California Form WV-100 is the Petition for Workplace Violence Restraining Orders, and an employer fills it out to ask a California court to protect an employee from threats, stalking, or violence connected to the job. The form is filed under Code of Civil Procedure section 527.8, and only an employer (not the employee) has standing to file it.
Workplace violence is not rare, and the consequences of ignoring it are severe. The U.S. Bureau of Labor Statistics reported 392 workplace homicides in 2020, and California now requires nearly every employer to keep a written Workplace Violence Prevention Plan under Labor Code section 6401.9.
Here is what you will learn in this guide:
- 📝 How to complete each box on Form WV-100 line by line
- ⚖️ The legal standard a judge uses to grant or deny the order
- 👥 Three real-world scenarios with named people and outcomes
- 🚫 The most common mistakes that get petitions denied
- ❓ Ten plain-English FAQs covering fees, service, firearms, and renewals
What Form WV-100 Really Does
Form WV-100 starts a civil case that asks a judge to order a specific person to stay away from one or more employees. The order can include a stay-away distance, a no-contact rule, and a firearm surrender requirement under Family Code section 6389. The petition lives inside the Workplace Violence Safety Act, which the Legislature passed in 1994 after a wave of workplace shootings.
The form does not punish the respondent the way a criminal case does. It is a civil tool, and the burden of proof is “clear and convincing evidence” under the Scripps Health v. Marin standard. That is a higher bar than a normal civil case but lower than the criminal “beyond a reasonable doubt” standard.
The form also triggers related orders. When a judge signs a WV-110 Temporary Restraining Order, the respondent must give up firearms within 24 hours. A common misconception is that a verbal complaint to HR is enough, but only a signed court order under WV-100 carries the force of law.
Who Can File and Who Cannot
Only an “employer” as defined in Labor Code section 350 can file Form WV-100. That includes corporations, partnerships, sole proprietors, and government agencies. A coworker, a spouse, or the employee themselves cannot file this form.
The employee at risk is called the “protected person,” and the form lets the employer add family members and other employees as protected persons too. The plain-English meaning is simple: the boss files, the worker is shielded.
If the wrong party files, the judge will dismiss the case and the violent person remains free to return. A real example is USS-Posco Industries v. Edwards, where standing turned on whether the entity qualified as the statutory employer. The common misconception is that any manager can sign, but the petitioner must be the legal employer or its authorized agent.
When to Use WV-100 vs. Other Forms
Use WV-100 when the threat targets an employee at or because of work. Use Form CH-100 for civil harassment unrelated to work, and use Form DV-100 for domestic violence inside a household or dating relationship.
Choosing the wrong form costs time and money. If you file CH-100 when WV-100 applies, the court will keep the filing fee and the employer must restart. The consequence is days of lost protection while the threat continues.
A common misconception is that WV-100 covers customers harassing customers. It does not. The protected person must be an employee, and the connection to work must be clear in the petition.
Step-by-Step Guide to Each Box on WV-100
The form is six pages long, and the Judicial Council instructions walk through every numbered item. The version below reflects the current revision effective January 1, 2025. Fill it out in black ink or type it through the fillable PDF.
Item 1: Person Asking for Protection
In box 1, write the legal name of the employer, not the employee. Add the lawyer’s name, State Bar number, address, phone, and email if represented. If the employer is self-represented, list the corporate address.
The plain-English rule is that this box names the plaintiff. The consequence of putting the employee here is a quick denial, because employees lack standing under CCP 527.8.
A real example: Acme Logistics, Inc. files for its driver Maria Lopez. The employer writes “Acme Logistics, Inc.” in box 1, not “Maria Lopez.” The misconception is that the worker’s name belongs here because she is the one in danger.
Item 2: Employee to Be Protected
Box 2 names the employee at risk. Add their job title and work address, and check the box if you want the home address kept confidential under CCP 527.8(p).
The consequence of listing a private home address openly is that the respondent receives it through court records. That defeats the whole point of the order. Use a work address or a P.O. box whenever possible.
A misconception is that one form covers many employees automatically. It does not. Each protected employee must be named, but item 3 lets you add more.
Item 3: Other Protected Persons
Item 3 lets the employer add family or household members of the named employee, plus other employees who face the same threat. List each person’s full name and relationship.
The consequence of leaving someone off is that the order does not cover them. If the respondent shows up at the daycare of the employee’s child, only a named child is protected.
