AB1961 - Civil actions: protective orders: workplace violence.

Amended IN Senate August 21, 2026 Amended IN Senate June 18, 2026 Amended IN Assembly April 16, 2026 Amended IN Assembly March 27, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1961 Introduced by Assembly Member Ahrens February 13, 2026 An act to amend Section 527.8 of the Code of Civil Procedure, relating to protective orders. LEGISLATIVE COUNSEL'S DIGEST AB 1961, as amended, Ahrens. Civil actions: protective orders: workplace violence. Existing law authorizes an employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, to seek a workplace violence restraining order on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace or at other workplaces of the employer. Existing law authorizes one or more representative parties to bring suit for the benefit of a class of parties if the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court. This bill would authorize an employer to seek a workplace violence restraining order on behalf of all employees at the employer’s workplace or a location at which a group of employees perform their primary job duties if harassment, unlawful violence or a credible threat of violence is directed at that workplace or location. The bill would not require an employer to name any individual employee as a protected party if the employer seeks a workplace violence restraining order on behalf of all employees at the employer’s workplace or a location at which a group of employees perform their primary job duties. This bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify its forms, as specified. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 2179 to be operative only if this bill and AB 2179 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1753 to be operative only if (1) this bill and AB 1753 are both enacted, (2) AB 2179 is not enacted or as enacted does not amend Section 527.8 of the Code of Civil Procedure, and (3) this bill is enacted last. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 527.8 of the Code of Civil Procedure is amended to read: 527.8. (a) (1) Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employee’s workplace. (2) If harassment, unlawful violence, or a credible threat of violence is directed at an employer’s workplace or a location where a group of employees perform their primary job duties, rather than at any specific employee, the employer may, without naming a specific employee in the petition, seek a temporary restraining order and an order after hearing, as described in subparagraph (B) of paragraph (7) of subdivision (b), on behalf of all employees at that workplace or location. (3) On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision. (4) Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to paragraph (2) shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 Part 2 of Division 5 of Title 2 of the Government Code, Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology. (b) For purposes of this section: (1) “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email. (2) “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 that serves no legitimate purpose. (3) “Employer” and “employee” mean persons defined in Section 350 of the Labor Code. “Employer” also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. “Employee” also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, “employee” also includes a volunteer or independent contractor who performs services for the employer at the employer’s worksite. The changes made to this subparagraph paragraph during the 2025–26 Regular Session are declaratory of existing law. (4) “Harassment” is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. (5) “Petitioner” means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing. (6) “Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person. (7) “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee. (B) In response to a petition made on behalf of all employees at the employer’s workplace or a location where a group of employees performs their primary job duties, an order enjoining a party from telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of that workplace or location. (C) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A) or (B). (8) “Unlawful violence” is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 2025–26 Regular Session are declaratory of existing law. (c) This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law. (d) In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employee’s workplace or workplaces. (e) Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employee’s request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. (f) (1) Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following: (A) Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. (B) Clear and convincing evidence of all of the following: (i) That an employee has suffered harassment by the respondent. (ii) That great or irreparable harm would result to an employee. (iii) That the course of conduct at issue served no legitimate purpose. (iv) That the issuance of the order is not prohibited by subdivision (c). (2) The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b). (g) A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (h) A temporary restraining order granted under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court. (i) Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed. (j) The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence. (k) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employer’s decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence. (l) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order. (2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice. (m) This section does not preclude any party from representation by private counsel or from appeari [Text truncated for display. Full text available on Congress.gov.]