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Are Restraining Orders Public Record?(4 Most Common Types Explained)

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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A criminal background check will likely include this information because restraining orders are part of the public record.

As a criminal defense attorney for over 10 years, I have seen the potential negative implications, such as difficulty obtaining current or future employment, housing, and other benefits.

In this article, I will tell you everything you need to know about restraining orders and how they can affect 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 appear on the defendant's record, while civil orders, often related to disputes or harassment, are also accessible unless privacy protections are applied.

  • With the Domestic Violence Restraining Order placed by the court, you can rest assured knowing that your safety is secured from future abuse or threats.

What Are Restraining Orders?

A lawyer reading up on restraining ordersRestraining orders are court-ordered documents that prohibit a person from contacting another individual, usually for reasons related to domestic violence or abuse [1]

The purpose of these orders is to protect the victim from further harm or harassment and to help them establish a safe living environment.

The individual receiving protection is the protected person, and the other party involved is referred to as the restrained person. Violating a restraining order is considered a criminal offense.

A restraining order is also frequently referred to as:

Some states mandate that a permanent restraining order requires the abuser to surrender their firearms to either law enforcement or an approved gun store.

This is a critical layer of protection for abuse victims and helps ensure they stay safe.

Nonetheless, a temporary restraining order that never becomes a long-term measure would only be visible to law enforcement officers.

Unfortunately, sometimes temporary restraining orders that should have been removed remain accessible on public records as if they were permanent restraining orders.

That's where our criminal defense expertise comes in - we will present your case effectively and do everything possible to get the best result.

Types Of Restraining OrdersA lawyer holding paperwork in an office

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 – and various sub-categories beneath them. 

For example, temporary restraints may remain in effect until an official court hearing. In contrast, permanent restrictions continue indefinitely or for a specified period determined by the courts. There are four types of restraining orders:

1. Domestic Violence Restraining Order

A lawyer looking at a domestic violence restraining orderSuppose you have endured any form of abuse or fear of abuse by a person with whom you were in an intimate relationship, like married couples, domestic partners, separated people who are still legally bound to each other, or dating someone, for instance.

In that case, obtaining a restraining order is how to protect yourself.

The court's Domestic Violence Restraining Order will guarantee your safety from the abuser and their threats.

Related Article: Domestic Violence Classes

2. Elder Or Dependent Adult Abuse Restraining Order

This type of order is reserved explicitly for elderly or disabled individuals aged 65 and over or between 18 and 64 with disabilities that impede them from completing regular 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 court order restraining order guards individuals from violence, intimidation, harassment, or the potential for violent activity.

4. Workplace Violence Restraining Order

In some states, federal and state law provides a powerful means of defense for employees who are victimized by workplace violence or threatened with such acts. 

These restraining orders act as safeguards that protect them from unlawful behavior and can be issued by court order.

Related Article: Retaliation in The Workplace

"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?

A lawyer looking at a restraining orderYes, a restraining order is a public record. Sealing or expunging criminal records is the only form of record keeping that can be legally carried out, leaving civil cases unable to take advantage of this action. 

You can either request a copy from the court clerk or online. Since court records are primarily accessible, restraining orders can also be accessible through electronic court records online. 

A restraining order can be issued as part of a criminal or civil court judgment. It's important to note that a restraining order does not always require an associated criminal charge but will be visible in your criminal records.

Steps to Take for Obtaining or Responding to a Restraining Order

Whether you need to obtain a restraining order or have one filed against you, following these steps can help you navigate the process effectively.

For Obtaining a Restraining Order:

  1. Assess Your Situation: Determine if you are experiencing abuse, harassment, or threats that warrant a restraining order. Identify the type of restraining order you need (e.g., Domestic Violence, Civil Harassment).
  2. Gather Evidence: Collect evidence supporting your case, such as photographs of injuries, text messages, emails, or witness statements.
  3. Complete the Application: Visit your local courthouse or its website to obtain the necessary forms for filing a restraining order. Fill out the application thoroughly, providing detailed information about the incidents.
  4. 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.
  5. 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.
  6. 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.
  7. Notify Law Enforcement: Provide a copy of the restraining order to local law enforcement to ensure they are aware of it and can enforce it if necessary.

For Responding to a Restraining Order:

  1. Review the Order: Carefully read the restraining order to understand its terms and conditions, including any restrictions on contact with the protected person.
  2. Consult an Attorney: Seek legal advice from an attorney experienced in handling restraining orders. They can help you understand your rights and options.
  3. Gather Evidence: Collect any evidence that may support your case or contradict the claims made against you in the restraining order application.
  4. Prepare for the Hearing: If a hearing is scheduled, prepare your defense by organizing your evidence and considering potential witnesses who can support your side of the story.
  5. Attend the Hearing: Be present at the court hearing and present your case respectfully and clearly. Follow legal advice on how to respond effectively.
  6. Comply with the Order: Regardless of your feelings about the order, it is crucial to comply with its terms until it is officially lifted or modified by the court.
  7. Consider Legal Action: If you believe the restraining order was unfairly issued, discuss options for appealing or modifying the order with your attorney.

By following these steps, individuals can navigate the complexities of obtaining or responding to a restraining order more effectively and protect their rights throughout the process.

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FAQs

1. What Happens At A Permanent Restraining Order Hearing?

At a permanent restraining order hearing, the plaintiff must demonstrate that a restraining order is merited - just as it would be 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. Failing to adhere to a restraining order in California can have dire consequences, especially when done intentionally and knowingly before the set 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 inquires about your criminal record, it implies that specific documents are pertinent to the position or else they would be advantageous in doing the job.

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 utilize background checks that delve into state or county court records to search for applicants' and employees' matches.

5. How Long Does a Restraining Order Last?

The duration of a restraining order depends on its type; temporary orders may last until a hearing, while permanent orders can last indefinitely or for a specified period.

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:

  1. https://www.law.cornell.edu/wex/restraining_order#:~:text=A%20restraining%20order%20is%20a,in%20cases%20of%20domestic%20violence.