The question of whether a restraining order appears on your record is complex, as it depends on several factors, including the type of restraining order, the jurisdiction, and how "record" is defined. Let's break it down.
What is Considered a "Record"?
The term "record" is ambiguous. Are we talking about:
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Criminal record: This typically refers to a record maintained by law enforcement agencies, showing arrests and convictions. Restraining orders themselves aren't criminal convictions. However, violating a restraining order is a serious criminal offense that will appear on your criminal record.
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Background checks: Employers and others conducting background checks may access different databases. Some databases may include information about restraining orders, while others may not. The specific information included varies greatly by the database and the jurisdiction.
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Civil court records: Restraining orders are civil matters, not criminal. Therefore, the details of the order will be publicly available in the court records of the relevant jurisdiction.
Types of Restraining Orders and Their Impact
Different types of restraining orders exist, and their impact on your "record" can vary:
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Civil Restraining Orders: These are issued by civil courts to protect individuals from harassment, stalking, or domestic violence. While not a criminal conviction, the existence of the order itself might show up in some background checks. Violating a civil restraining order, however, is a criminal offense that will be on your record.
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Criminal Restraining Orders: These are often issued as part of a criminal case, frequently alongside a conviction. These are more likely to show up in background checks than civil restraining orders.
Does a Restraining Order Affect Employment or Housing?
The impact of a restraining order on employment and housing varies significantly.
While the order itself isn't usually a direct bar to employment or housing, a background check might reveal its existence. Employers and landlords will likely consider the circumstances surrounding the order when making decisions. A history of multiple restraining orders or violations of orders is far more concerning than a single instance. They'll often look at the context and details.
Can a Restraining Order Be Expunged or Sealed?
The possibility of expunging or sealing a restraining order depends heavily on the jurisdiction and the specific circumstances of the case. Some jurisdictions allow for sealing or expungement of certain records after a period of time and under specific conditions, but this is not guaranteed. You'll need to consult with a legal professional in your area to understand the possibilities in your case.
What Happens if I Violate a Restraining Order?
Violating a restraining order is a criminal offense, leading to arrest, prosecution, and a criminal record. The penalties can be severe, including jail time and fines. This criminal record will undeniably impact future background checks and opportunities.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. For specific legal advice regarding restraining orders and their impact on your situation, you must consult with an attorney licensed in your jurisdiction.
