If you are accused of violating a restraining court order, having several questions about what that accusation means for you is understandable. Your concern is whether the violation will remain on your record. The truth is, restraining order violation charges can impact your personal and professional life in various ways. Understanding your responsibilities and rights when facing these charges can help you avoid these effects. Read on to determine whether a restraining order violation will stay on your record.

Restraining Order and Different Types

Before we answer whether a restraining order violation stays on your record, you want to know what a restraining order is and the different types recognized under California law.

A restraining order is also called a protective order. It is a court order meant to safeguard people from violence, harassment, threats, and other types of abuse. California procedures and laws surrounding protective orders constantly change. This makes it crucial for individuals always to be informed. Among the key concerns for people subject to a protective order violation charges is whether or not the order or their violation will reflect on their criminal record. You can better comprehend your rights and safeguard yourself by delving into how protective orders impact a person's record.

Five types of protective orders are recognized under California law. These include the following:

• Gun Violence Restraining Order (GVRO). This order allows family members or the police to request the court to temporarily remove guns and ammunition from a person posing a substantial risk to others or themselves.

• Workplace Violence Restraining Order (WVRO). The court grants this order to protect a worker from violence or threats at the workplace.

• Dependent Adult or Elder Abuse Protective Order. The court issued this order to safeguard dependent adults (eighteen to sixty-four years) with certain disabilities or elderly persons (65 years or more) from abuse.

• Civil Harassment Restraining Order (CHRO). This order intends to prevent threats, violence, or harassment from non-romantic partners or non-relatives

• Domestic Violence Restraining Order (DVRO). This order is issued to safeguard victims from abuse or violence by an intimate party. These parties include a spouse, ex-spouse, cohabitant, fiancé(e), ex-fiancé(e), or somebody with whom the victim has a child.

The above types of restraining orders offer different levels of protection. These levels of protection are emergency, temporary, and permanent.

Judges often issue emergency protective orders (EPOs) in response to domestic abuse calls. If a police officer responding to a domestic abuse call believes the victim requires immediate protection from the abuser, they may contact a judge on call to issue the order. If granted, the EPO takes immediate effect and might last one week.

Before an EPO’s validity period ends, the victim can request a temporary restraining order (TRO), which provides temporary protection. A TRO lasts 21 days, and towards the end of its expiration date, the court can hold a hearing to determine whether the victim requires permanent protection, provided by A permanent restraining order (PRO)

There are particular laws applying to these protective orders. If the judge has issued any kind of protective order against you, you want to consult a skilled lawyer who can assist you in fully understanding the rules of adhering to the order. You can be subject to severe consequences if accused of violating protective order terms, even accidentally.

Do Protective Orders Stay On a Record?

Many people ask whether restraining orders stay on a person’s record. The brief answer to this question is yes. California protective orders do go and remain on a person's record. Whereas protective orders are civil matters, not criminal, they are public records. Still, the degree to which the protective order will impact your record depends on various factors. These include the specific facts surrounding the case, the kind of protective order, and whether or not you violated it.

When a California court issues a protective order, the authorities feed the information into the CLETS (California Law Enforcement Telecommunications System). This system permits the police to access information about the protective order, which could be crucial to enforcing it. It is essential to remember that CLETS is not a public record. Therefore, the information there will not be accessible to the public. However, the information will be accessible to prosecutors, the police, and particular licensing bodies.

This means even though protective orders are civil matters, they could still reflect during comprehensive background checks. Employers usually utilize third-party screening services that spot involvement in harassment or domestic violence cases, even when no criminal conviction has occurred.

A TRO might reflect on your record when it is still active via court record searches. Often, it lasts for a few weeks, generally until the court holds a proceeding to determine whether it should issue a PRO. Should the court grant a PRO, it will reflect on your record. Usually, a PRO lasts a more extended period than a TRO (between three and five years, based on the type of order it is).

Both court orders can reflect on background checks and have serious implications. Whereas a TRO is shorter, its reflection on background checks could still impact housing or employment decisions. Because they last longer, PROs can have a more significant effect than a TRO. Seeking legal help to understand how these court orders impact your record is crucial.

The CLETS usually does not interact with commercial background check services or public databases. However, a protective order might still influence background checks via other avenues. For example, if the police arrested you for domestic abuse that resulted in a protective order, the arrest record would likely show up on many background checks.

Under California law, domestic abuse cases are generally deemed public records. That means anybody can access the information via the court system. However, certain limitations may apply based on the case specifics.

What About a Protective Order Violation?

