The Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130) you obtained on behalf of your employee most likely has an expiration (end) date on the first page in item 5. That means that on that date, the order will end and your employee will no longer be protected by it.
If you are still concerned for your employee's safety or want the restraining order to stay in place, you have to “renew” it, which makes it last longer and gives it a new end date. A renewal can make the restraining order last another 3 years.
You must ask the court to renew the restraining order BEFORE your current one ends.
Before the current Workplace Violence Restraining Order After Hearing (Form WV-130) ends, you can ask the court to renew the order. The new order can last up to 3 more years.
To ask for a renewal of the order:
1. Fill out the court forms
2. Fill out the court’s local forms (if any)
Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court’s website.
3. Have the forms reviewed.
If your court’s family law facilitator or self-help center helps people with restraining orders, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case. Remember, they cannot help you if you have a lawyer in the case.
4. Make at least 3 copies of all your forms.
One copy will be for you, one will be for your protected employee, and another copy will be for restrained person. The original is for the court.
5. Take your forms to the court clerk.
The clerk will give the forms to the judge for his or her signature. Ask the clerk when to return to pick up the paperwork. The clerk will file your papers.
6. The clerk or judge will set a hearing date.
You must go to the hearing. Form WV-710 will tell you when and where it will be. The restraining order will be extended until this court date.
7. Figure out WHEN you have to serve your papers by
You will have to serve the papers on the restrained person by the deadline the judge writes on your papers. This is so that the restrained person has a few days to respond to the request and prepare for court.
To find your deadline for service:
8. Serve the restrained person
Personally serve the restrained person with a copy of:
Remember, someone over 18 — NOT you, the protected employee or anyone else protected by the restraining order — can serve the order. For more help with service, read What Is "Proof of Personal Service"? (Form WV-200-INFO). And read the section on service of process.
9. File your proof of service
Have your server fill out a Proof of Personal Service (Form WV-200) and give it to you so you can file it with the court. This form tells the judge and police that the restrained person got a copy of the Request to Renew and the Notice of Hearing. It is very important your server fills out the Proof of Service correctly. If possible, have your court’s family law facilitator or self-help center review it to make sure it was filled out properly.
10. Go to your court hearing
At the hearing, the judge will decide whether or not to renew the restraining order protecting your employee.
If your employee is still afraid of the restrained person, let the judge know. If the restrained person has abused or harassed your employee since the last order, or disobeyed any parts of the order you are trying to renew, make sure you tell the judge and provide any proof or details about the violations.
You do not need to show that the restrained person has abused your employee since the last order. It will be up to the judge to decide whether to renew the restraining order or not. And the judge will decide whether to give you and your protected employee a new order for 3 more years.
If the judge renews the restraining order at the hearing:
1. Fill out an Order Renewing Workplace Violence Restraining Order (Form WV-730), attach the restraining order (Form WV-130) that the judge renewed, and give it to the clerk. The judge will sign Form WV-730 renewing the restraining order.
2. Serve the restrained person.
3. File your proof of service.
4. Tell your protected employee to keep 1 copy of the Order Renewing Workplace Violence Restraining Order (Form WV-730), with the Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130) and the filed Proof of Service with himself or herself AT ALL times. Your protected employee should also: