Staying informed about California's restraining orders, laws, and procedures is crucial. These court orders, known as ROs, are designed to protect individuals from harassment, threats, violence, or other forms of abuse. The laws and procedures on restraining orders are constantly evolving, making it essential to stay informed and empowered.
If you are facing allegations of domestic violence in California, you are highly likely to be served with a restraining order. One of the primary concerns for individuals involved in a restraining order case is whether the order will appear on their records.
The simple answer is yes. California restraining orders will go on your record. While a restraining order is a civil action, not a criminal charge, it is a public record.
Still, the extent to which it will affect your record depends on several factors, such as the type of restraining order, the case specifics, and whether you violate it.
When the court orders a restraining order, the information is entered into the California Law Enforcement Telecommunications System (CLETS). This system gives law enforcement agencies access, which could be necessary for enforcing the order.
CLETS is not a public record, so the general public cannot access this information. Still, restraining orders can have significant implications for your record. A temporary restraining order, usually issued for a short period, has less impact on your record than a permanent restraining order, which can last for three to five years or longer.
The CLETS does not directly interact with public databases or commercial background check services, but a restraining order could still influence background checks through other channels. For instance, if an arrest were made related to the domestic violence that led to the restraining order, this arrest record would likely appear in most background checks.
Also, if you violate the order, you might face criminal charges, leading to a conviction and a criminal record. This legal procedure protects the alleged victim by limiting the accused's actions. While a restraining order is a civil action, not a criminal charge, it is a public court record.
In California, domestic violence cases are typically considered public records. This means anyone can access the information through the court system, but certain restrictions might apply depending on the specifics of the case.
Let's review further below how restraining orders are reported and under what conditions they might appear in a background check.
Restraining Orders - Quick Facts
- Restraining orders may sometimes (but not always) appear in a background check, depending on the conditions and the type of check being done.
- Whether a restraining order shows up on a background check in California largely depends on the type of check conducted.
- Basic background checks used by most employers will typically not reveal a restraining order unless you were convicted of violating that order.
- Restraining orders, known as protective, no-contact, and stay-away orders, are issued when the court decides that an accused person must not have any contact with another person.
- Restraining orders are most common in domestic violence cases.
- If a spouse has inflicted injury, threatened, stalked, or harassed, the court can issue a restraining order to restrict any contact.
- The restraining order is not a criminal offense unless violated, which will then become a misdemeanor charge.
- The common types of restraining orders in Los Angeles County are civil harassment restraining orders and domestic violence restraining orders.
- Civil harassment orders are used for various situations, such as when someone is threatening or acting violently towards or harassing you.
- Domestic violence restraining orders are used in situations when the accused is acting violently, making threats, harassing, and stalking.
- A violation of these orders could result in contempt of court under California Penal Code 166 PC.
- Protective orders can be issued in an emergency and can be temporary or permanent restraining orders.
- Violating a protective, restraining, or stay-away order under Penal Code 273.6 PC carries harsh penalties.
When Will a Restraining Order Most Likely Appear?
- When you violate the terms of a restraining order and are convicted of a violation, it will likely show up on any criminal background check.
- Job positions requiring a high level of security clearance or trust might involve more thorough screenings and reveal restraining orders even if they are not connected to criminal activity.
- Some regulations require the disclosure of restraining orders, especially for positions related to law enforcement, education, and childcare.
- Employers who use specialized background checks, including searches for civil court orders such as restraining orders.
- Jobs under federal regulations mandating the disclosure of such orders will necessitate checks that include explicitly looking for restraining orders.
- When a landlord conducts a deeper check than a basic criminal background check and requests civil court orders from the courthouse, they might reveal a restraining order.
When Is a Restraining Order Unlikely to Appear?
- Many entry-level jobs only require basic background checks focusing on criminal convictions. Thus, a restraining order alone, without any criminal charges, will likely not appear.
- If you're served with an emergency restraining order (ERO) or a temporary restraining order (TRO) that is allowed to expire and is not converted to a permanent restraining order, these are removed and unlikely to appear. To convert a temporary restraining order to a permanent one, a hearing is usually held where both parties can present their case, and a judge will decide whether to issue the permanent order.
- Some background checks might only cover records within a specific jurisdiction, possibly omitting out-of-state restraining orders unless entered into national databases.
What Are the Types of Restraining Orders in California?
A restraining order, also called a protective order, is a court order issued to prevent someone from committing further acts of violence or harassment against a victim, typically an intimate partner.
They are supposed to protect the victim by restricting the accused's behavior, including prohibiting contact with the victim, mandating a certain distance from the victim's home or workplace, and even removing the accused from a shared house. In California, the main types of restraining orders include:
- Domestic violence restraining order. These are issued to protect people from abuse by a close relation, such as a spouse, former spouse, cohabitant, or someone they have a child with.
- Civil harassment restraining order. These are designed to prevent harassment, threats, or violence from non-intimate partners.
- Elder or dependent adult abuse restraining order. These are issued to protect elderly individuals (65+) or dependent adults (18-64 years) with specific disabilities from abuse.
- Workplace violence restraining order. These are issued to protect an employee from threats or violence at the workplace.
- Gun violence restraining order. This allows police or family to petition the court to temporarily remove firearms from someone who poses a significant risk to themselves or others.
- Emergency protective orders (EPOs). Police or judges issue these in urgent situations, typically lasting up to seven days.
- Temporary restraining orders (TROs). The court issues these after a victim requests them, and they last until a hearing determines whether a permanent order should be issued.
- Permanent restraining orders. These can last up to five years following a court hearing.
- Criminal protective orders (CPOs). These are automatically issued in domestic violence cases the district attorney prosecutes.
Contact our California criminal defense attorneys for more information. Cron, Israels & Stark is based in Los Angeles, CA.
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