Does a Restraining Order Go on Your Record? How to Remove It in California
Does a restraining order go on your record in California? This question weighs heavily on individuals facing restraining order proceedings, whether as the protected party or the restrained person. Understanding how restraining orders are documented and their lasting impact is crucial for anyone navigating this legal process. This article examines what appears on your record, the consequences of having a restraining order, and the specific steps you can take to remove it from your record in California.
What Is a Restraining Order in California
A restraining order is a legal order issued by a court that prohibits one person from contacting or coming near another person. Courts issue these orders in various situations to stop harmful behaviors and provide security to victims facing threats, harassment, stalking, or violence.
Types of Restraining Orders
California offers multiple types of restraining orders, each designed for specific relationships and circumstances:
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Domestic Violence Restraining Order: Protects individuals from current or former spouses, romantic partners, or close relatives such as parents, children, grandparents, or siblings. Physical violence is not required; abuse can include verbal, emotional, psychological threats, stalking, harassment, or property destruction.
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Civil Harassment Restraining Order: Applies when the parties are not closely related or have not had an intimate relationship. This covers protection from neighbors, co-workers, roommates, or distant relatives like aunts, uncles, or cousins.
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Elder or Dependent Adult Abuse Restraining Order: Protects seniors over 65 or dependent adults aged 18-64 with physical or mental disabilities from abuse, neglect, abandonment, or exploitation by caregivers or others.
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Emergency Protective Order (EPO): Law enforcement officers request these orders when responding to situations requiring immediate intervention. An EPO provides instant protection and lasts five business days or seven calendar days, whichever is shorter.
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Gun Violence Restraining Order: Police or immediate family members request this order to prohibit someone from possessing firearms, ammunition, or firearm parts when that person poses a threat to themselves or others [2].
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Workplace Violence Restraining Order: Employers file these orders to protect employees from threats or violence in the workplace.
How Restraining Orders Are Issued
The issuance process varies based on urgency. For immediate protection, a petitioner completes specific court forms detailing incidents of abuse or threats. A judge reviews the petition and may grant a Temporary Restraining Order (TRO) without the restrained party present. This ex parte proceeding allows protection first, followed by a court hearing.
Courts grant TROs quickly, often on the same day or by the next business day. The petitioner must provide sworn statements or evidence indicating a credible threat. During this period, the restrained party must be properly served with court papers.
Following the temporary order, both parties attend a scheduled hearing. At this hearing, the petitioner presents evidence to demonstrate the need for long-term protection. Such evidence may include testimony, police reports, medical records, photographs of injuries, threatening texts or emails, and witness statements. The restrained party has the opportunity to defend themselves and present their own evidence and witnesses.
Duration of Different Restraining Orders
Restraining order durations depend on the type issued. Emergency Protective Orders last five business days or seven calendar days, whichever ends first, giving victims time to seek additional legal protection.
Temporary Restraining Orders typically remain in effect for 20 to 25 days until the court holds a hearing for a permanent order. Courts may reissue TROs for additional cycles if proper service fails before the hearing.
After a hearing, a judge can grant a restraining order that lasts up to five years [1]. Domestic violence restraining orders can last up to five years, while civil harassment restraining orders have a default expiration of three years if not specified. If no termination date appears on the order, it will last three years from the date of issuance. Protected persons may request extensions during the last three months before expiration, potentially for another five years or permanently.
Does a Restraining Order Go on Your Record in California
Yes, restraining orders do go on your record in California. Restraining orders are civil actions rather than criminal charges, but they become part of public court records and can affect various aspects of your life.
How Restraining Orders Are Recorded
When a court issues a restraining order, the information enters the California Law Enforcement Telecommunications System (CLETS). This statewide database gives law enforcement agencies immediate access to restraining order details, facilitating quick enforcement across all California jurisdictions. CLETS is not accessible to the general public, meaning private individuals cannot search this database directly.
Beyond CLETS, California also maintains the California Courts Protective Order Registry (CCPOR), a statewide registry for storing data and images of restraining and protective orders. CCPOR provides courts with access to protective orders issued by other courts and helps judicial officers issue non-conflicting orders across departments and counties. The system serves as a gateway for entering orders into the Department of Justice's California Restraining and Protective Order System (CARPOS).
