Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
A criminal background check will likely include this. Restraining orders are public records.
As a criminal defense attorney for over 10 years, I have seen the potential downsides. They include trouble getting jobs, housing, and benefits.
This article covers what you need to know about restraining orders and their impact on your life.
Quick Summary
- Temporary restraining orders are only visible to law enforcement officials.
- Criminal and civil restraining orders are usually part of the public record. Criminal orders are on the defendant's record. Civil orders, often about disputes or harassment, are also public unless privacy protections apply.
- The court's Domestic Violence Restraining Order protects you from future abuse or threats. You can rest assured of your safety.
What Are Restraining Orders?
Restraining orders are court documents. They ban a person from contacting another, usually due to domestic violence or abuse [1].
These orders aim to keep the victim safe from harm or harassment. They also help the victim create a secure living space.
The protected person is the one receiving protection. The other party is the restrained person. Violating a restraining order is considered a criminal offense.
A restraining order is also frequently referred to as:
- Protective orders
- Orders of protection
- Stay away orders
Some states need a permanent restraining order. This order makes the abuser give up their guns to law enforcement or a licensed gun store.
This is a critical layer of protection for abuse victims and helps ensure they stay safe.
A temporary restraining order that never becomes permanent would only be visible to law enforcement.
Some temporary restraining orders that should be removed still show up as permanent on public records.
That's where our criminal defense expertise comes in. We will present your case well and do all we can to get the best result.
Types Of Restraining Orders
It is vital to remember that the longevity of a restraining order depends on its type. There are two main types of restraining orders: temporary ex parte orders and final orders. There are also various sub-categories of each.
For example, temporary restraints may remain in effect until an official court hearing. In contrast, permanent restrictions last indefinitely or for a time set by the courts. There are four types of restraining orders:
1. Domestic Violence Restraining Order
This applies to you if you faced or worried about abuse from someone you were close to, like a spouse, partner, or someone you were dating.
In that case, obtaining a restraining order is how to protect yourself.
The court's order will keep you safe from the abuser and their threats.
Related Article: Domestic Violence Classes
2. Elder Or Dependent Adult Abuse Restraining Order
This type of order is for elderly or disabled individuals. It is for those aged 65 and over, or 18 to 64 with disabilities that hinder daily tasks.
This form of protection guards these groups from being taken advantage of and, in most criminal cases, involves family members as well.
3. Civil Harassment Restraining Order
A restraining order is a court order. It protects individuals from violence, intimidation, and harassment. It also guards against the risk of violent acts.
4. Workplace Violence Restraining Order
In some states, federal and state law helps employees. It defends those threatened with or victims of workplace violence.
These restraining orders act as safeguards that protect them from unlawful behavior and can be issued by court order.
"If you are tried and acquitted of domestic violence or criminal charges, and you were granted a Petition for Factual Innocence, this would only destroy police arrest records and criminal court files, not seal the restraining order."
- Brian C. Andritch, Lawyer at Fresno Defense
Is A Restraining Order Public Record?
Yes, a restraining order is a public record. Sealing or expunging criminal records is the only legal record-keeping. It does not apply to civil cases.
You can either request a copy from the court clerk or online. Since court records are public, restraining orders can be found online.
A restraining order can be issued as part of a criminal or civil court judgment. A restraining order doesn't always need a criminal charge. But, it will show up in your criminal records.
Steps to Take for Obtaining or Responding to a Restraining Order
If you need a restraining order or have one against you, follow these steps to navigate the process smoothly.
For Obtaining a Restraining Order:
- Assess Your Situation: Check if you are being abused, harassed, or threatened. If so, you may need a restraining order. Identify the type of restraining order you need (e.g., Domestic Violence, Civil Harassment).
- Gather Evidence: Collect evidence for your case. This includes photos of injuries, text messages, emails, and witness statements.
- Complete the Application: Visit your local courthouse or its website. Get the forms to file a restraining order. Fill out the application thoroughly, providing detailed information about the incidents.
- File the Application: Submit your completed application to the court clerk. You may be required to pay a filing fee; however, fee waivers may be available for those who qualify.
- Attend the Hearing: After filing, a court date will be set for a hearing. Attend this hearing and present your evidence and testimony to support your request for a restraining order.
- Receive the Court’s Decision: If the judge grants the restraining order, ensure you understand its terms and conditions. Keep a copy of the order for your records.
- Notify Law Enforcement: Give a copy of the restraining order to local law enforcement. This will ensure they are aware of it and can enforce it if needed.
For Responding to a Restraining Order:
- Review the Order: Read the restraining order. Know its terms, and any contact restrictions with the protected person.
- Consult an Attorney: Get legal advice from a lawyer experienced with restraining orders. They can help you understand your rights and options.
- Gather Evidence: Collect evidence to support your case. Also, find anything that contradicts the claims in the restraining order application.
- Prepare for the Hearing: If a hearing is set, prepare your defense. Organize your evidence and consider potential witnesses who can support your story.
- Attend the Hearing: Be present at the court hearing and present your case respectfully and clearly. Follow legal advice on how to respond effectively.
- Comply with the Order: You must comply with the order's terms, no matter your feelings about it. They stand until the court lifts or modifies it.
- Consider Legal Action: If you think the restraining order is unfair, discuss options for appealing it with your attorney.
Following these steps, individuals can better navigate the complexities of restraining orders. They can also protect their rights in the process.
Related Articles: How Long Does A Felony Stay On Your RecordSee all personal injury and accident lawsuits our lawyers have covered so far.
FAQs
1. What Happens At A Permanent Restraining Order Hearing?
At a permanent restraining order hearing, the plaintiff must show that a restraining order is needed. This is the same standard as in any other legal case.
2. Is It A Crime If You Violate A Restraining Order?
Yes, it is a crime if you violate a restraining order. In California, ignoring a restraining order can have dire consequences. This is especially true if done knowingly and intentionally before the court date expires.
3. Should You Disclose A Restraining Order To A Potential Employer?
No, you should not disclose a restraining order to a potential employer if not asked. When an employer asks about your criminal record, it implies that certain documents are relevant to the job. They would be helpful in doing the work.
4. Will A Restraining Order Show Up On A Background Check Requested By An Employer?
Yes, a restraining order will show up on a background check requested by an employer. Employers can use background checks to search state or county court records for matches on applicants and employees.
5. How Long Does a Restraining Order Last?
A restraining order's duration depends on its type. Temporary orders may last until a hearing. Permanent orders can last indefinitely or for a specified time.
6. Can I Appeal a Restraining Order?
Yes, you can appeal a restraining order if they believe it was unjustly issued or if new evidence arises.
7. Are Restraining Orders Public Records?
Yes, restraining orders are public records and can be accessed by anyone unless sealed by the court.
Related Article: Misdemeanors that Prevent Employment
Talk To A Criminal Defense Lawyer
A restraining order filed against you can impact your life; that is why you should contact Schmidt & Clark, LLP who have extensive experience in stay-away orders and can help.Our defense lawyers will fight to challenge the basis of an order, prevent a judge from issuing it as part of your court case, and try to remove it from public view. Contact us today for a free case evaluation.
Reference:
- https://www.law.cornell.edu/wex/restraining_order#:~:text=A%20restraining%20order%20is%20a,in%20cases%20of%20domestic%20violence.