Can you get a restraining order against a co-worker?

Answer 1

You can file a request for a temporary restraining order against anyone who has threatened you, harassed your, or has assaulted you, as long as they are not a family member, blood related, have children with you, or have ever lived with you or been in a sexual relationship with you.

Be warned, though, that your employer may look at it unfavorably. However, if you feel that the threat or harassment is the result of discrimination, you are protected by federal law, and they can face serious liability charges if they terminate you, threaten you with demotion or pay cuts, or in any other way retaliate against you for filing the TRO.

Your best bet is to seek the counsel of an attorney who has experience in employment law. You also want to make sure the reason for the TRO is well documented. You will have to prove your case, and there are severe civil penalties if the order is not granted and the co-worker sues you for defamation of character.

By the way, don't expect your employer to support you or stand by you during this proceeding. It is their job to limit liability. One would think that would mean to terminate the aggressor; however, that's usually not the case. Many, many times, the employer will stand by the aggressor and alienate the victim, so as to appear to limit liability because they do not want to admit that the threat took place because they could then be liable for negligent supervision, negligent retention, negligent hiring, hostile work environment, OSHA violations, and possible EEOC violations. Be prepared to be an immediate outsider with little or not support from your employer and/or coworkers.