Violating a protective order can subject you to criminal charges. A conviction carries severe consequences, including a criminal record. That means a restraining order violation conviction will stay on your criminal record. The appearance of the restraining order violation on your criminal record is even more detrimental than the reflection of the protective order itself. The criminal process safeguards the supposed victim by restricting the defendant's actions. You want to fully adhere to the terms and conditions of your protective order to avoid facing these consequences.

The Consequences of a Protective Order Violation Staying on Your Criminal Record

A protective order staying on your criminal record can result in long-term and short-term repercussions. Protective orders also include conditions and terms regarding their violation. You want to fully comprehend all the protective order elements to know what could be on the line if you disobey the order's terms. Possible consequences you could face are as follows:

• Immigration. If you are a non-U.S. citizen, you might be subject to issues with acquiring a green card or a United States visa if you have a protective order or its violation on your record.

• Professional licenses. Some certifications or professional licenses might necessitate a background check. Should a protective order or its violation appear on the record, it might negatively affect your capability to maintain or obtain such licenses.

• Housing. Landlords usually conduct criminal background checks on possible tenants. If a protective order or its violation reflects on your criminal record, they might decline your application to rent their house. Also, specific protective orders might stop you from staying close to or with the victim, restricting your housing choices.

• Employment. Prospective employers might run criminal background checks during the hiring process. If a protective order or its violation shows up, it might raise concerns regarding your capability to maintain a safer work environment. Sometimes, this may result in being left out for a promotion or a job.

Consulting a skilled restraining order attorney can assist you in determining how a protective order may impact your future. The lawyer can also help if you are unjustly subject to a protective order because of false allegations. Retaining an attorney you trust will be crucial in this challenging situation. They can assist you in building a detailed defense.

Can You Remove a Protective Order Violation from Your Civil or Criminal Record?

In many cases, protective orders cannot be sealed or expunged under California law. Even after the order expires, the fact that it was issued remains part of court records. This could be damaging, particularly if you live in areas necessitating background checks for HOA approvals or gated community access.

There are a few exceptions. If the protective order was issued contingent on false accusations, and your lawyer can show the petitioner's misconduct, the court might agree to withdraw the order. That does not delete it entirely. However, it may assist in minimizing the long-lasting repercussions. In serious cases that involve false accusations, you might have a basis to pursue a civil remedy for lost income or reputational harm.

If found guilty of violating a protective order, you can seek to expunge the conviction record. PC 1203.4 is California's statute on criminal conviction record expungement. A conviction record expungement, also called a dismissal, will release you from the negative repercussions of a criminal conviction.

One advantage is that you will not need to disclose your expunged conviction to potential employers. California's ban-the-box statute under Assembly Bill (AB) 1008 prohibits employers from inquiring about the criminal record of a job applicant unless and until there is a conditional employment offer.

However, after the court has expunged the conviction, you need not disclose it to your employer even after they make a conditional employment offer.

Generally, PC 1203.4 allows record expungements for felony or misdemeanor offenses as long as you have successfully served your probation term or sentence (whichever applies) and are not presently doing the following:

• Facing charges for a crime

• Serving probation for an offense, or

• Serving any sentence for an offense

If you seek to apply for 1203.4 PC relief after a restraining order violation conviction, you must have successfully served your probation term (or acquired an early probation termination).

Fighting a Protective Order Violation

Sadly, some individuals try to weaponize restraining order violations unjustly for different purposes. For example, a parent with a custody or divorce case might falsely accuse the other parent of violating a protective order. This could ruin the accused person's reputation, relationship, and interactions with their child. It can also trigger various other professional and personal repercussions.

If someone has falsely accused you of violating a restraining order and you are subject to criminal charges, you can defend yourself during the criminal court process. The criminal justice system establishes whether or not you violated the protective order. A skilled restraining order lawyer can assist you in collecting exonerating witness testimony and evidence to prove you fell victim to false accusations.

A person can be subject to severe consequences if they have submitted an incorrect report or used the protective order system unfairly. Also, you may have a basis to pursue compensation if you sustained harm due to false allegations. You might, for example, have been compelled to vacate your home, lost your employment, and incurred other special damages alongside non-economic damages. In that case, you would be entitled to compensation.

Find a Reputable Restraining Order Attorney Near Me

If you have been accused of violating a protective order, you are a step away from having the violation go on your record. A protective order violation on your record could cost you housing, job opportunities, and even your reputation. You need a skilled restraining order lawyer by your side to stand a chance of avoiding these consequences.

At Goldman Flores Restraining Order Law Firm, we can assist you in understanding and responding to restraining order violation charges. The authorities enforce restraining orders strictly and treat their violation harshly. Our lawyers will work tirelessly to prevent or reduce the adverse effects of the violation. Regardless of where in California you have been charged, call us now at 213-341-4087 for a complimentary case review.