For example, James Chen, a warehouse manager, is the named employee, and his wife Lin Chen is added because the threats came to their home. Adding her takes one extra line and costs nothing.
Item 4: Person from Whom Protection Is Sought
This is the respondent. Write the full legal name, date of birth, address, sex, height, weight, hair color, eye color, race, and age. The detail helps the sheriff serve the order and helps police enforce it.
The consequence of vague details is enforcement failure. If a deputy cannot identify the person, the order is paper without teeth.
A misconception is that “John Doe” filings are allowed. They are not allowed for WV-100 because CCP 527.8 requires a named respondent who can be served.
Item 5: Venue
Item 5 explains why this court is the right court. Check the box for the county where the abuse happened, where the respondent lives, or where the protected employee works.
The consequence of filing in the wrong county is dismissal or transfer. That delays protection by weeks. The plain-English rule is “file where the harm or the people are.”
Items 6–9: Relief Requested
These items are the heart of the form. Item 6 asks for a personal conduct order. Item 7 asks for a stay-away order with a specific distance, often 100 yards. Item 8 asks the court to order firearm surrender under Penal Code 29825. Item 9 covers other orders such as no posting on social media.
The consequence of leaving a box unchecked is that the relief is not granted. Judges only sign what is asked.
For example, Maya Patel, an HR director, asks for a 300-yard stay-away from a hospital campus because the building is large. The judge grants 100 yards because Maya did not explain why 300 was needed. The misconception is that more distance is automatic.
Item 10: Time for Service
Item 10 lets the employer ask for shortened time to serve the respondent. Standard service is at least five days before the hearing under CCP 527.8(m).
The consequence of normal service is that the respondent has time to flee or destroy evidence. Shortened time, supported by a sworn declaration of urgency, can fix that.
Item 11: No Fee Required
Item 11 confirms that workplace violence petitions are fee-exempt under Government Code section 6103.9. Service by the sheriff is also free under CCP 527.8(o).
A common misconception is that employers must pay the standard $435 unlimited civil filing fee. They do not. That savings matters for small businesses.
Items 12 and 13: Description of Abuse and Signature
Item 12 is a sworn description of the most recent and the worst incidents. Use Form WV-101 to attach extra facts. Item 13 is the signature under penalty of perjury.
The consequence of a thin narrative is denial. Judges need who, what, when, where, and how with dates, witnesses, and direct quotes of threats.
A misconception is that the description must be polished legal writing. Plain language wins. Write what happened the way you would tell a friend.
Three Scenarios with Outcomes
Below are three patterns that California courts see most often. Each shows the action an employer takes and the consequence that follows.
Terminated Employee Threat
| Employer Action | Court Consequence |
|---|---|
| Files WV-100 the day after a fired worker emails “I will come back with a gun.” | Judge grants WV-110 TRO same day, sets hearing in 21 days, orders firearm surrender within 24 hours. |
| Waits two weeks and files only after a second threat. | Judge questions urgency, denies ex parte TRO, schedules normal hearing only. |
| Files without naming the employee’s spouse who was also threatened. | Spouse remains unprotected at home and must file her own CH-100 separately. |
Stalker at the Job Site
| Employer Action | Court Consequence |
|---|---|
| Documents 14 days of an ex-boyfriend showing up in the parking lot of the protected employee. | Judge issues a 100-yard stay-away order including the worksite and parking lot. |
| Uses a generic worksite address but leaves out the parking structure. | Order does not cover the parking structure, and stalker continues to wait there legally. |
| Adds video surveillance stills as exhibits to WV-101. | Order is granted with strong evidentiary record, raising the chance of a 3-year extension. |
Customer Assault on Staff
| Employer Action | Court Consequence |
|---|---|
| Files WV-100 against a customer who slapped a barista and shouted slurs. | Judge issues TRO barring customer from all branded locations statewide. |
| Files only against the local store address. | Customer simply visits the next store and continues harassment. |
| Includes a Cal/OSHA Form 300 log entry as an exhibit. | Court accepts the entry as business record evidence, strengthening the petition. |
Concrete Examples with Named People
Real names and facts make abstract rules click. The three examples below track common employer fact patterns.
First, Sofia Reyes, a nursing supervisor at a Bakersfield hospital, files WV-100 to protect Daniel Kim, an ER nurse threatened by a former patient. Sofia attaches body-camera stills from the security guard and an email from the patient saying, “I know where Dan parks.” The judge grants a TRO with a 100-yard stay-away from the hospital and from Dan’s home.
