How to Fill Out California Form SV-100 (w/Examples) + FAQs

California Form SV-100 is the official Judicial Council petition an employer files to ask a court to stop workplace violence, threats, stalking, or harassment against an employee. You file it under California Code of Civil Procedure § 527.8, and the court can issue a restraining order that protects the worker at the job site, at home, and during the commute.

Workplace violence is a real and growing risk. The U.S. Bureau of Labor Statistics reports that workplace homicides and nonfatal violent injuries cause hundreds of deaths and tens of thousands of lost-time injuries every year, and California sees a large share because of its size. Filing SV-100 the right way protects your team and shields your company from claims of negligence.

Here is what you will learn in this guide:

• 📝 How to fill out every box and line on Form SV-100 without mistakes
• ⚖️ How federal and California law work together to protect workers
• 🏢 Real examples from retail, healthcare, and tech employers
• 🚫 The seven biggest filing mistakes and how to avoid each one
• ❓ Clear answers to the ten questions employers ask most often

Federal Backdrop for Workplace Violence Protection

Federal law sets the floor for workplace safety, and California law builds on top of it. The Occupational Safety and Health Act of 1970 requires every employer to give workers a place of employment “free from recognized hazards.” OSHA enforces this duty through the General Duty Clause when an employer knows about a violent threat and fails to act.

The National Institute for Occupational Safety and Health groups workplace violence into four types: criminal intent, customer or client violence, worker-on-worker violence, and personal relationship violence that spills into the job site. Each type calls for a different prevention plan, and SV-100 is the legal tool that addresses all four.

Federal courts also recognize that employers have a duty of care to protect workers from foreseeable harm. The plain-English meaning is simple. If a worker tells you that someone is threatening them, you must act. The consequence of ignoring a threat can include OSHA citations, civil lawsuits, and criminal exposure. A common misconception is that federal law alone is enough. It is not, because OSHA does not give employers the power to ban a specific person from the workplace. State court orders do.

A real example shows how the layers fit together. Daniel, a warehouse manager at a Fresno logistics firm, learns that a former employee is texting threats to a current worker. OSHA expects Daniel to act. Federal law does not give Daniel a tool to keep the threat-maker off the property. California Form SV-100 does.

What Form SV-100 Actually Does

Form SV-100 is the Petition for Workplace Violence Restraining Order. The form opens a civil case in the California Superior Court where the workplace sits or where the violence happened. A judge can sign a temporary order the same day and a longer order after a hearing.

Who Can File

Only an employer can file SV-100, and the employer must file on behalf of an employee. The plain-English rule is that the worker cannot use SV-100 themselves, but they can use the related Form CH-100 for civil harassment. The consequence of filing the wrong form is a denied petition and lost time. A common misconception is that “employer” means only a corporation. The statute also covers public agencies, nonprofits, and even sole proprietors with one employee.

A real-world example helps. Priya runs a three-person dental office in San Diego. A patient’s ex-boyfriend keeps showing up and threatening her hygienist. Priya can file SV-100 because she is the employer, even though her business is small.

Who the Order Protects

The order protects the named employee and can also cover the employee’s family and other workers at the same site. The plain-English meaning is that one petition can shield a whole team. The consequence of leaving a name off the petition is that the missing person has no legal protection if the abuser shows up. A common misconception is that the order only works at the job site. It works wherever the protected person goes.

Who You Can Restrain

You can restrain any person who has made a credible threat of violence or who has committed unlawful violence against the employee. The threat must be reasonably perceived as a threat to safety. The consequence of naming the wrong person, or someone with no real link to the threat, is dismissal and possible sanctions. A common misconception is that yelling alone counts. Mere rudeness is not enough under CCP § 527.8(b)(2).

Line-by-Line Walkthrough of Form SV-100

The current version of Form SV-100 runs about six pages. Each item must be filled in carefully. Skipping a box is the top reason judges deny petitions on first review. The walkthrough below mirrors the official form.

Caption and Court Information

The top of page 1 holds the caption. You list the employer’s name, the lawyer’s name if any, the court address, and the case number. The plain-English rule is that the caption tells the clerk where the case belongs. The consequence of using the wrong court is a transfer or dismissal. The right court is the one in the county where the workplace sits or where the violence happened, under CCP § 527.8(c). A common misconception is that you can file anywhere in California. You cannot.

