If you're accused of domestic violence or a sex crime in California, there's a high chance you'll be served with a restraining order. 

This legal step helps protect the victim by restricting the accused's actions. Such an order can lead to questions about whether it becomes part of the public record and how it might affect background checks.

A restraining order is a civil measure and not a criminal charge, but it becomes part of the public court record. As a result, depending on the specific conditions and the type of background check performed, restraining orders may sometimes appear, though not always.

These orders, often called protective, no-contact, or stay-away orders, are issued when a court determines that a person should have no contact with another individual. They are usually related to domestic violence cases.

If a person, like a spouse, has caused injury, threatened harm, stalked, harassed, or bothered someone, the court can issue a restraining order to prevent any contact.

Typical Example

A typical example is in cases of sexual battery, where a husband might injure his wife during an argument. The restraining order itself is not a criminal offense; however, violating it can lead to a misdemeanor charge.

The most common restraining orders in Los Angeles County are civil harassment and domestic violence restraining orders. Civil harassment orders apply in many situations, including threats, violent acts, and harassment.

Domestic violence restraining orders are issued in cases where the accused exhibits violent behavior, makes threats, harasses, or stalks. 

What Exactly is a Restraining Order?

A restraining order, or protective order, is a court-issued directive that prevents someone from engaging in violence, sex crimes, or harassment.

In sexual-related cases, it helps shield the victim by limiting the accused's actions, such as forbidding contact, requiring them to stay a specific distance from the victim's home or job, or possibly ejecting them from a shared residence. 

In California, the primary types of restraining orders are:

• Emergency Protective Orders (EPOs): Typically issued by law enforcement or judges in urgent cases, usually valid for up to seven days.
• Temporary Restraining Orders (TROs): These are granted by the court at a victim's request and remain in effect until a hearing decides if a permanent order is needed.
• Permanent Restraining Orders: Can last up to five years following a court hearing.
• Criminal Protective Orders (CPOs): In cases of domestic violence, the district attorney automatically prosecutes.

Other types of restraining orders include elder abuse restraining orders and workplace violence restraining orders. Violating these orders could lead to contempt of court under California Penal Code 166 PC.

As mentioned, these protective orders can be issued in emergencies and may be either temporary or permanent.

Violating a Restraining Order

Violating a protective, restraining, or stay-away order under Penal Code 273.6 PC carries stricter penalties than other forms of criminal contempt.

Essentially, PC 273.6 makes it a crime for anyone to breach the conditions of a court-issued protective order, restraining order, or stay-away order.

PC 273.6 says, "(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment."

What Does Reporting of Restraining Orders Involve?

In California, restraining orders are recorded in the statewide California Law Enforcement Telecommunications System (CLETS). This allows law enforcement agencies throughout the state to access restraining order details instantly, enabling swift enforcement.

The CLETS does not directly access public databases or commercial background check services. However, a restraining order can still affect background checks through other means.

For instance, if an arrest related to an assault to commit a felony incident that resulted in a restraining order occurs, this arrest record would likely appear in most background checks.

The Effect of Restraining Orders on Background Checks

Whether a restraining order appears on a background check in California depends primarily on the type of check being conducted.

Since a restraining order is a civil order rather than a criminal conviction, it usually does not appear on a criminal background check, though violating it can lead to criminal charges. 

Therefore, standard background checks, like those used by most employers, generally won't show a restraining order unless there's a conviction for violating it.

More thorough checks, especially for roles needing security clearance or trust, might reveal restraining orders via detailed judicial record searches.

Federal regulations also require disclosure of restraining orders for positions in law enforcement, education, and childcare. Employers often conduct specialized background checks, including searches for civil court orders like restraining orders, in these cases.

When a Restraining Order is Unlikely to Appear

• Basic Criminal Background Checks: Many entry-level positions only require checks that focus on criminal convictions. In such cases, a restraining order alone, without any associated criminal charges, probably won't be recorded.
• Expired Temporary Restraining Orders: If you are served with an ERO or TRO that is set to expire and is not converted into a permanent restraining order, it is removed from your record upon expiration and is unlikely to appear.
• Jurisdictional Limits: Certain background checks may only include records from a specific jurisdiction, possibly excluding out-of-state restraining orders unless they are entered into national databases.

When a Restraining Order is More Likely to Appear

• If you violate a restraining order and are convicted, it will probably appear on your criminal background check.
• Positions demanding high security clearance or trust might require extensive screenings, potentially uncovering restraining orders even when unrelated to criminal behaviors.
• Jobs regulated by federal rules requiring disclosure will need checks that specifically include searching for restraining orders.
• Landlord Background Checks: If a landlord conducts more than a basic criminal background check and requests civil court orders from the courthouse, they might uncover the restraining order.

Get in touch with our California sex crime defense attorneys for additional details. The Hedding Law Firm is located in Los Angeles, CA.