Protection Orders for Employees of a Business
When people seek protection orders, it is often to prevent contact from another person who has perpetrated violence against them, harassed them, or sexually assaulted them. The contact that is prevented might be physical, phone, text, social medial, email, or some other form of communication. Sometimes the protection order might require the respondent to stay a certain distance away from another person's home, school, or place of employment. Regardless of which type of order is at issue, there may be specific nuances to consider when seeking protection orders for employees of a business. At Blair & Kim, our Seattle civil protection order attorneys may be able to help you.Protection Orders for Employees of a Business
There are multiple types of protection orders, including domestic violence protection orders, sexual assault protection orders, and no-contact orders. Domestic violence protection orders are civil orders from the court that may be issued when someone who claims to be a victim of domestic violence petitions the court. You can obtain a domestic violence protection order if you've been the victim of physical violence or stalking from a family member or household relation. For example, if you live with your husband and also work with him, and he is physically abusive toward you, you might request a domestic violence protection order requiring your husband to stay a certain distance from you at your place of employment.
A sexual assault protection order is a criminal or civil order that is issued in connection with pending criminal charges or as a condition of a criminal sentence. It is possible for someone to obtain this order if she doesn't qualify for the domestic violence protection order, but has been the victim of a nonconsensual sexual action. For example, if someone were raped at work by a coworker, she might obtain this protection order in connection with rape charges brought by a prosecutor. In order to get this type of order, the victim needs to report what happened to the police and there must be pending criminal charges.
When someone doesn't qualify for a domestic violence protection order and there has been harassment, it may be possible to obtain an anti-harassment order. Someone can obtain this order by alleging that he or she has been seriously harassed, annoyed or alarmed by actions that serve no lawful or legitimate purpose. The course of action must be of the sort that would trigger substantial emotional distress in a reasonable person. In cases involving this type of protection order, usually the parties aren't married, don't live together, and don't have kids together. For example, if a worker persistently and repeatedly texts a coworker and makes threats to harm her or hurt her family, this would be a basis to seek an anti-harassment protection order. A lawyer experienced in civil protection order cases can assess whether the facts of your situation will meet the requirements for this type of order.
A stalking protection order is a civil order. However, when there are pending criminal stalking charges, a no-contact order may be issued in connection with the criminal charges. Anyone who is a victim of stalking as defined under RCW 9A.46.110 can obtain a stalking protection order. For example, if one coworker stalked another coworker, it might be possible to obtain either the stalking protection order, or a no-contact order if criminal charges were pursued.Additional Employee Protections
Washington has a Domestic Violence Leave Act, under which all employees may take reasonable leave to obtain help or to help a family member who is facing domestic violence, sexual assault, or stalking. The leave can be used to get law enforcement help, be treated by a doctor, get services from a shelter, or participate in safety planning or actions to increase safety.
Employers are not allowed to discriminate, retaliate, demote, fire, or otherwise make adverse employment decisions against a worker who has been the victim of stalking, sexual assault, or domestic violence. They are supposed to provide safety accommodations. An employer will need to make adjustments to the workplace when one employee has obtained a protection order against another coworker. In some cases, it is possible to adjust job duties so that the respondent works in a different location or implement safety procedures.Experienced Criminal Defense and Family Law Attorneys in Seattle
If you need to obtain or fight a protection order for employees of a business in Seattle, you should retain an experienced, skillful attorney who understands both criminal and family law consequences. At Blair & Kim, we represent people throughout King County, Redmond, Kirkland, and Bellevue. Call us at (206) 622-6562 or contact us via our online form.