Does a Restraining Order Go on Your Record?
The question of whether a restraining order appears on your record is complex and depends heavily on several factors, including the type of order, the jurisdiction (state or country), and how "record" is defined. There's no single, simple yes or no answer.
Let's break down the different aspects of this question:
What Kind of Record Are We Talking About?
The term "record" is ambiguous. Are we referring to:
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Criminal Record: A restraining order itself isn't typically a criminal conviction. Therefore, it usually won't show up on a background check designed to reveal criminal history (like those used for employment or housing). However, the underlying circumstances that led to the restraining order might. For example, if the restraining order stemmed from a domestic violence incident resulting in assault charges, those charges and their disposition would appear on a criminal background check.
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Civil Record: Restraining orders are civil matters, not criminal. They are filed in civil court and become part of the court's civil records. These records are accessible to the public, though access may be limited in some jurisdictions to protect the victim's privacy.
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Background Checks for Specific Purposes: Some background checks, particularly those for certain professions (like teaching or childcare) or specific security clearances, might include inquiries about restraining orders, even if they aren't criminal convictions. These checks often go beyond standard criminal background checks.
Does the Type of Restraining Order Matter?
Yes, the type of restraining order significantly impacts its visibility. There are different kinds, including:
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Temporary Restraining Orders (TROs): These are short-term orders issued quickly, often before a full hearing. They usually expire unless a permanent order is granted. Their presence on a "record" is less likely to be lasting than a permanent order.
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Permanent Restraining Orders (or Permanent Protective Orders): These are long-term orders issued after a full hearing. These orders are more likely to be considered a significant part of someone's civil record.
How Do Restraining Orders Affect Different Aspects of Life?
The impact of a restraining order varies widely:
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Employment: While a restraining order itself likely won't directly disqualify you from a job, the circumstances leading to it could. Employers often conduct thorough background checks, and the underlying events might raise concerns.
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Housing: Similarly, the circumstances, not necessarily the restraining order itself, could impact housing applications. Landlords may be concerned about potential risks.
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Travel: Restraining orders can restrict travel, particularly if they involve specific locations or individuals.
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Gun Ownership: In many jurisdictions, a restraining order can restrict or prohibit gun ownership.
What About Expungement or Sealing of Records?
In some jurisdictions, it might be possible to petition the court to expunge or seal a restraining order from public record after a certain period has passed, and if certain conditions are met. However, this is not always possible and varies greatly by state and the specifics of the case.
In conclusion: A restraining order doesn't automatically appear on a standard criminal record, but it is part of the civil court records. Its impact on different aspects of someone's life depends on the context, the type of order, and the specific circumstances. Always consult with a legal professional for advice specific to your situation and jurisdiction.
