Yes. An Indiana restraining order can affect your employment, especially when the protected person is a coworker or works nearby. The order may restrict where you can go or who you can contact. In some cases, a judge may adjust the restrictions so you can keep working without violating the order.
Why can a restraining order create problems at work?
A restraining order is supposed to create distance between two people. That sounds simple until both people have to show up at the same workplace.
If a judge grants the order, you may be prohibited from contacting the protected person. Depending on the order, you may also have to stay away from certain locations connected to that person.
The restrictions can include:
- No phone calls or text messages.
- No emails or other electronic communication.
- No in-person contact.
- No going to the protected person’s home.
- No going to locations covered by the court’s order.
Now imagine the protected person works 30 feet away from your desk.
You have an obvious problem. Following the court order and showing up for work may suddenly become difficult—or potentially impossible.
What happens if the person who filed the restraining order is my coworker?
A restraining order involving coworkers can put an employer in a difficult position.
Your employer may decide that both employees cannot safely or practically continue working together under the existing arrangement. If the employer believes one employee must go, the person subject to the restraining order may face the greater employment risk.
That does not necessarily mean losing your job is inevitable.
If you know before the hearing that the petitioner is your coworker, raise the employment issue with your attorney. The hearing may provide an opportunity to ask the judge for restrictions that protect the petitioner without unnecessarily preventing you from working.
Can a judge structure the restraining order so I can keep my job?
Potentially, yes. A judge may be willing to narrowly tailor restrictions when workplace contact creates a practical problem.
The goal is not to ignore the petitioner’s requested protection. The goal is to find a workable arrangement that prevents prohibited contact while allowing both people to do their jobs.
Depending on the workplace and the judge’s decision, possible arrangements could include:
- Working different shifts.
- Moving one employee to another office or building.
- Keeping the employees in separate work areas.
- Staggering arrival or departure times.
- Allowing one person to leave several minutes earlier.
Think of it as creating lanes. Both people may still need access to the workplace, but the court can potentially establish boundaries that keep those lanes from crossing.
There is no guarantee a judge will approve a particular arrangement. That is why addressing employment concerns at the hearing can matter.
Should I tell my employer about a restraining order?
Being upfront with your employer may be the practical choice when the restraining order could affect your workplace.
This is not an easy conversation. Nobody enjoys walking into a supervisor’s office and announcing that court proceedings may interfere with work.
You also do not need to describe the situation as something it is not. A restraining order is not, by itself, the same thing as being criminally charged.
A straightforward conversation may sound more like this: There is a restraining order involving me, and I want you to know because its restrictions could affect my work.
Giving your employer advance notice may provide time to consider scheduling, workspace, or other practical changes.
Trying to hide the situation can create a bigger mess if the employer discovers the order only after a workplace problem develops.
Can I ignore the restraining order while I am at work?
No. Having a job does not give you permission to disregard the restrictions imposed by the judge.
If the order prevents contact with a protected person, you should take those restrictions seriously. The fact that you share a workplace does not automatically create an exception.
This is one reason you should address foreseeable employment conflicts before simply returning to business as usual.
Do not assume that a quick conversation in the break room is harmless. Do not assume work-related communication is automatically permitted. Read the actual order and understand what the judge has prohibited.
Why should I have a lawyer at the restraining order hearing?
A lawyer can explain the employment problem to the judge and ask the court to consider practical alternatives.
Sometimes the dispute is whether a restraining order should exist at all. Other times, the immediate question is how the order should operate if the judge decides protection is appropriate.
Those are different fights.
An attorney can argue that the protected person’s safety and the respondent’s employment do not necessarily have to be mutually exclusive. Different shifts, separate offices, staggered departures, or similar boundaries may provide possible solutions.
The judge ultimately decides what restrictions are appropriate. Having an attorney who can identify the problem and propose workable alternatives may put you in a better position than trying to figure everything out after the order is entered.
What should I do if a restraining order is threatening my job?
Start by taking the order seriously and understanding exactly what it prohibits. If a coworker is involved, consider the employment consequences before the situation turns into a scheduling or workplace crisis.
A restraining order can affect far more than contact with another person. It can affect where you go, how you communicate, and whether you can continue working under your existing arrangement.
If you are facing a restraining order in Indiana and have questions about how it could affect your employment, contact the Marc Lopez Law Firm at 317-632-3642 to speak with a lawyer today.
And remember—always plead the 5th.