A named example helps. Marcus, the HR director of a Los Angeles retail chain, files in the Stanley Mosk Courthouse because the store sits in downtown LA. He does not file in Orange County, even though the company is based there.

Item 1 – Employer Information

Item 1 asks for the legal name and business address of the employer. The plain-English rule is to use the exact name on your IRS filings or articles of incorporation. The consequence of using a “doing business as” name without the legal name is a void order. A common misconception is that a parent and a subsidiary are the same. They are not, and you must list the entity that actually employs the worker.

Item 2 – Person Asking for Protection

Item 2 names the employee you want to protect. You list the worker’s full legal name, age, and job title. You can use a workplace address instead of a home address, which is good for safety. The consequence of listing the home address is that it becomes part of the public record. A common misconception is that the employee must sign the form. They do not, but they should sign a sworn declaration that supports the petition.

Item 3 – Other Persons to Be Protected

Item 3 lets you add family members of the employee and other workers at the same site. The plain-English rule is to add anyone who could be in danger from the same person. The consequence of leaving someone off is no protection for that person if the abuser appears. A common misconception is that only blood relatives count. The form covers domestic partners, roommates, and coworkers.

Item 4 – Person to Be Restrained

Item 4 names the person you want the court to stop. You list the full name, address if known, age, height, weight, race, and any other identifying details. A photo helps law enforcement serve the order. The consequence of vague identification is that police cannot enforce the order on the street. A common misconception is that you need a perfect address. You do not, but you must give enough detail to serve papers.

A named example shows the point. Elena, a hospital administrator in Sacramento, lists the restrained person’s full name, two known cell numbers, his car’s make and license plate, and a recent photo. The sheriff serves him in two days.

Item 5 – Description of Abuse

Item 5 is the heart of the petition. You describe the most recent act of violence or threat, plus past acts. You list dates, places, words used, and any injuries. You can attach extra pages and use Form MC-031 for a longer declaration. The consequence of vague language is denial. The plain-English rule is to write like a news reporter. Use specific dates, direct quotes, and named witnesses. A common misconception is that you should soften the words used. Do not soften them. Quote the threat exactly, even if the language is harsh.

Item 6 – Weapons

Item 6 asks if the restrained person owns or has access to firearms. The plain-English rule is to check yes if you have any reason to believe so. The consequence is a court order that forces the person to turn in their guns under Penal Code § 18120. A common misconception is that you must prove gun ownership. You only need a reasonable belief, and the court will hold a hearing on the issue.

Item 7 – Stay-Away Order

Item 7 lets you ask the court to keep the restrained person a set distance from the workplace, the employee, vehicles, and other places. The standard distance is 100 yards. The consequence of asking for too small a distance is that the abuser can stand near the door. The consequence of asking for too large a distance is that the judge may cut it down. A common misconception is that the same distance fits every case. Pick a distance that matches the layout of your site.

Item 8 – Personal Conduct Order

Item 8 lets you ban specific behaviors. You can stop the person from contacting the worker by phone, text, email, or social media. You can stop them from coming near the worker’s family. The consequence of leaving out a channel, like social media, is that the person can keep harassing through that channel. A common misconception is that the order covers all contact by default. It only covers what you list.

Item 9 – Other Orders

Item 9 is a catch-all. You can ask for any other order the court has the power to make. Examples include orders to return company property, to stay off social media accounts, or to take a batterer’s intervention class. The consequence of leaving this blank is that you lose creative remedies. A common misconception is that judges will not grant unusual orders. They often will if the request is tied to safety.

Item 10 – No-Fee Status

Item 10 reminds the court that filing fees are waived under CCP § 527.8(s). The plain-English rule is that workplace violence petitions are free to file. The consequence of paying when you do not have to is wasted money and time. A common misconception is that big companies must pay. They do not, because the statute does not condition the waiver on company size.

Item 11 – Lawyer’s Fees and Costs

Item 11 lets the employer ask the abuser to pay the company’s legal fees. The plain-English rule is to attach an itemized bill or a sworn statement of hours. The consequence of skipping this item is that you cover your own legal bill. A common misconception is that pro se employers cannot recover anything. They can recover costs like service fees and copy fees.

Signature and Verification

The last page has the signature block. The employer’s authorized agent signs under penalty of perjury. The plain-English rule is that lying on this form is a crime. The consequence of false statements is criminal prosecution under Penal Code § 118. A common misconception is that “I think” language is safe. It is not, because the form swears the facts are true of personal knowledge.

