The length a restraining order stays on your record depends on what order you received. There are various types of restraining orders and each one has its own policies. If you received a temporary restraining order, it will appear to law enforcement officials for 14 days, or until your court hearing. If the restraining order is denied at the hearing, it will be erased from your record. However, if it is denied by the judge, it will remain.
What is a restraining order?
A restraining order is an order delegated by the court in an effort to protect a person, business, object, entity, or company. When a restraining order is placed, it is to protect the victim against domestic violence, sexual assault, harassment, stalking, or child abuse.
What are the types of restraining orders?
There are four different types of restraining orders. They are civil harassment, domestic violence, elder or dependent adult abuse, and workplace violence. Each order pertains to a different situation, therefore, each has its own requirements in order to be filed.
In a civil harassment restraining order, the victim is being stalked, harassed, or assaulted by someone who is not close to them. Most people are familiar with this type of order.
A domestic violence restraining order applies to an individual being abused by someone close to them. For example, a spouse, parent, sibling, child, or in-law. There are three types of domestic violence orders, which are emergency protective, temporary (ex parte), and restraining order after hearing.
Adult abuse restraining order protects individuals who are 65+ or between the ages of 18-64 that cannot defend themselves. If an individual has mental or physical disabilities or is elderly or handicapped, they will file this order. Abuse in these cases looks like physical, financial, neglect, or harmful treatment.
A workplace violence order is filed if an employee has suffered from abuse in the workplace. The employer will file this order in hopes to help the employee. If the employee wishes to file their own, they will need to submit a civil restraining order.
What does a restraining order affect?
If you receive a restraining order, it will appear on your background check. It has the potential to affect employment and gun rights. However, most of the time it won’t. If you work in the military, you will not be discharged. However, you will not be able to fulfill your duty because of the firearm restrictions.
If you have received a restraining order, know what that means. Some orders will require the defendant to move into new housing or provide financial support. Most orders will not allow the defendant to possess firearms. Any restraining order will not allow the defendant to be within a certain distance of the victim or come into contact with the victim. Contact such as email, text message, phone call, social messaging, and other forms of communication is prohibited.
What happens at a restraining order hearing?
Before the hearing begins, it is recommended that the defendant submits a response before attending the court date. This statement should be carefully composed. Meanwhile, if you have received a restraining order, seek a trustworthy attorney to help you navigate the court system.
At the hearing, the defendant will admit to the allegations if they are true. The defendant can also agree to the claims without admitting guilty. Lastly, both parties will hear the judge’s ruling. The defendant should hope the order is pardoned or overturned.
If you have received a temporary restraining order, you should not miss your court date. The judge can still issue a permanent restraining order without hearing your side of the story.
How long does a restraining order last?
If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. The exact duration will be indicated in the order. If the defendant violates the order, it can be extended. This is a serious crime and there are many punishments that can result from breaking your order.
Can you lift a restraining order from your record?
Yes, but only under special circumstances. In order to have this order lifted from your record, the defendant must file a Motion to Lift Restraining Order or a Motion to Modify Conditions of Pretrial Release. Filing this will identify and involve both parties. The victim should only agree to dissolve the restraining order if they do not feel harm or danger. If the victim agrees to have it lifted, it will be removed from the defendant’s record.
If you are a victim of abuse and want to file a restraining order, please do not hesitate. If you need legal assistance with a restraining order, contact De Castroverde Criminal & Immigration Lawyers to ensure the best possible outcome for your case.