge weighs both sides and then either grants the long-term order, denies the petition, or takes the matter under advisement and issues a ruling later.
You don’t need a lawyer to go through this process, but having one helps, especially if the coworker shows up with legal representation. If you can’t afford an attorney, legal aid organizations in your area may provide free assistance for protective order cases.
What the Order Restricts and How Long It Lasts
A granted protective order spells out specific restrictions the coworker must follow. The most common provisions are:
- A no-contact requirement barring communication of any kind, whether in person, by phone, text, email, social media, or through a third party.
- A stay-away distance the coworker must maintain from you, your home, your vehicle, and your workplace, commonly 100 yards or a similar figure.
- Tailored provisions the judge adds when circumstances call for them, such as prohibiting property damage or surveillance of your movements.
Long-term protective orders typically last between one and five years, depending on your state and the severity of the threat. When the order nears expiration, you can petition the court to renew it if you still have reason to fear the coworker.
Firearms restrictions depend on the specifics. Federal law prohibits firearm possession by a person subject to a qualifying protective order, but that federal prohibition applies to orders involving intimate partners, not all restraining orders.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts So if the coworker is a former romantic partner, the federal firearms ban applies to a qualifying order.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions For coworkers with no intimate relationship, the federal prohibition may not apply, though some states independently require firearms surrender as part of any civil protective order. The judge’s order will state whether firearms restrictions are included.
When You Both Work at the Same Location
This is where restraining orders against coworkers get complicated in practice. A standard stay-away order that covers your workplace can effectively force the restrained coworker out of their job if you share a building. Judges handle this in different ways.
Some judges modify the stay-away distance for the workplace specifically, allowing both parties to remain employed but prohibiting the restrained person from approaching you, entering your work area, or communicating with you. Other judges maintain the full stay-away distance, which means the coworker cannot come to the workplace at all while the order is in effect. The judge will consider the layout of the workplace, whether your duties overlap, and whether the employer can keep you physically separated.
Once the order is in place, give a copy to your HR department and your direct supervisor so they can adjust schedules, reassign workspaces, or take other steps to enforce the court’s requirements. Under the federal Occupational Safety and Health Act’s General Duty Clause, your employer has an obligation to keep the workplace free from recognized hazards that could cause serious harm, and a known threat of violence from an employee qualifies.6Occupational Safety and Health Administration. Workplace Violence – Enforcement Your employer also cannot legally retaliate against you for seeking a protective order, and many states have explicit anti-retaliation protections for employees who are victims of threats or violence.
If the Coworker Violates the Order
A restraining order is a court order, and breaking it is a crime. If the coworker contacts you, shows up where they’re not allowed, or violates any other term, call the police immediately. Don’t wait to see if it escalates.
In most states, a first violation is a misdemeanor punishable by up to one year in jail and fines. Repeated violations or violations involving physical violence can escalate to felony charges with substantially longer prison terms. If the coworker crosses state lines to violate the order, it becomes a federal offense under 18 U.S.C. § 2262, carrying penalties of up to five years in prison, or far longer if the violation causes physical injury.7Office of the Law Revision Counsel. 18 USC 2262 – Interstate Violation of Protection Order
Keep a copy of the order with you at all times, including a digital copy on your phone. When you report a violation, officers can verify the order quickly, but having your copy eliminates delay. Document every violation the same way you documented the original behavior: date, time, location, what happened, and any witnesses.
If Your Petition Is Denied
Not every petition succeeds. A judge might find that the behavior, while unpleasant, doesn’t meet the legal threshold. That doesn’t leave you out of options.
You can refile if new incidents occur that strengthen your case. You can also appeal the denial to a higher court, though appeals take time and work better with an attorney’s help. Beyond the court system, a few other paths can move things forward:
- A formal HR complaint. Your employer has an independent obligation to address workplace harassment and threats. Push for a written safety plan that includes separation from the coworker.
- Police involvement. If the coworker’s behavior is criminal, law enforcement can pursue charges regardless of whether a civil protective order exists. Stalking, criminal threats, and assault are prosecuted separately.
- An EEOC charge. If the harassment is based on your sex, race, religion, national origin, disability, or another protected characteristic, it may violate federal anti-discrimination law, and a charge with the Equal Employment Opportunity Commission triggers a separate investigation.
- A cease-and-desist letter. An attorney can send a formal letter demanding the coworker stop. It doesn’t carry the force of a court order, but it creates a paper trail showing the coworker was warned, which strengthens any future legal action.
Whatever path you take, keep documenting. The behavior that wasn’t enough for a protective order today may cross the line tomorrow, and the records you maintain now become your evidence later.