Despite the restricted access to CLETS, restraining orders remain public court records. Anyone can request copies of restraining order documents from the court clerk in the county where the order was issued, though processing fees may apply. Parties involved in restraining order cases can obtain copies of the orders free of charge [3].
What Shows Up on Background Checks
Whether a restraining order appears on a background check depends on the type of check conducted. Basic employment background checks used by most employers typically focus on criminal convictions and will not reveal a restraining order unless you were convicted of violating that order. Many entry-level positions require only these basic checks, meaning a restraining order alone, without accompanying criminal charges, will likely not appear.
Comprehensive background checks tell a different story. Positions requiring high levels of security clearance or trust may involve thorough screenings that reveal restraining orders even when not tied to criminal activity. Federal regulations require disclosure of restraining orders for positions related to law enforcement, education, and childcare. Employers who use specialized background checks that include civil court order searches may uncover restraining orders during their screening process.
Violations of restraining orders carry significant consequences for background checks. If you violate the terms of a restraining order and are convicted of a violation, it will likely show up on any criminal background check.
Temporary vs Permanent Orders on Your Record
Temporary restraining orders and permanent orders have different impacts on your record. TROs typically last up to 25 days until a court hearing takes place. If the court does not grant a permanent order after the hearing, the temporary order is removed from your record. Emergency restraining orders or TROs that expire without conversion to permanent orders are removed and unlikely to appear on future checks.
Permanent restraining orders carry more weight. Courts heard evidence from both parties before issuing these orders, making them more significant on your record.
How Long Does It Stay on Record
The duration a restraining order stays on your record depends on its type. Permanent restraining orders typically last between three to five years. Once issued, the record of the order remains indefinitely unless you take action to remove it. In most cases, restraining orders in California cannot be expunged or sealed, and even after they expire, the existence of the order remains part of the court record.
Consequences of Having a Restraining Order on Your Record
Having a restraining order on your record creates substantial obstacles across multiple areas of life. The consequences extend beyond legal restrictions and can affect your career, housing options, professional credentials, immigration status, and constitutional rights.
Employment and Job Applications
Restraining orders can limit employment opportunities, particularly for roles requiring background checks. Security-sensitive positions scrutinize these orders closely, including law enforcement, childcare, and finance roles. Employers may view a restraining order as a potential liability when hiring for these positions.
Federal regulations require disclosure of restraining orders for positions related to law enforcement, education, and childcare. Positions requiring firearm use, such as military roles, are negatively affected if the restraining order specifies firearm restrictions. Since restraining orders remain part of public court records, employers conducting civil court order searches during comprehensive background checks may discover them.
Housing and Rental Applications
Landlords frequently conduct tenant background checks that include civil court records. A restraining order may raise concerns about potential conflicts, as landlords view these orders as indicative of personal disputes or legal troubles that could disrupt other tenants. Safety risks associated with restraining orders, especially those involving domestic violence, make landlords cautious when evaluating rental applications.
Although California law prohibits housing discrimination based on specific factors, restraining orders can still indirectly influence landlord decisions.
Professional Licenses and Certifications
Professional licenses face jeopardy when restraining orders appear on your record. Licensing boards in healthcare, law, and education review restraining orders during their vetting process, particularly for professions requiring high ethical standards. Many state licensing boards consider domestic violence a crime of moral turpitude, which may warrant disciplinary actions.
License discipline is not automatic. California Business & Professions Code 480 BPC allows licensing boards to deny or suspend licenses for convictions substantially related to professional qualifications, functions, or duties. Healthcare professionals such as doctors, nurses, and therapists, along with attorneys and teachers, face potential suspension or revocation of their licenses. Licensing boards maintain self-reporting requirements for criminal convictions, and failing to report can itself be grounds for disciplinary action.
Immigration Status
For restrained persons, immigration consequences can be severe. Restraining orders may cause delays or denials on green card or visa applications, complications in naturalization processes, increased deportation risk, and loss of immigration benefits. USCIS assesses moral character and admissibility, viewing restraining orders as evidence of violent or threatening behavior.
Violating a restraining order can trigger removal proceedings. Domestic violence-related incidents that impact immigration include domestic battery, corporal injury on a spouse, child abuse, stalking, and violations of restraining orders.
