There are several ways that a restraining order might affect your record. Learn about the impact of a restraining order here!
It’s estimated well over a million restraining orders go into effect each year. Do you know how a restraining order can affect your life?
The better you understand the process, the more you know what to expect, and how to stay out of legal trouble.
In this guide, we’ll help you understand if a restraining order will affect your record and answer other questions you might have.
Who Can Get a Restraining Order?
Technically, anyone who is or has been a member of your household can file a restraining order for domestic violence.
People don’t need to be related to you by blood or marriage to get a restraining order against you. They can also be the person you share a child with or you dated, for example.
Are Restraining Orders Criminal Charges?
Restraining orders aren’t necessarily criminal charges. 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. However, the police can also choose to file charges without the protected person.
For example, they’ll file charges if they find evidence, like an injury on the protected person or a weapon that was used.
What Happens at the Hearing?
At the hearing, you have a few choices. It’s important to consult with a lawyer before deciding which one you’ll take.
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.
How Long Do Restraining Orders Last?
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 the person who filed the order doesn’t show up to court, the order often gets dismissed.
Can I Talk to the Person Who Filed the Order?
Once someone files a restraining order, you can’t contact them directly. If there are things you need to discuss, you need to go through a third party like a lawyer.
It’s very important to follow these rules so you don’t face further legal issues.
Will I Have to Move Out?
Some restraining orders require you to move out of any residence you share with the protected person. 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.
Does a Restraining Order Go on My Record?
Usually yes, but sometimes no.
Temporary restraining orders will appear so law enforcement officers can see it.
However, after a temporary restraining order is issued, a permanent restraining order hearing follows. 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.
Will a Restraining Order Affect My Job?
Even if the restraining order goes on your record, it likely won’t affect your current or future employment.
Most employers who conduct background checks only check for the most serious crimes. It costs more to search for every possible crime a person might have committed. Minor issues, like restraining orders, often won’t show up unless the employer does an exhaustive search.
It also depends whether you have a criminal or civil restraining order. Background checks are meant to show criminal activity. A civil restraining order shouldn’t show up.
A criminal background check will get in the way of some jobs, though. For example, if your job would require you to carry a firearm or get a security clearance, a restraining order will likely keep you from getting the position.
Do Restraining Orders Affect Gun Rights?
You lose the right to possess, transport, ship or buy firearms when you have a criminal restraining order against you. You get those rights back only if the order is expunged or pardoned.
What to Do After a Restraining Order
If someone files a restraining order against you, the next steps are crucial. You won’t automatically know what to do – you need a lawyer to help you get through this difficult time. Looking for a lawyer with the experience you need? We can help. Call (402) 415-2525 today.
State of Nebraska Protection Order Resources
More facts and information about restraining orders in the State of Nebraska below.
Responding to Protection Order
Types of Protection Orders