Restraining orders are legal documents that aim to protect individuals from harassment, threats, or abuse. They are court orders that require a person to stay away from another individual, their home, workplace, or school. The duration of a restraining order can vary, depending on the type of order and the state where it was issued. In this article, we’ll answer the question, “How long does a restraining order stay on your record?”
Types of Restraining Orders
Before we dive into the duration of a restraining order, let’s discuss the different types of orders available.
Emergency Protective Orders
Emergency Protective Orders (EPOs) are temporary orders that last for a few days, usually three to seven. They are issued by the police or a judge to protect individuals from immediate danger or harm. EPOs are typically issued after someone reports domestic violence or abuse.
Temporary Restraining Orders
Temporary Restraining Orders (TROs) are also temporary orders that last for a few weeks, usually 10 to 21. They are issued by a judge to protect individuals from abuse, harassment, or threats. TROs are typically issued after someone files a petition for a restraining order and the judge believes there is a reasonable cause to grant the order.
Permanent Restraining Orders
Permanent Restraining Orders (PROs) are court orders that last for several years, usually one to five. They are issued by a judge after a hearing where both parties can present evidence and argue their case. PROs are typically issued when the judge believes that the petitioner has proven their case and that the respondent poses a threat to the petitioner’s safety.
How Long Does a Restraining Order Stay on Your Record?
Now that we’ve covered the different types of restraining orders, let’s answer the main question: “How long does a restraining order stay on your record?”
The answer depends on the type of restraining order issued. EPOs and TROs are temporary orders, which means that they will expire after the specified duration. Once they expire, they will no longer be in effect, and they will not appear on your record.
PROs, on the other hand, are permanent orders that can last for several years. While they are not technically on your criminal record, they are on your civil record. This means that they can show up in background checks for certain jobs, housing applications, or professional licenses. PROs can have significant consequences, such as limiting your ability to own firearms or visit certain places.
Can You Get a Restraining Order Removed from Your Record?
If you have a PRO on your civil record, you may wonder if it’s possible to get it removed. The answer is yes, but it’s not easy. You will need to file a motion with the court that issued the order and provide evidence that the order is no longer necessary. You may need to show that the respondent is no longer a threat to you or that you have reconciled. The court will then decide whether to grant your motion and remove the order from your record.
Conclusion
In conclusion, the duration of a restraining order depends on the type of order issued. EPOs and TROs are temporary orders that will expire after a few days or weeks, and they will not appear on your record. PROs are permanent orders that can last for several years and can show up on your civil record. If you have a PRO on your record, you may be able to get it removed by filing a motion with the court. If you need assistance with filing a motion or understanding your legal options, it’s recommended to consult with an experienced attorney.
