Legal Question in Civil Litigation in California
TRO on permanent record?
I recently went to court as the respondent to a TRO. The judge did not grant an extension because the claimant did not have enough proof of her claim. I have no criminal record of any kind and I am worried about the TRO being made available to future employers/landlords who might do a background check. Will the TRO show up or become part of my permanent record?
Thank you.
4 Answers from Attorneys
Re: TRO on permanent record?
A restraining order is civil. When a restraining order has been granted, for exampe for domestic violence, it is entered into what is known as the CLETS system. This is an electronic database that all law enforcement have.
I had an ex that obtained a restraining order against me while I was deployed overseas when I was in the Navy. When I returned, I was pulled over for speeding, and the restraining order appeared, and I was held in handcuffs until the officers could determine whether or not I was violating the restraining order.
If your opponent obtained the ex parte version, but it was not extended, it may not have been entered into the CLETS system. This does not mean, however, that it is not a matter of court record, which are generally open to public inspection.
A good private investigator could find the TRO, if they knew what to look for and how to search. My advice is to be open about it in the future if it is a question asked by an employer, such as a State agency, or healthcare provider.
Very truly yours,
Re: TRO on permanent record?
A temporary restraining order is not a criminal conviction that would normally be on your record. Our CA attorney can advise you more fully for a reasonable fee.
Re: TRO on permanent record?
All court proceedings are 'permanent', but if the RO was not made permanent, it doesn't show as a court order and thus a black mark.
Re: TRO on permanent record?
Normally, restraining orders do not appear on credit reports or criminal reports. You might want to ask a private investigator whether the restraining order will appear on any other type of report.