A restraining order can have serious consequences that go far beyond keeping two people apart. Many people do not realize how significantly it can impact their criminal record, employment prospects, and daily life. Understanding what a restraining order actually does, and does not do, to your record is critical if one has been filed against you.
What Is a Restraining Order, and How Is It Issued?
A restraining order is a legal directive issued by a court that requires one person to stay away from or stop contacting another. It is commonly requested in situations involving domestic violence, harassment, or stalking. Courts can issue temporary orders quickly, sometimes within hours of a request, without the other party present.
In New Mexico, the process for obtaining a restraining order involves submitting evidence to the court showing that abuse, harassment, or credible threat has occurred. Understanding how this process works matters whether you are seeking one or responding to one filed against you.
Does a Restraining Order Automatically Show Up on a Criminal Record?
This is one of the most misunderstood aspects of restraining orders. A civil restraining order by itself is not a criminal conviction and does not automatically appear on a standard criminal background check. However, the situation is more complicated than a simple yes or no.
According to Cornell Law School’s Legal Information Institute, restraining orders are civil court orders, meaning they are processed through the civil court system rather than the criminal one. This distinction matters significantly when it comes to background checks and public records.
That said, restraining orders do appear in civil court records, which are publicly accessible in most states. Many employers, landlords, and licensing boards conduct searches that go beyond standard criminal background checks and can uncover civil court filings.
When a Restraining Order Becomes Part of Your Criminal Record
Violating the Order
The most direct way a restraining order leads to a criminal record is through violation. If the person named in the order contacts the protected party, shows up at a restricted location, or violates any of the court’s conditions, they can be arrested and charged with a criminal offense.
A conviction for violating a restraining order creates a permanent criminal record. Depending on the state and circumstances, it can be charged as a misdemeanor or felony.Underlying Criminal Charges
Restraining orders are often filed alongside or following criminal complaints. If the same incident that prompted the restraining order also resulted in an arrest for domestic assault, harassment, or stalking, those criminal charges appear directly on a criminal record regardless of the civil order’s status.
Federal Firearms Restrictions
Under federal law, individuals subject to certain domestic violence restraining orders are prohibited from purchasing or possessing firearms. According to the Bureau of Justice Statistics, this restriction applies even when no criminal conviction has occurred. Violating this federal prohibition is itself a serious criminal offense.
How a Restraining Order Can Impact Your Life Beyond Your Record
Even without a criminal conviction, a restraining order can affect multiple areas of your life.
Employment: Many professional licenses and government positions require disclosure of civil court orders. Background screening companies that pull civil records may flag an active restraining order to a potential employer.
Child Custody: Family courts treat restraining orders as significant evidence when determining custody arrangements. An active order can substantially limit parental rights and visitation.
Housing: Landlords who run comprehensive background checks may see civil court filings, making it harder to secure rental housing.
Immigration Status: For non-citizens, a restraining order, especially one connected to domestic violence, can have serious immigration consequences, including deportation proceedings.
Steps to Take If a Restraining Order Has Been Filed Against You
- Read the order carefully and understand every condition listed; ignorance of the terms is not a legal defense.
- Comply immediately with all restrictions, even if you believe the order is unjust.
- Hire an attorney experienced in restraining order defense before your court hearing.
- Gather evidence, including messages, witnesses, and documentation that supports your side of the events.
- Attend all scheduled court hearings; missing a hearing typically results in a permanent order by default.
- Request a formal hearing to contest the order if you believe it was filed without sufficient grounds.
Key Takeaways
- A civil restraining order is not automatically a criminal conviction but can still appear in public court records.
- Violating a restraining order results in criminal charges that go directly onto your criminal record.
- Federal law prohibits firearm possession for individuals subject to certain domestic violence restraining orders.
- Restraining orders can affect employment, child custody, housing, and immigration status even without a conviction.
- Underlying criminal charges filed alongside a restraining order appear on your criminal record independently.
- Attending your court hearing and hiring legal representation are the most important steps if an order is filed against you.
- Understanding the difference between civil and criminal records is essential to knowing how a restraining order truly affects you.
