Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits.
A restraining order is a court order that forbids a specific person from threatening, harassing, or abusing another person. The party that is protected is known as the protected person. The other party is known as the restrained person.
Restraining orders are also commonly referred to as:
- protective orders,
- orders of protection, or
- stay away orders.
Protective orders are often issued in criminal cases involving domestic violence charges.
1. Is a restraining order public record?
Generally, yes. Restraining orders are part of the public record in most cases.
This means that if a background check inspects a state’s court records, and a restraining order has been issued against you in the past, the check will likely reveal the order.
Note that courts can issue several different types of restraining orders. Some include orders for:
- domestic violence,
- civil harassment, and
- sexual assault.
A court can also issue a dependent adult abuse restraining order.
Some permanent restraining orders can remain in effect for up to five years. Others, though, will only be valid for months or even days. Examples include:
- temporary restraining orders, and
- emergency protective orders.
2. Is it a crime if you violate a restraining order?
Most state laws say you will face criminal charges if you violate an order of protection.1 The criminal offense is often charged as a misdemeanor.
Note that background checks will disclose convictions in a criminal court dating back seven years from the date of the check.
So, if you are convicted of violating a stay-away order, a background check will likely reveal it.
You can try to get an expungement or record seal to remedy this.
“Expungement” generally refers to the process where a court orders that a conviction be erased from your criminal record.2
Some states offer record seals as opposed to expungements.
The main difference is that while an expungement may result in the physical destruction of a record, a sealed record is not destroyed.3
3. Should you disclose a restraining order to a potential employer?
Depending on the situation, it might be a good idea to tell a potential employer that you have had a restraining order filed against you in the past.
Since protective orders are part of the public record, a potential employer will likely learn of it via a background check.
If then, you mention the order, you have the opportunity to explain the facts surrounding it. For example, if a domestic violence retraining order was filed against you, you can discuss that:
- the “victim” falsely accused you of something,
- law enforcement officers never really investigated the case,
- the order was later terminated at a court hearing or subsequent court date,
- you have gotten your life back on track since the order, and/or
- but for the restraining order, you have a clean criminal record.
It is often a good idea to provide an employer with a list of references that can attest to your good character, even though a protective order was issued in the past.
4. Can a restrained party possess a firearm?
Most restraining orders prohibit a restrained person from owning or possessing a firearm for as long as it is in effect.
They also generally prohibit a restrained person from purchasing a gun.
Most jurisdictions say that a person who violates these prohibitions will face criminal charges.4
5. Should you contact a criminal defense attorney?
Yes. If a restraining order has been filed against you, you should contact a criminal defense lawyer for help. This is true despite the type of protective order that has been filed against you (for example, a harassment restraining order or otherwise).
Given our vast experience with stay-away orders, a defense attorney can help by:
- challenging the basis for an order,
- preventing a judge from issuing a final order in your court case, and
- trying to remove an order from public access.
Please keep in mind that most criminal lawyers and law firms/law offices provide free consultations. A free consultation means you can receive legal advice without spending a dime.
Further, your communications with an attorney are protected by the attorney-client relationship. As a result, your lawyer cannot disclose your confidences without first getting your consent.
Legal References:
- See, for example, California Penal Code 273.6 PC.
- Black’s Law Dictionary, Sixth Edition – “Expungement of record.”
- Compare, for example, Florida Statutes 943.0585 (authorizing the destruction of expunged criminal records) and Nevada Revised Statutes 179.247 (discussing the effects of a sealed record).
- See, for example, Nevada Revised Statutes 33.0305.