Three Common Workplace Scenarios

Below are three scenarios that show how SV-100 plays out. Each table uses Trigger and Court Response as headings.

Scenario 1 – Retail Threat from Ex-Spouse

Trigger	Court Response
Ex-spouse of cashier Jasmine shouts threats outside the store	Judge issues 21-day temporary order under CCP § 527.8(e)
Ex-spouse owns a registered handgun	Court orders gun surrender to local police within 24 hours
Hearing held within 21 days	Three-year order issued, posted at all store entrances

Scenario 2 – Healthcare Stalking by Patient

Trigger	Court Response
Patient sends 40 emails to nurse Aisha in one week	Judge issues no-contact order across all digital channels
Patient appears at clinic parking lot twice	100-yard stay-away order from the entire medical campus
Patient violates temporary order	Arrest under Penal Code § 273.6

Scenario 3 – Tech Worker-on-Worker Threat

Trigger	Court Response
Engineer threatens coworker Wei during a code review	Same-day temporary order, restrained person barred from office
Threat repeated by Slack message	Order extended to all company communication systems
Restrained person already terminated	Three-year order issued, served at last known address

Three Named Examples That Show the Process

The first example is Marcus, the HR director from the retail caption section. Marcus walks the petition through the Stanley Mosk Courthouse self-help center, gets the temporary order at 3 p.m., and emails a copy to store managers within the hour. He hires a registered process server the next morning.

The second example is Priya, the dental office owner in San Diego. Priya files SV-100 with a sworn statement from her hygienist and a copy of the threatening texts. The judge grants a stay-away order that covers the office, the hygienist’s home, and her child’s school.

The third example is Elena, the hospital administrator in Sacramento. Elena files SV-100 against a former patient who was stalking a nurse. She attaches security camera stills, the nurse’s declaration, and a CLETS-001 confidential information form. The judge signs the temporary order the same day and sets a hearing within 21 days.

Filing, Serving, and the Hearing

The plain-English steps are file, serve, hear, and renew. Each step has its own rules.

Filing the Petition

You bring the original SV-100 plus the proposed temporary order on Form SV-110 to the clerk. You also bring a notice of court hearing on Form SV-109. The clerk stamps the papers and sets a hearing within 21 days, or 25 days if the court finds good cause under CCP § 527.8(h). The consequence of missing a form is delay. A common misconception is that e-filing is everywhere. Many counties still require paper filings for restraining orders.

Serving the Restrained Person

Service must be personal, by a non-party adult or by the sheriff. Service must happen at least five days before the hearing. The consequence of late service is that the hearing gets pushed back, and the temporary order may expire if the court does not extend it. A common misconception is that mail is enough. Mail is not enough for the initial service.

The Hearing

At the hearing, the employer must prove the case by clear and convincing evidence. The plain-English meaning is “highly probable,” which is more than a coin flip but less than beyond a reasonable doubt. The consequence of weak evidence is denial and no order. The Court of Appeal in Scripps Health v. Marin held that even a single act of violence can support an order if the threat of future harm is real.

Renewing the Order

A workplace violence order can last up to three years. You can renew it before it expires using Form SV-700. The consequence of letting an order lapse is that you must start over. A common misconception is that you need new violence to renew. Under Ritchie v. Konrad, reasonable fear of future abuse alone can justify renewal.

Mistakes to Avoid

A clean petition wins. A sloppy petition loses. The following mistakes cause the most denials.

• Filing in the wrong county, which forces a transfer and wastes the temporary order window.
• Using a “DBA” name instead of the legal entity, which makes the order unenforceable against the employer.
• Skipping the photo or physical description in Item 4, which leaves the sheriff unable to identify the person.
• Soft-pedaling the language of threats, which makes the judge doubt the danger.
• Forgetting to check the firearms box, which leaves guns in the abuser’s hands.
• Asking for a stay-away distance that does not match the site, which gets cut down at the hearing.
• Missing the five-day service deadline, which forces a continuance.
• Failing to include other workers and family members, which leaves them unprotected.
• Not attaching declarations from witnesses, which weakens the evidence.
• Paying a filing fee that the statute already waives, which wastes company funds.

Do’s and Don’ts for Employers

Each item below comes with a “why” so you can train your HR team.

