Usually, restraining orders are part of a public record. If you have a restraining order against you, it will appear if someone conducts a background check on you. This can have consequences when looking for a job, housing, or seeking other benefits. A restraining order forbids a person from harassing, threatening, or abusing a protected person.

Types Of Restraining Order

Before you understand whether a restraining order is a public record, you must first understand what a restraining order is and the various types of restraining orders. The court can issue various types of restraining orders, which include:

Civil Harassment Restraining Order

The law allows a victim to seek a civil harassment restraining order to stop a person with whom the victim is not in an intimate relationship from doing the following:

  • Threatening

  • Stalking

  • Abusing, or

  • Harassing the victim

Harassment under the law means any of the following:

  • Credible threats of violence that can put a victim in fear

  • Behavior that harasses or annoys the victim

  • Unlawful violence, such as sexual assault or assault

Individuals who are not considered to be in an intimate relationship include:

  • Non-dating friends

  • Roommates

  • Neighbors

  • Co-workers

A civil harassment order will protect the victim from threats or harm from another person. This order can prevent an abuser from doing the following:

  • Getting close to the victim’s school or place of work

  • Visit the victim or get close to their child or family members

  • Reaching the victim over the phone or email

A civil harassment order lasts for five years from the court date or court hearing date

Domestic Violence Restraining Order

The court can issue a domestic violence order in cases of domestic violence. This will prevent the abuser from harassing, threatening, or harming the victim. A victim can seek this order against someone with whom the victim:

  • Shares a child

  • Is in an intimate relationship with

  • A dating relationship, or

  • Domestic partners

The terms and conditions of a domestic violence restraining order will vary from one case to another. Some of the conditions can include:

  • Complete a 52-week batterer intervention program

  • Return or release specific property

  • Not to modify insurance policies

  • Pay certain bills

  • Pay partner or spousal support

  • Pay child support

  • Surrender possession of a gun

The court will issue a domestic violence restraining order if there are sufficient legal grounds. The victim does not have to show that he/she suffered bodily harm to secure this order. The only evidence needed to secure this order includes:

  • Proving that the abuser is an intimate partner or a first- or second-degree relative

  • The defendant abused or threatened to abuse the victim or their child

Workplace Violence Restraining Order

An employer can secure a workplace violence order to protect an employee from immediate danger, abuse, or a threat of unlawful violence at the workplace. This order keeps the abuser away from the victim and their family. It stops the abuser from calling the victim. The law allows victims to seek the following orders to protect themselves from co-workers:

  • A domestic violence restraining order

  • Dependent adult or elder abuse restraining order

  • A civil harassment restraining order

The employer seeking this order does not have to be the immediate employer. For example, the HR manager can request this order to protect an employee from assault, battery, sexual assault, threats, stalking, or other physical violence. Additionally, the purpose of a workplace violence order is not to silence people from engaging in constitutionally protected activities like

  • Whistleblowing

  • Unionizing, and

  • Picketing

The workplace violence protective order takes three years from the court or court hearing date. A victim can secure this order by going to the Superior Court and filing essential restraining order forms. An attorney can also do this on the victim’s behalf. An employer must give the reasons for requesting protection for another person. The employer will file the forms with the court clerk at no cost. The court will review the forms and may schedule a hearing promptly, often within one day, to determine if there is sufficient evidence to grant the order.

Elder Abuse Restraining Order

The court can issue an elder abuse order to protect an elderly or dependent adult from an abuser. Victims can suffer physical, financial, or emotional abuse. Elder abuse can take place anywhere, including online. An abuser can isolate the victim from family or friends, stop the victim from accessing basic needs or money, and deprive them of food or medication.

Law enforcement will be asked to enforce the order once it has been issued. The abuser can face the following conditions after the issuance of the order:

  • No owning or possession of a firearm

  • Enroll for counseling or anger management classes

  • Move out if the abuser stays with the victim

  • Keep a certain distance away

  • No contact

A victim is eligible to seek an elder abuse order if he/she is 65 years or older. A dependent adult can also seek this order solely. Other people who can pursue this order include:

  • A representative of the county adult protective services agency

  • A guardian ad litem or an attorney for the elderly

  • Trustee or conservator of the elderly

An elder or their loved one can seek this order by filling out several forms to describe the abuse. The entire procedure can take several weeks or months, depending on the case's complexity. Alternatively, the judge can offer a temporary restraining order within a day. Filing an elderly abuse restraining order is free.

The Purpose Of A Restraining Order In Legal Protection

A restraining order legally protects individuals at risk of harm. Once the court order has been issued, the police can act if it is violated. Some actions can include arrests or taking other legal actions to enhance the petitioner's safety. This will also prevent further cases of harassment, violence, or harm.