Second, Marcus Bell, the owner of a 12-person construction firm in Sacramento, files against a former subcontractor who showed up drunk at a jobsite waving a hammer. Marcus names every crew member working that day in item 3. The judge grants a stay-away order from all current and future jobsites listed in the firm’s permit database.
Third, Aisha Johnson, HR director at a Los Angeles tech startup, files against a fired engineer who posted “I am coming for the office Friday at 9 a.m.” on a public forum. Aisha asks for an immediate firearm surrender, attaches a screenshot, and uses Form WV-109 to set the hearing. The judge issues an emergency TRO within four hours.
Mistakes to Avoid
Small errors sink real petitions. The list below covers the seven most common.
- Filing in the wrong county, which causes the case to transfer and lose at least two weeks of protection.
- Naming the employee instead of the employer in item 1, which leads to dismissal for lack of standing under CCP 527.8.
- Skipping item 8 firearm surrender, which leaves a known threat armed even after the order issues.
- Using vague language like “he was scary” instead of dated facts and direct quotes, which fails the clear and convincing evidence standard.
- Forgetting to attach Form WV-101 when the description does not fit on page four.
- Listing the employee’s home address openly when the confidentiality box was available, which exposes the family to the respondent.
- Failing to serve the respondent at least five court days before the hearing, which forces the court to vacate the TRO under CCP 527.8(m).
Companion Forms in the WV Series
WV-100 is the first form, but the order itself rides on a series of related forms. Knowing each one prevents missed deadlines.
WV-101 is the Description of Abuse attachment. Use it when the facts run long. WV-109 is the Notice of Court Hearing. The clerk fills the date and the petitioner serves it. WV-110 is the Temporary Restraining Order signed by the judge before the full hearing.
WV-120 is the respondent’s Response. WV-130 is the Restraining Order After Hearing, which can last up to three years under CCP 527.8(k). WV-200 is the Proof of Personal Service.
The consequence of skipping any of these forms is that the order does not enter the California Restraining and Protective Order System database. Police then cannot enforce it on the street.
Federal and State Legal Framework
Workplace violence law starts with federal duty and ends with California specifics. The federal OSHA General Duty Clause requires employers to provide a workplace “free from recognized hazards.” Workplace violence is a recognized hazard.
California layers stronger rules on top. Senate Bill 553 added Labor Code 6401.9, which since July 1, 2024 forces nearly every California employer to maintain a written Workplace Violence Prevention Plan, train employees, and keep a violent incident log. Cal/OSHA Title 8 § 3343 backs the standard.
The consequence of skipping the plan is a citation that runs from a few thousand dollars to over $25,000 per violation. A misconception is that the plan replaces the need for WV-100. The plan prevents incidents, while WV-100 responds when prevention fails.
Recap of Key Rulings
Scripps Health v. Marin (1999) confirmed the clear and convincing evidence standard and held that a single act of violence can support a permanent order. USS-Posco Industries v. Edwards (2003) clarified employer standing under section 527.8.
City of San Jose v. Garbett (2010) ruled that public entities qualify as employers under the statute. The plain-English takeaway is that police departments, school districts, and city agencies can all use WV-100.
The consequence for an employer who ignores these rulings is litigation risk both ways. Filing too aggressively can trigger malicious prosecution claims, and filing too late can trigger negligence suits from injured workers.
Do’s and Don’ts of Filing WV-100
The list below distills three decades of practice into ten quick rules.
- Do file the same day a credible threat surfaces, because the longer the gap, the weaker the urgency claim looks to the judge.
- Do attach written evidence such as emails, texts, and CCTV stills, because the clear and convincing standard rewards documents over memory.
- Do request firearm surrender in item 8, because California law makes it mandatory once a TRO issues but the judge needs the box checked.
- Do use Form WV-101 when the facts overflow, because squeezing into small boxes loses critical detail.
- Do coordinate with local law enforcement before service, because a planned service reduces the risk of a violent reaction at the door.
- Don’t file against a coworker dispute that lacks credible threats of violence, because a denial creates a record the respondent will use later.
- Don’t list a private cell phone or home address publicly when the confidentiality box exists, because public records expose the family.
- Don’t represent yourself in complex cases involving prior litigation, because procedural traps can derail an otherwise strong petition.
