Restraining orders are valuable legal tools that, unfortunately, have to be used from time to time when a person has someone in their life who overinserts themselves. Restraining orders cannot be handed out freely. While we all have someone in our lives who can get on our nerves, this does not mean you can legally force them to keep their distance.
Restraining orders are reserved for people who have experienced a physically or emotionally violent action or threat that is serious enough to get a judge involved. This can be due to a perpetrator’s actions or the reasonable fear that an incident will take place with prolonged contact.
If you are concerned about someone or wish to know more about their background, learning if they have issued or received a restraining order could be very important. This article will take a look at is restraining order public record, which will depend largely on the state you live in.
What Qualifies as Public Record?
If you are looking for public records, you are looking for documents that are legally considered open to the average citizen. This means that these records or information regarding the case are not protected or reserved for certain individual parties, and you, I, or anyone else can access them.
Public records are determined and protected by the Federal Records Act and the Freedom of Information Act (FOIA).
A few decades ago, the only real way to access public records was to drive down to your local county clerk’s office and make a request or get an individual to consent to a background check. Nowadays, the internet has made accessing public records very easy, and they are available both through government websites and third-party alternatives.
Common examples of public records include:
- Most criminal or court proceedings.
- Census information
- Sex Offender Registry
- Bankruptcy Records
- Real Estate Records
While we do not have time to comprehensively go over private records in this article, they do not include medical records, financial information, and other sensitive material.
Are Restraining Orders Public Record?
For the most part, restraining orders are public record. Depending on where you live, some states allow for restraining orders to be sealed. This means that they cannot be accessed unless the person meets the criteria for accessing the information. A restraining order is not considered a criminal offense unless violated and will not appear on a background check.
Just because a restraining order is public does not mean that they will be handed out like flyers at your local courthouse. You will need to know the number of the individual court case, the name of the person requesting the order, or the person receiving it, and you will need to cover the cost of a copy. In some cases you may even need to provide evidence that you have a connection to the parties.
When Are Restraining Orders Not Public Record?
A restraining order can be kept from the public eye if the order was either declined or rejected by the judge. Similarly, there are a number of different types of restraining orders, including preliminary protective orders, permanent protective orders, and emergency protective orders. The type issued will play a large part in whether it is public record and for how long.
Certain states allow for an order to be sealed if the party consents to it or if the judge deems it appropriate to the safety of one or both parties to keep the information from the public. If you are concerned about whether or not an individual restraining order can be sealed or not, you should check the laws of the state in which it was issued.
Last Remark on Restraining Orders
Restraining orders are valuable resources for people who have been the victim of abuse in one of its many forms or those who fear they may be susceptible to it through a credible threat. They are not considered criminal, but they are considered part of the public record unless otherwise stated.
If you want to access a restraining order, you will need the name of one of the parties, the court case number, and the money needed to obtain a copy. If the restraining order information is sealed, they will inform you at the county clerk’s office.