A restraining order often serves two purposes. It protects the petitioner and gives the accused clear legal boundaries. In this case, it prevents misunderstandings and ensures the parties involved understand harmful behaviors. The court often sets these legal boundaries to minimize future conflict and harm.

Restraining Orders And Public Accessibility In California

The judge can issue a restraining order to protect the victim from harassment or harm. Some of the restraining orders include domestic violence restraining orders, temporary restraining orders, and civil harassment restraining orders.

A restraining order is part of an individual’s public record. Another person can access it by requesting a copy from the county court where it was issued. Sometimes, a person can be asked to pay any associated fees to the court before being issued a copy.

A restraining order is a legal document to stop certain behaviors and protect victims from further harm. This order can be accessible to the public depending on the case. People can access the order by requesting the court clerk or through electronic court records. The extent to which a restraining order can be a matter of public record can also vary. Most court records, including specific restraining orders, are public. However, some details can be redacted to protect a person's privacy. For example, contact information and addresses are often kept secret. The existence of a restraining order can be public, but specific information can be hidden to protect the parties involved.

Various factors can determine the public record status of a restraining order. The type of restraining order, permanent or temporary, can influence the order’s accessibility. Specific court policies can also affect the accessibility of a restraining order. Understanding these nuances can assist any person involved in a restraining order case.

Transparency And Privacy In Restraining Order Cases

It is hard to balance transparency and privacy in cases involving restraining orders. Access to court records is often a principle of transparency. However, it is equally essential to ensure the privacy and safety of a person. This balance is crucial because it helps the justice system maintain integrity. This cannot interfere with a person's rights.

The discussion regarding transparency and privacy is not only about legal principles but about people's lives. An individual’s address and personal details should be a top priority when their safety is at risk. In this situation, the person’s details should be treated privately. However, the court also must consider that the public has the right to access its records since it is a cornerstone of accountability in the justice system.

The Effect Of A Restraining Order On Your Life

A restraining order can have a negative impact on your life. It can affect your employment prospects when potential employers run background checks. You can miss out on a job opportunity if a criminal background check gets in the way of some jobs.

Protecting The Privacy Of Your Restraining Order

You can minimize public exposure of your order through:

Sealing Your Records

You can petition the court to have your restraining order records sealed.

Use Confidential Information

Use confidential contact information when filling out paperwork for a restraining order.

Situations Where A Restraining Order Can Be Sealed

The court can decide to seal a restraining order. If this happens, the public cannot access the restraining order. This often occurs when revealing the order, which can risk a person’s safety. For example, a domestic restraining order has sensitive details that can endanger the petitioner. In this situation, the court can decide to seal the restraining order. The court will do this to balance the need for public access to court records and the parties' safety.

However, the court often takes the sealing of a restraining order seriously. This decision normally involves considering the possible impacts on the parties involved. The court will consider the broader implications for public access to legal proceedings. The purpose is to ensure justice while protecting the petitioner.

Whether It Is An Offense To Violate A Restraining Order

Violating a restraining order can attract criminal charges. This offense is often charged as a misdemeanor. Background checks will also reveal this conviction in a criminal court dating back seven years from the day of the check. This check will also show if you were convicted of violating a stay-away order. You can only remedy this by seeking an expungement or a record seal.

Whether You Should Reveal A Restraining Order To A Prospective Employer

Depending on the circumstances, you can reveal your restraining order to your prospective employer. A prospective employer can also access the order through a background check because protective orders are part of the public record.

You can give mitigating details regarding your restraining order if you reveal it. For example, you can allege the following in the case of a domestic violence order:

  • You were a victim of false accusation

  • The police did not investigate the allegations leveled against you

  • Your restraining order was dropped during a court hearing or a subsequent court date

  • You got on the right track after the order

  • You have a clean criminal record despite the order

You can prove the above allegations by providing a list of references that can attest to your good conduct, despite the past restraining order.

Some restraining orders will show up on a background check for an employer, while others will not. In some situations, orders issued in domestic violence cases do not show up via civil background checks but can appear on criminal background checks. On the other hand, a prospective employer will discover civil restraining orders like those linked to harassment or workplace issues. Fortunately, even if a restraining order appears on a background check, it does not automatically deny you a job. A potential employer will consider the nature of the order, its relevance to the job, and other facts before hiring an employee. You can hire an attorney if you have concerns regarding an order affecting your employment prospects. An attorney can talk to prospective employers during hiring, clarify problems, and provide a solution.

Find a Restraining Order Attorney Near Me

Since a restraining order is a matter of public record, it can affect your life in several ways. You should contact an attorney immediately when you learn that a restraining order has been filed against you. A California attorney experienced in restraining orders can help you challenge the basis of the restraining order or try to remove the restraining order from public view. At the Goldman Flores Restraining Order Law Firm, we have skilled attorneys who can handle all restraining order cases, no matter how intricate. Contact us at 213-341-4087 to speak to one of our attorneys.