If you've been served with a protective order in California, you might wonder, "How long does a restraining order stay on your record?" The answer depends on the type of order and the circumstances surrounding your case.
The Law Offices of Evan E. Zelig P.C. wants to help you understand the different types of restraining orders, the potential long-term impact on your life, and how a criminal defense lawyer might be able to help you mitigate the effects of a restraining order on your record.
When Can Someone File A Protective Order Against Me?
Restraining orders protect people from harm or the threat of harm. To issue an order, a judge must believe there's enough evidence to justify it. This means the person filing the order, called the "petitioner," must present facts that show they are being harassed, threatened, or abused.
The most common reasons a California restraining order may be issued include:
- Domestic Violence: Filed against someone with whom the petitioner has a close relationship, like a spouse, partner, or co-parent.
- Civil Harassment: Used in cases involving non-relatives, such as a neighbor or distant acquaintance.
- Workplace Violence:– Aimed at protecting employees from violence or threats while at work.
- Elder or Dependent Adult Abuse: Issued to protect seniors or vulnerable adults from abuse or neglect.
These orders can drastically change someone's daily life, restricting where they can go and who they can contact.
How Long Does A Restraining Order Stay On Your Record?
The duration of an order on your record hinges on its type and whether it is temporary or permanent:
- Temporary (TROs): These last a short time, usually up to 25 days, until a court makes a more permanent decision. The TRO is removed from your record if the court does not grant a permanent order.
- Permanent (PROs)– Despite the name, these orders typically last between three to five years, and sometimes up to ten years depending on the circumstances. Once issued, the record of the order remains indefinitely unless you take action to remove it.
All protective orders are entered into the California Law Enforcement Telecommunications System (CLETS). While CLETS is not accessible to the public, it provides law enforcement with immediate access to ensure orders are enforced.
What Happens If I Violate a Restraining Order?
Violating the order can escalate a civil matter into a criminal one. Even accidental violations can result in significant consequences. California law takes these violations seriously, with penalties that may include:
- Misdemeanor Charges – Up to one year in jail and fines up to $1,000 for a first offense.
- Felony Charges – For repeat offenses or violations involving violence, penalties can escalate to up to three years in prison and fines reaching $10,000.
Additional consequences could include attending counseling sessions or restrictions on firearm ownership. Violating a TRO or PRO risks criminal charges and can make it tougher to remove the original order from your record.
How Do Restraining Orders Affect Your Life?
These orders can create challenges that follow you for years. The severity of these challenges can depend on your specific case, but common issues include:
- Employment Barriers: Potential employers often conduct background checks. A TRO or PRO appearing on your record may raise concerns about workplace safety, limiting job opportunities.
- Housing Issues: Landlords frequently check tenant backgrounds. A restraining order could reduce your options or result in application denials.
- Family and Relationships: Certain orders can limit your ability to see children, visit shared spaces, or maintain other relationships.
Because the issuance of these orders are civil matters, they can appear on public records searches. The order may also appear during thorough background checks, potentially affecting many aspects of your personal and professional life.
How Can A Lawyer Help After Being Served A Protective Order?
Fighting a restraining order can feel overwhelming. However, you have options, and a lawyer can help you understand the best course of action for your case through:
- Legal Guidance: They can explain the legal implications of your specific order, helping you understand what is at stake.
- Defending Against False Claims: If someone filed the order based on false accusations, a lawyer can help present evidence and witnesses to dispute the claims.
- Petitioning for Record Removal: For permanent orders, legal assistance might help contest extensions or navigate procedures to reduce the long-term impact on your record.
Being proactive and having representation during hearings may increase your chances of avoiding a permanent order—or mitigating its consequences.
How Do You Get a Restraining Order Removed From Your Record?
With the help of an experienced criminal defense attorney, you can take the necessary steps to clear your record and minimize the long-term consequences.
Steps to removing an order from your record typically include:
- File a Motion with the Court: The first step is to submit a formal motion to the court that issued the order.
- Provide Evidence to Support Your Case: You'll need to demonstrate that the circumstances leading to the order are no longer relevant. Examples of evidence include proof of behavioral changes, dispute resolution, or a significant passage of time without further incidents.
- Ensure Proper Documentation: Legal filings are detail-oriented, with strict deadlines and documentation requirements. Missing even one critical element could delay your case or lead to denial.
- Attend Your Hearing: The court will schedule a hearing where you must state your case. This is your opportunity to explain why the order is no longer necessary.
- Work With a Lawyer to Strengthen Your Arguments: Not all motions are straightforward. An experienced attorney can examine your case, align it with legal standards, and maximize your chances of getting the order removed.
Clearing a temporary or permanent protective order from your record requires careful planning. The process may become overwhelming without professional assistance, increasing the risk of mistakes that could prolong your challenges.
The Law Offices of Evan E. Zelig P.C. | Criminal Defense Attorneys Ready To Fight For Your Rights
The Law Offices of Evan E. Zelig P.C. is committed to guiding clients through protective order challenges. Whether you've been hit with an order you feel is unjustified or need help defending against its violations, we can work with you every step of the way.
If a restraining order is impacting your life, take the first step toward resolution today. Contact our criminal defense law firm online or at (707) 636-3204 to discuss your options so we can help you regain control of your future.