Are you worried about your privacy after dealing with a restraining order? Besides the record concerns, these orders can indeed cast a shadow on some parts of your life—be it careers, relationships, or even housing.
Restraining orders are often civil matters, and not all civil records appear on standard background checks. Yet we still can’t take away what is shown in studies: that employers do consider some factors, including criminal and civil records when making hiring decisions.
Does a protective order show up on a background check? While some of you are asking this question, the weight given to restraining orders specifically can be different. It would have to depend on some factors, and the weight of your restraining order is just one of them.
In this topic, we will go over the potential consequences it brings, the possibility of removal, and give you some tips for managing the impact of a restraining order on your life. Stay with us to find out the answers you seek and regain control over your future.
The Nature of Restraining Orders
When a restraining order is issued against you, it does become a part of your legal history, and whether it goes on your criminal record or not depends on the type of restraining order and the jurisdiction you’re in.
In most cases, temporary restraining orders (TROs) or emergency protective orders (EPOs) aren’t automatically entered into your criminal record. These types of orders are typically issued in response to an immediate threat or danger. They’re meant to provide temporary protection until a hearing can be held to determine if a permanent restraining order is necessary. As such, they’re usually not considered criminal offenses and don’t appear on your criminal record.
If a permanent restraining order (PRO) were granted against you, it may be entered into your criminal record. Permanent restraining orders are issued after a hearing where both parties have the opportunity to present their case. If the court finds sufficient evidence to support the need for a long-term restraining order, it may be recorded on your criminal record.
Factors That Determine if a Restraining Order Goes on Your Record
The determination of whether a restraining order goes on your record depends on several factors.
- Type of restraining order issued against you. If a temporary restraining order is not extended or if it’s dismissed, it may not be entered into your permanent record, while for a permanent restraining order, it’s more likely to go on record.
- The jurisdiction in which the restraining order is issued. Different states have different laws and policies regarding the recording of restraining orders. Some states may automatically enter restraining orders into your record, while others may require additional steps or documentation.
- The severity and nature of the offense alleged in the restraining order can also impact whether it goes on your record. Restraining orders involving serious crimes or repeated violations are more likely to be recorded.
Consequences of Having a Restraining Order on Your Record
Having a restraining order on your record can have potential consequences that may impact plenty of aspects of your life. One aspect is your employment prospects. When potential employers conduct background checks, they may see the restraining order, which could raise concerns about your ability to maintain a safe and peaceful work environment. This could result in the loss of job opportunities or difficulty securing employment.
It may also affect your relationships. Friends, family members, or romantic partners may view the presence of a restraining order as a red flag, leading to strained relationships or even the loss of trust. It may also impact custody or visitation rights in cases involving children, as the court may consider the restraining order when making decisions about parental responsibilities.
Having a restraining order on your record can limit your housing options too. Landlords or property managers often conduct background checks on prospective tenants, and the presence of a restraining order may raise concerns about potential conflicts with neighbors or safety issues within the community. This could result in difficulty finding suitable housing or even being denied rental applications.
The consequences of having a restraining order on your record can vary depending on the jurisdiction and the specific circumstances of the case. It’s advisable to consult with a legal professional to understand the potential implications of your situation.
Is It Possible to Remove a Restraining Order From Your Record?
Removing a restraining order from your record may be a possibility, depending on the jurisdiction and specific circumstances of your case. In some jurisdictions, once a restraining order is issued, it remains on your record permanently. There may be a process in place to have the restraining order removed under certain circumstances.
To begin the process of removing a restraining order from your record, you’ll typically need to file a motion with the court that issued the order. This motion will outline the reasons why you believe the restraining order should be lifted, such as a change in circumstances or evidence that the order is no longer necessary for your safety.
The process for removing a restraining order can vary significantly depending on the jurisdiction. Some jurisdictions may require a hearing, where you’ll have the opportunity to present your case to the court. Others may require you to provide supporting documentation or evidence to support your request.
It is highly recommended that you consult with an attorney who specializes in family or criminal law to guide you through the process of removing a restraining order from your record. They’ll have the knowledge and experience to handle the specific procedures and requirements of your jurisdiction.
Tips for Managing the Impact of a Restraining Order on Your Life
To effectively manage the impact of a restraining order on your life, consider implementing these practical strategies.
- Comply fully with the terms of the restraining order. This means avoiding any contact with the protected person and refraining from any behavior that could be perceived as a violation.
- Document any incidents or interactions that may occur, as this can be useful in defending yourself if false accusations are made.
- Legal counsel is highly recommended. A lawyer who specializes in restraining order cases can guide you through the process, provide advice on how to handle the situation, and help you understand your rights and responsibilities. They can also assist you in handling any potential consequences that may arise from the restraining order, such as changes in custody arrangements or employment restrictions.
- Taking care of your mental and emotional well-being during this time matters. Reach out to a therapist or counselor who can provide support and guidance as you deal with the impact of the restraining order on your life. They can help you process your emotions, develop coping strategies, and make positive changes moving forward.
Conclusion
Having a restraining order on your record can have potential consequences and impact your life, and it’s possible to have it removed with the right legal process. The nature of restraining orders and their factors can determine if they go on your record. Managing the impact and seeking appropriate legal help can help you handle the situation effectively.
