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Workplace Violence Restraining Order Reversed Absent Credible Threat Of Violence

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Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022)

Technology Credit Union (“TCU”) obtained a Workplace Violence Restraining Order (“WVRO”) against one of its members (Matthew Mehdi Rafat) based on TCU’s evidence that Rafat allegedly made a credible threat of violence against M.L., one of TCU’s employees.  The Court of Appeal reversed the WVRO after concluding that Rafat’s conduct was “indisputably rude, impatient, aggressive, and derogatory but there was not sufficient evidence produced by TCU linking any of Rafat’s statements or conduct to any implied threat of violence:  The only threats he made were of litigation and complaints to a federal agency.  His actions toward M.L. consisted of berating her, complaining to her supervisor, and posting an accurate video of their March 24 interaction on YouTube.”

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