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If you have been accused of harassment, violence, threats, stalking, or other forms of abuse, you may be issued a restraining order in California. A restraining order, sometimes called a protective order, is a court order that protects individuals from abuse.
Laws and procedures regarding restraining orders in California are constantly evolving. The state legislature regularly reviews and updates these laws to address emerging issues.
Will a restraining order go on my record in California? You may ask. By learning how a protective order affects your record in California, you can understand your rights and protect yourself better.
What are the Different Types of Restraining Orders?
In California, different types of restraining orders can be issued based on the circumstances and relationship between the parties involved. The most common ones include:
- Domestic violence restraining order: This protective order is designed to protect persons who have experienced abuse from a spouse, ex-spouse, or a person whom the victim is dating or has a child with.
- Workplace violence restraining order: The order protects an employee from any form of abuse at the workplace.
- Civil harassment restraining order: This is designed to prevent violence, threats, and harassment from non-intimate partners or non-relatives, such as neighbors or acquaintances.
- Elder or dependent restraining order: This type of restraining order protects seniors aged 65 years and above or dependent adults with specific disabilities from abuse.
Do Restraining Orders Go on Your Record?
Typically, restraining orders will be entered into your record in California. However, the extent to which it can impact your record depends on a number of factors, including the circumstances of the case, the type of the restraining order, and whether you breach the order.
Once a restraining order is served, the details are entered into the California Law Enforcement Telecommunications System (CLETS). The information may appear in certain background checks, allowing law enforcement agencies and other authorized entities to access it, which can help enforce the order.
What are the Consequences of Having a Restraining Order on Your Record?
There are many potential consequences of having a restraining order on your record. They include:
- Loss of certain rights: Based on the specifics of your restraining order, you may lose some essential rights, such as the right to possess firearms, access to shared properties, or even visitation rights for children.
- Employment: Some employers may perform background checks when hiring, and the presence of a restraining order may question your ability to maintain a safe and secure work environment.
- Professional licenses: A restraining order may impact your ability to maintain or receive certain professional licenses and certifications.
- Housing: Having a restraining order may prevent you from securing rental housing since landlords run background checks on prospective tenants.
Contact The Law Office of Elliott Kanter Today
Contacting a restraining order defense attorney can help you determine how the restraining order impacts your record in California. Call (619) 231-1883 to schedule a free consultation with San Diego restraining order defense attorney, Elliott Kanter.
