You must keep a distance between yourself and that protected party until the order expires, and you cannot contact them through intermediaries such as friends. A general criminal background check, like those done by employers, should not show a restraining order, as that is a civil matter.
However, more in-depth criminal background checks, like those done for the military or security clearance, will show a restraining order issued against you. Even expired orders may appear in those more in-depth checks. For general checks, however, it should not show.
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Therefore, if you are applying for a lease, the landlord may not see that restraining order. However, there are instances where that civil restraining order will show on a criminal background check, and it is imperative you understand the situations where this applies and how it may affect you. Sometimes, a protective order is issued in tandem with criminal charges. Therefore, if you have pending criminal charges against you, the background check would reveal those charges and the outcome of the case if it resolves.
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The arrest would also show on a criminal background check. Therefore, you may not get convicted. But if you were arrested, it will show on the background check and that may impact your ability to get a job, seek military service enlistments, or even qualify for some rentals in the area.
Therefore, if the restraining order was filed and there are no criminal charges along with it, the moment you violate it, you now have a criminal record. The terms of a protective order are very clear — especially as to what you can and cannot do. Therefore, you should read it carefully and hire an attorney to explain your rights once one has been issued. Even if you disagree with it, or you know it was placed unfairly as means of retribution, you cannot violate the protective order.
Doing so can negatively impact you the rest of your life. If you are pulled over and the officer runs a check on you, the restraining order will show up, whether permanent or temporary. Past restraining orders may stay in their system as well — even when they expire. When getting a firearm, a restraining order will appear on that background check. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active.
Once the restraining order is removed, you would then be able to purchase a firearm again. It is in your best interest to hire an attorney if someone has placed a restraining order against you. If someone files one against you, the next steps you take could impact you for the rest of your life. Usually, you will have a temporary restraining order first.
In that order, you will also have a hearing notification. The hearing is your opportunity to prove that the restraining order is unnecessary. The party that was granted the order, known as the petitioner in court, had filed the forms with your district court to receive it.
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The judge grants it without you present, and you only hear about the protective order once it is in place. The order is then effective the moment it is signed, and you are served a copy, typically by the sheriff. You can contest that order, but you only have so many days to do so.
That is why you must hire an attorney so that you can contest the order in time, and present your case to the court showing why the order was granted unfairly. However, the person who filed the order can choose to file criminal charges against you as well, such as charging you with domestic violence.
Most states give the protected person a year to file criminal charges after a restraining order goes into effect.
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However, the police can also choose to file charges without the protected person. At the hearing, you have a few choices. First, you can admit that the allegations are true and accept your conviction. However, you can also agree to your conviction without admitting guilt on the record. Finally, you can have the restraining order tried by a judge if you hope to get it pardoned or overturned. The initial temporary restraining order usually lasts 10 days, with a court date set on the day it expires. On that date, you and the person filing a restraining order both need to come to court.
At that court hearing, it will be decided whether the restraining order will continue or not. You and the protected person will both make your case before a judge. You can and should bring a lawyer to the hearing. If there are things you need to discuss, you need to go through a third party like a lawyer. Some restraining orders require you to move out of any residence you share with the protected person.
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In these cases, you must leave immediately and take only essentials with you, at least until your court hearing. Only domestic violence and dependent adult abuse restraining orders can have this requirement. Other restraining orders can require you not to contact the protected person or to keep a certain distance away from them. The different types of restraining orders govern what you can do, where you can go or where you can live. Whether you have to move depends on which one you get. However, after a temporary restraining order is issued, a permanent restraining order hearing follows.
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At that hearing, the restraining order could get denied, which means it should be expunged from your record. But if the hearing results in a permanent restraining order, it goes on your record. But even restraining orders that should be expunged sometimes stay in the system longer. In this case, you must work with your legal counsel to get the record properly expunged.