A restraining order, also known as an Order of Protection, is a legal document that restricts one person’s ability to contact or come near another person. While the purpose of a restraining order is to protect the safety and well-being of the person who requested it, it can also have a significant impact on the life and record of the person against whom it was issued.
In this article, Eastcoastlaws.com explore how restraining orders can affect your life and your record, from limiting your freedom of movement and affecting your employment opportunities to potentially damaging your reputation. Whether you are considering obtaining a restraining order or have had one issued against you, understanding the implications of these legal documents is crucial for making informed decisions and taking steps to protect your rights and future prospects.
Who Can Get A Restraining Order?
A restraining order, also known as a protective order, is a court order that requires an individual to stay away from another person or location. The purpose of a restraining order is to protect someone who has been threatened, harassed, or abused by another person. Generally, anyone who is a victim of domestic violence, stalking, or harassment can get a restraining order. This includes spouses, family members, dating partners, and anyone who has been in a close relationship with the abuser. In some cases, a restraining order may also be granted to protect a workplace or business from unwanted contact or behavior. The process of obtaining a restraining order varies by state and can involve filing paperwork, attending a court hearing, and presenting evidence of the abuse or harassment.
Are Restraining Orders Criminal Charges?
A restraining order is not a criminal charge in and of itself. It is a civil court order that prohibits an individual from contacting or coming within a certain distance of another person or location. Restraining orders are typically granted in cases where the victim has been threatened, harassed, or abused by the person being restrained.
While a restraining order is not a criminal charge, violating a restraining order can result in criminal charges. If the restrained person violates the terms of the restraining order by contacting or coming within the prohibited distance of the protected person or location, they can be arrested and charged with a crime. The specific penalties for violating a restraining order vary by state, but they often include fines and possible jail time.
It is important to note that restraining orders are not a guarantee of safety and should not be relied on as the sole means of protection. Victims of abuse or harassment should also consider seeking help from local law enforcement, domestic violence organizations, or a qualified attorney.
What Happens At The Hearing?
You have a few options at the hearing. It’s crucial to speak with a lawyer before selecting which course of action to take. You might first accept your conviction by acknowledging the veracity of the accusations. You can accept your conviction, nonetheless, without formally admitting guilt.
If you want the restraining order to be forgiven or thrown out, you can have a court hear your case.
How Long Do Restraining Orders Last?
The first 10-day temporary restraining order typically has a court date scheduled for the day it expires. You must appear in court on that day along with the plaintiff of the restraining order.
It will be decided whether or not the restraining order will be maintained at that court session. Before the judge, both you and the individual who is protected will present your cases. You are welcome to bring legal counsel with you to the hearing. The order is frequently thrown out of court if the individual who filed it fails to appear.
Can I Talk to The Person Who Filed The Order?
You cannot get in touch with someone immediately after they file for a restraining order. If there are issues you need to talk about, you must do it via a third party, such as a lawyer. It’s crucial that you abide by these guidelines to prevent further legal troubles.
Will I Have To Move Out?
Some restraining orders demand that you vacate any home that you share with the person who is being protected. In these circumstances, you must leave right away and just bring what is absolutely necessary, at least until your court appearance.
Restraining orders for dependent adult abuse and domestic violence cannot include this restriction. Other restraining orders may forbid communication with the person who is the subject of the protection or mandate that you remain a specific distance from them.
The various restraining order types specify what you are allowed to do, go, and reside in. Depending on whatever one you get, you might have to relocate.
Does A Restraining Order Go On My Record?
Usually, yes, but not always. Law enforcement officials will be able to see temporary restraining orders when they appear.
A hearing for a permanent restraining order takes place after a temporary restraining order is granted. The restraining order might be rejected at that hearing, in which case it should be removed from your record. However, if a permanent restraining order is issued after the hearing, it becomes a part of your record.
Even restraining orders that should be removed from the system occasionally do. In this situation, you must cooperate with your legal counsel to properly erase the record.
Will A Restraining Order Affect My Job?
Even if the restraining order is entered against you, it probably won’t have an impact on your present or future work. The majority of businesses that run background checks only look for the most serious crimes. Searching for every possible offense a person may have committed is more expensive. Minor problems, including restraining orders, frequently go unnoticed until the employer conducts a thorough search.
Additionally, it depends on whether you are under a civil or criminal restraining order. Background investigations are intended to reveal criminal conduct. There shouldn’t be a civil restraining order present.
However, a criminal history check may prevent you from getting some jobs. A restraining order, for instance, will probably prevent you from getting the job if it requires you to carry a gun or obtain a security clearance.
Do Restraining Orders Affect Gun Rights?
When you are the subject of a criminal restraining order, you are not permitted to own, transport, ship, or purchase weapons. Only in the event that the order is revoked or pardoned do you regain those privileges.
What To Do After A Restraining Order
After obtaining a restraining order, it is important to take steps to ensure your safety and protect yourself from any further threats or harassment. You should inform family members, friends, and coworkers of the restraining order and provide them with a copy if possible. It is also a good idea to change your phone number and any other contact information, as well as vary your daily routines to avoid being followed or tracked. If the restrained person violates the order, you should contact law enforcement immediately and report the incident. Finally, consider seeking counseling or therapy to address any emotional trauma caused by the abuse or harassment. Remember, a restraining order is just one tool to help protect you, and it is important to take other precautions to keep yourself safe.