• Do call 911 first if violence is in progress, because a restraining order is not a substitute for police response.
• Do gather written declarations within 24 hours, because memories fade and details matter at the hearing.
• Do redact home addresses on Form CLETS-001, because the form goes into a law-enforcement database, not the public file.
• Do brief your front-desk staff after filing, because they need to know who to refuse entry to.
• Do send the order to security and to your building’s property manager, because they enforce the perimeter.
• Don’t tell the restrained person to “stay away” without a court order, because that warning is not enforceable.
• Don’t assume the worker can file alone under SV-100, because only the employer has standing.
• Don’t share the petition on social media, because that can expose protected witnesses.
• Don’t skip the firearm-relinquishment hearing, because guns left in the abuser’s hands can lead to tragedy.
• Don’t forget to renew before expiration, because a lapsed order leaves the worker exposed.

Pros and Cons of Filing SV-100

Each item explains the trade-off so leaders can decide with eyes open.

Pros

• Free filing under the statute, which removes a budget excuse for small employers.
• Fast relief, often the same day, which closes the danger window.
• Statewide enforcement under Family Code § 6383, which means police anywhere in California can act.
• Firearm surrender requirement, which removes the most lethal risk factor.
• Strong defense to any future negligent-security lawsuit, because it shows the employer acted.

Cons

• The petition is public, which can attract media attention.
• The hearing requires “clear and convincing evidence,” which is a higher bar than ordinary civil cases.
• The restrained person can fight back with cross-petitions, which raises legal costs.
• Some workers fear retaliation, which can make them reluctant to cooperate.
• Service can fail if the abuser hides, which delays the long-term order.

Recap of Key Court Rulings

The leading case is Scripps Health v. Marin, which held that an employer can win a § 527.8 order based on a single credible threat plus a reasonable fear of future harm. The plain-English meaning is that you do not need to wait for a second incident.

USS-Posco Industries v. Edwards confirmed that the petition must rest on credible evidence, not rumor. The consequence is that “I heard from another worker” alone will not carry the day. A common misconception is that any complaint is enough. It is not.

City of San Jose v. Garbett held that public agencies are “employers” for SV-100 purposes. The plain-English meaning is that cities, counties, and school districts can file too.

Frequently Asked Questions

Is California Form SV-100 the right form for an employee to file on their own?

No. Only an employer can file SV-100. An employee who needs personal protection should look at Form CH-100 for civil harassment or DV-100 for domestic violence cases.

Does it cost money to file SV-100?

No. Filing is free under CCP § 527.8(s). The statute waives all court fees, including service by the sheriff in most counties, regardless of the employer’s size or revenue.

Can SV-100 force the restrained person to give up firearms?

Yes. Under Penal Code § 18120, the restrained person must surrender or sell all firearms within 24 hours of being served and file proof with the court within 48 hours.

Does the order cover online harassment?

Yes. If you list email, text, social media, and direct messaging in Item 8, the order bans contact through every named channel. Leaving a channel off the form means it stays open.

Can a small business with one employee file SV-100?

Yes. The statute defines “employer” broadly, so sole proprietors, partnerships, and nonprofits all qualify. The size of the business does not change the right to file or the fee waiver.

Will the restrained person get advance warning?

No. Temporary orders are usually issued ex parte the same day the petition is filed. The restrained person learns about the case only when a process server hands them the papers under CCP § 527.8(m).

Can the protected employee testify by remote video?

Yes. Most California courts allow remote testimony under Code of Civil Procedure § 367.75. The judge will set the platform and rules in the hearing notice.

Is a temporary restraining order enough to fire the worker who made the threat?

Yes. A credible threat of violence is a lawful, non-retaliatory ground for termination, but you should still follow your normal HR process and document every step to defend a wrongful-termination claim.

Can SV-100 protect customers, vendors, or visitors?

No. The form only protects employees, their family members, and other workers at the same site. Customers and vendors must seek their own civil harassment orders using Form CH-100.

Does a workplace violence order show up on background checks?

Yes. The order is entered into the California Restraining and Protective Order System and shows in CLETS searches, which can affect the restrained person’s job, housing, and gun rights.

How long does the final order last?

Yes, orders can last up to three years and can be renewed using Form SV-700 before expiration, with no requirement of new violence under Ritchie v. Konrad.

Can the employer recover attorney’s fees from the abuser?

Yes. Item 11 of the form lets the prevailing employer ask for fees and costs, and judges often grant reasonable amounts when the request is supported by an itemized declaration.