Firearm Rights
When a judge grants a restraining order, the restrained person cannot have or own firearms, ammunition, firearm parts, or body armor. This prohibition includes handguns, rifles, shotguns, assault weapons, ghost guns, receivers, frames, bullets, shells, and all bullet-resistant material. The restrained person must properly turn in or sell these items to a licensed gun dealer or law enforcement, who must sign a form stating what was surrendered [2].
How to Remove a Restraining Order From Your Record in California
California law provides a formal pathway to modify or terminate restraining orders before expiration, though removal is not the same as expungement. Both the protected party and the restrained person can file a request [3].
Step 1: Determine If Removal Is Possible
In most cases, restraining orders in California cannot be expunged or sealed. Even after they expire, the existence of the order remains part of the court record. However, you can request termination or modification before the expiration date. Rare exceptions exist if the restraining order was based on false information and you can present new evidence demonstrating misconduct by the petitioner. The restrained party must show a significant change in circumstances, compliance with all court orders, no ongoing threat, and completion of required programs. The protected party must demonstrate they no longer feel afraid and the order is unnecessary.
Step 2: Gather Evidence and Documentation
Courts need proof that circumstances have materially changed since the order was issued. Gather completion certificates from domestic violence counseling or anger management programs, positive co-parenting records, proof of no police contact, letters from counselors or therapists, and any communication from the protected person if appropriate.
Step 3: File a Motion to Terminate or Modify
Complete Form DV-300 (Request to Change or End Restraining Order) along with Form DV-310 (Notice of Court Hearing). File these documents with the court clerk in the county where the order was issued. For modifications involving child custody or visitation, attach Form DV-305. You must serve the other party with copies of all filed forms. The restrained party cannot serve papers themselves and must use personal service for the protected party.
Step 4: Attend the Court Hearing
Both parties may present evidence and testimony at the hearing. The judge will ask questions to determine whether the restraining order remains necessary and whether any coercion exists. Courts scrutinize requests with particular attention to safety concerns.
Step 5: Obtain the Court Order
If the judge terminates the order, Form DV-400 (Findings and Order to Terminate Restraining Order After Hearing) is completed. The court transmits the termination order to law enforcement to remove it from CLETS. For modifications, an updated restraining order reflects the changes.
What Happens If You Violate a Restraining Order
Violating a restraining order triggers serious criminal consequences in California. Courts treat these violations as separate offenses from any underlying case that led to the restraining order's issuance.
Criminal Charges for Violations
California Penal Code 273.6 PC makes it illegal to violate any protective order. To convict you of violating a protective order, prosecutors must prove a court lawfully issued a protective order, you knew about the protective order, you were capable of obeying the protective order, and you willfully violated it. The violation is criminal even if the protected person asks to meet with you.
Penalties and Jail Time
A first-time violation is charged as a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000. Courts may order additional payments up to $5,000 to appropriate shelters or require compensation for expenses like counseling. If the violation causes physical harm, you face a minimum of 30 days in jail and fines up to $2,000.
Second violations involving violence become wobbler offenses, chargeable as misdemeanors or felonies. Felony penalties include 16 months, 2 years, or 3 years in jail and fines up to $10,000.
Impact on Your Criminal Record
Violations appear on criminal background checks. Following completion of probation or jail time, you may seek expungement.
Conclusion
Restraining orders unquestionably leave a lasting mark on your record in California, affecting employment, housing, and professional opportunities. Understanding what goes on your record and how long it stays there helps you navigate this challenging legal territory.
By the time you've gathered proper documentation and followed the legal steps outlined above, you can request removal through the court system. Remember, compliance with all order terms and demonstrating changed circumstances are your strongest tools for termination.
So long as you take action proactively and seek legal guidance when needed, you can work toward resolving the restraining order's impact on your future.
References
[1] – https://selfhelp.courts.ca.gov/CH-restraining-order
[2] – https://selfhelp.courts.ca.gov/restraining-orders/prohibited-items
[3] – https://selfhelp.courts.ca.gov/DV-restraining-order/change-end
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Yuliya Kelmansky is an Expert Attorney who has over 10 years of practice defending a variety of cases.
