Just In:
Workplace Harassment Restraining Orders for Communities
Rob Ward, Esq., Adams|Stirling PLC
The year 2023 seems like ages ago, but a bill passed in September of that year, Senate Bill 428, fi nally went into effect January 1, 2025. The bill amended California Code of Civil Procedure §527.8 so that community associations can now obtain a restraining order to protect board members, and other association agents, from “harassment,” as well as “unlawful violence” or “credible threat of violence.” The bill includes community association board members and committee volunteers in addition to any employees or independent contractors.
“Harassment” is defi ned as a knowing and willful course of conduct directed at a specifi c person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. A credible threat of violence is a “knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and also serves no legitimate purpose.” Finally,
“unlawful violence” will
usually include any assault, battery or stalking (as defi ned under Penal Code §646.9), but excludes acts of self-defense or defense of others.
the
Keep in mind that obtaining a restraining order, which is a form of injunctive relief, will require that the petitioner prove their case with “clear and convincing evidence.” This is a higher threshold than the
standard required in civil matters, which is a “preponderance of the evidence” (or “more likely than not”). For harassment, the petitioner needs clear and convincing evidence of the fact that:
1. They suffered harassment;
2. “Great or irreparable harm” would result if the order is not granted; and
3. The alleged harassing act served no legitimate purpose.
A protected party must be given the option to opt-out of being named in the restraining order. If this person opts out, however, the order may extend to protect other employees. The exception: the order cannot restrict speech or conduct that is considered “constitutionally protected free speech rights” or speech of public concern.
The legislators who introduced this bill noted an uptick of harassment of employees since COVID and took action to further protect our industry’s hard-working volunteers. Hopefully, just the threat of a restraining order will help curb bad behavior and bring relief and protection to those who serve community associations.
12 January | February 2025
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