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 HARASSMENT,
THREATS AND
RESTRAINING ORDERS
Putting up with criticism is part
of the job of association employees and board members. However, there comes a
point when it becomes abusive and crosses the line into harassment, stalking and
threats of violence. When that happens, the board should take immediate action
to protect the interests of the association by protecting its officers,
directors and employees.
Who is Protected? The
statute considers members of boards of directors, volunteers, and independent
contractors who perform services for an association on association property to
be protected employees. The association, as an employer, may seek an order
protecting any board member, committee member, employee, or contractor who has
been assaulted, battered, stalked or received credible threats of violence.
Code Civ. Proc. 527.8
The board may pay the legal expense with the association's monies.
Up to Three Years. Courts
may grant a restraining order protecting persons for up to three years,
depending on the nature of the threat. The board may ask the court to renew a
restraining order if it believes the threat will continue after three years
time.
Penalties. The individual
making threats can be ordered to cease making telephone calls to, sending
correspondence to (including e-mails), talking to or following the affected
director, committee member or employee or their immediate family. If the person
violates the court’s order, he/she can be arrested and charged with a crime.
Penalties include jail and/or a fine up to $1000.
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