- Don’t forget to file WV-200 Proof of Service, because without it the court cannot confirm service occurred.
- Don’t let the order expire, because a renewal under CCP 527.8(k)(2) must be filed before the existing order ends.
Pros and Cons of Filing WV-100
Every legal tool has trade-offs. The five pros and five cons below frame the decision.
- Pro: The filing fee is zero under Government Code 6103.9, which removes a budget barrier for small employers.
- Pro: The sheriff serves the respondent for free, which keeps service costs at zero too.
- Pro: A signed order forces firearm surrender within 24 hours, which directly reduces the lethality of the threat.
- Pro: The order can extend to family members and coworkers in one filing, which protects more people for the same effort.
- Pro: A granted order strengthens the employer’s defense to a future negligence claim, because it shows reasonable care under Labor Code 6401.9.
- Con: The respondent receives notice and may retaliate before the hearing, which raises short-term risk.
- Con: A denied petition becomes part of the public record, which the respondent can cite in future disputes.
- Con: Drafting takes time, often six to ten hours for a careful first filing, which strains small HR teams.
- Con: The standard of proof is higher than ordinary civil cases, which means borderline facts often lose.
- Con: Some employees object to being named without consent, which can trigger labor or privacy claims if mishandled.
Filing, Service, and Hearing Process
After signing WV-100, the employer takes the form to the civil clerk in the correct county. The clerk stamps it, assigns a case number, and sets a hearing within 21 to 25 days under CCP 527.8(j).
The judge reviews the petition the same day for an ex parte TRO. If granted, the clerk issues WV-110. The petitioner then arranges service through the sheriff using Form WV-200.
At the hearing, both sides present evidence and witnesses. The judge then signs WV-130 with terms lasting up to three years. The employer should calendar the expiration date the moment the order issues, because a missed renewal lets protection lapse.
Evidence That Wins Hearings
Strong evidence is dated, sourced, and tied to the workplace. Examples include time-stamped CCTV clips, emails with full headers, declarations from named witnesses on Form MC-030, and police incident numbers.
The consequence of weak evidence is that the TRO dissolves at the hearing. The plain-English rule is “show, don’t tell,” and showing means documents, not adjectives.
A misconception is that hearsay is automatically excluded. Under Evidence Code 1200, exceptions like business records and party admissions often let key facts in.
FAQs
Can the employee file Form WV-100 themselves?
No. Only the employer has standing under California Code of Civil Procedure section 527.8. The employee may file Form CH-100 for civil harassment instead.
Is there a filing fee for WV-100?
No. Workplace violence petitions are fee-exempt under Government Code section 6103.9, and sheriff service is also free under section 527.8(o).
Does the respondent have to give up firearms?
Yes. Once a temporary or permanent order issues, the respondent must surrender or sell all firearms within 24 hours under Penal Code section 29830.
Can a temporary restraining order issue the same day?
Yes. A judge can sign Form WV-110 ex parte the day the petition is filed if the facts show immediate and present danger of further violence.
How long does a workplace violence restraining order last?
Yes, it lasts up to three years after a noticed hearing under section 527.8(k), and the employer can renew it before expiration, potentially permanently.
Can the order cover family members of the employee?
Yes. Item 3 of WV-100 lets the employer add family, household members, and coworkers who face the same threat as the named employee.
Does WV-100 work against a customer or vendor?
Yes. The form applies to any person who threatens an employee in connection with the workplace, including customers, vendors, ex-spouses, or strangers.
Can the employer file without a lawyer?
Yes. Self-representation is allowed, and the Judicial Council provides a free fillable PDF and self-help instructions for every WV-series form.
Will a denied petition appear in public records?
Yes. Civil filings are public, and a denial is searchable, which is why filing only on credible facts matters for both legal and reputational reasons.
Can the respondent be arrested for violating the order?
Yes. A knowing violation is a misdemeanor under Penal Code section 273.6, and police can arrest on probable cause without seeing the act personally.
Related reading
- How to Fill Out California Form DV-100 (w/Examples) + FAQs
- How to Fill Out California Form DV-109 (w/Examples) + FAQs
- How to Fill Out California Form DV-115 (w/Examples) + FAQs
- How to Fill Out California Form GV-100 (w/Examples) + FAQs
- How to Fill Out California Form SV-100 (w/Examples) + FAQs
- How to Fill Out California Form WV-110 (w/Examples) + FAQs