If you have been harassing, hurting, or threatening to hurt someone, that person may contact a Los Angeles family court lawyer to issue a restraining order in California to get you to stay away from them. These orders often accompany child visitation disputes and divorce.
The conditions of the restraining order will depend on the state where it’s issued, the judge that issues it, and the circ*mstances surrounding its filing.
It’s common for restraining orders to dictate how close the offender can get to their victim and whether or not they can contact them. The order may direct the offender to surrender any firearms.
Someone who is the subject of a restraining order may wonder how much that piece of paper will affect their life outside of their relationship with the victim. Restraining orders are a part of civil court, but they can still end up on a criminal record.
Will a Restraining Order End Up on My Record?
Restraining orders are often accompanied by domestic violence charges, which are criminal charges that will end up on your criminal record. If you choose to violate the terms of your restraining order, this is an additional charge that will also be on your criminal record.
By itself, the restraining order is part of someone’s public record in the state of California, and someone could access it by requesting a copy from the court clerk of the county where the order was issued and by paying any associated fees.
Those who have restraining orders taken out against them are often concerned about what aspects of their life it will affect. If someone is looking into your background for employment, probation, or immigration reasons, the restraining order may put a roadblock in your plans. Our family court lawyers in Los Angeles explain more below.
Will a Restraining Order Affect the Job Search?
Some, but not all, employers do background checks on those who apply to their job postings. While a restraining order is on someone’s public record, it’s not guaranteed that your employer will see this indiscretion.
A lawyer for restraining orders in California will tell you that an employer who is running a criminal background check is monitoring for serious criminal activity like theft. A restraining order will not necessarily show up unless they are hiring for a job that requires someone to carry a gun or have security clearance, then the restraining order may get in the way of employment.
For a job that requires the use of a gun, such as in the military, a restraining order can negatively affect employment if it specifies that you cannot own a firearm.
Restraining orders issued with the help of a Los Angeles domestic violence attorney last for a maximum of five years, so an expired order will most likely not appear on a background check.
Will a Restraining Order Affect Immigration Status?
The United States has strict eligibility requirements regarding who can be in the country on a green card and who can become a naturalized citizen. An immigrant’s status in the country is dependent on a few factors, one of which is their behavior.
If an immigrant violates the terms of their restraining order or has domestic violence charges filed against them, there’s not much a restraining order lawyer in Los Angeles can do if it results in a conviction. Being convicted of a crime of moral turpitude such as domestic violence will result in the deportation of an immigrant.
Will a Restraining Order Affect Probation?
When someone is on probation, they must be careful to be a law-abiding citizen. Simply having a restraining order will not affect probation, but the charges often associated with restraining orders in California may put their probation at risk.
If they violate a restraining order, then this may result in a felony offense. No matter the terms of a person’s probation, committing a felony crime will result in a violation of probation.
About Our Firm
The Law Offices of Nigel Burns is a law firm for family issues, like those surrounding marriage, divorce, and adoption. These are personal matters, so it’s natural to become emotionally invested in your civil lawsuit; our attorneys can handle the legal process to minimize any stress that you may feel. Our attorneys are experts in civil litigation, ensuring that your lawsuit brings you the most favorable results. Our attorneys can help litigate:
- Restraining orders
- Divorce
- Child support
- Child custody
- Property division
- Trust and probate litigation
Our attorneys can also help you pursue compensation if you were in an accident and need to sue for damages. If you suffered a car wreck, bike accident, or were hit by a car as a pedestrian, we can get your personal injury lawsuit started. Our offices are located across greater Los Angeles, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.
