Can a Business file a Protection Order? A Civil Lawyer’s | Attorney’s Perspective based on Experience.
In general, no but ….
In general, a business cannot file a civil protection order directly (there are exceptions for businesses that file on behalf of a vulnerable adults but no such exceptions for harassment, threats or sexual misconduct). Civil protection orders are designed to provide a quick legal remedy to prevent violence and harassment of persons, not businesses. There are legal actions that businesses can raise against other businesses (such as Tortious Interference of Business Relations), and there are other civil remedies that allow for Judge grants restraining order in contentious mill strike, but it is our office’s position that if the action involves harassment or threats by one business against another business, you cannot file for a Protection order.
HOWEVER, if the harassment, inappropriate sexual misconduct or threats are directed at a particular employee or manager of the business, then that particular employee or manager has grounds for filing a civil protection order. The same is true if a business’s employee or manager threatens, harasses or makes inappropriate advances on another employee or person in their professional capacity: the employee or person can file for an Order of Protection against the business employee. So businesses cannot file but they can pay the legal fees for the employee’s protection order. We know, we have litigated these situations.
As lawyers | attorneys, we have prosecuted and defended anti-harassment orders, sexual assault protection orders and domestic violence protections orders between employees (employee vs. employee) and between employees and managers (employee vs. manager). The court provides protection against certain behavior no matter what the setting.
Over the course of our lengthy legal careers, our lawyers | attorneys have handled a wide variety of complicated and emotionally tangled cases in the criminal, civil and administrative legal arenas. Our office is a unique blend of courtroom experience, knowledge, skills and temperament. Our lawyers know cases are rarely as simple as the police reports or accusations claim. Our clients hire us because they want trained listeners who are staunch, uncompromising and effective. They want counsel who takes the time to listen and fight vigorously for the right result. Whether acting in our role as counsel, advocate, negotiator or litigator, we have years of experience manipulating, working and fighting to resolve cases with our clients’ best interests in mind.
