Understanding the implications of a restraining order is essential for anyone involved in such legal proceedings. Knowing whether a restraining order appears on your record can help you navigate the situation more effectively.
What is a restraining order?
A restraining order, also known as a protective order, is a legal order issued by a court to protect individuals from abuse, stalking, harassment, or threats. It ensures the safety of the petitioner and restricts the behavior of the person it’s issued against.
Types of restraining orders
There are two main types of restraining orders. Someone may receive a temporary restraining order (TRO) until a court hearing. An injunction is a longer-term order issued after a court hearing, and it can last up to four years or longer in some cases.
Impact on your record
TROs don’t go on your permanent criminal record. However, the Wisconsin Circuit Court Access (WCCA) system stores records accessible to the public. An injunction is also recorded in the WCCA system. While it does not constitute a criminal conviction, it is a public record.
How restraining orders affect background checks
Potential employers can see restraining orders during background checks, which may affect job prospects. Landlords might access this information and use it to make decisions about rental applications. Aside from this, anyone can search the WCCA system and view restraining order records.
Steps to take when someone files a restraining order against you
If someone files a restraining order against you, it’s important to take these actions:
- Attend all court hearings. It is crucial to be present at all scheduled court dates to present your side of the story.
- Understand the terms. Make sure you fully understand and comply with all terms of the restraining order to avoid further legal issues.
- Seek legal advice. Consulting with a legal professional can provide guidance and help you navigate the process.
By doing this, it’s possible to minimize the impact of a restraining order.
While a restraining order itself is not a criminal conviction, its presence in public records can have significant impacts on various aspects of life. Being informed and proactive in addressing the situation can help mitigate potential negative consequences.
