Does a Restraining Order Go on Your Record in California?
By Stephane Quinn | By Quinn & Dworakowski LLP |If you have been subjected to a restraining order in California, it is natural to have many questions about this order and what it means for your future. But does a restraining order go on your record in California? The reality is that this order can influence your life in many ways, and it is crucial that you fully understand your rights and responsibilities when you are subjected to a restraining order.
Restraining orders are court orders designed to protect individuals from harassment, threats, violence, or other forms of abuse. In California, the laws and procedures surrounding restraining orders are constantly evolving, making it essential for people to stay informed. One of the most pressing concerns for those involved in a restraining order case is whether the order will go on their record. By exploring how restraining orders affect one’s record in California in 2025, individuals can better understand their rights and ensure they protect themselves.
Types of Restraining Orders in California
Before diving into how a restraining order affects your record, it’s important to understand the different types of restraining orders in California. They include:
- Domestic violence restraining order. Issued to protect individuals from abuse by a close relation, such as a spouse, former spouse, cohabitant, or someone they have a child with.
- Civil harassment restraining order. Aimed at preventing harassment, threats, or violence from non-relatives or non-intimate partners.
- Elder or dependent adult abuse restraining order. Issued to protect elderly individuals (65+ years) or dependent adults (18-64 years) with specific disabilities from abuse.
- Workplace violence restraining order. Provided to protect an employee from threats or violence at the workplace.
- Gun violence restraining order. Allows law enforcement or family members to petition the court to temporarily remove firearms from an individual who poses a significant risk to themselves or others.
There are specific statutes that apply to each of these types of restraining orders. If you have been subjected to any type of restraining order, it is important that you consult an experienced attorney who can help you fully understand the rules for complying with the order. If you violate a restraining order, even unintentionally, you can face severe penalties.
Do Restraining Orders Go on Your Record in California?
The short answer is yes. Restraining orders in California do go on your record. However, the extent to which a restraining order affects your record depends on several factors, including the type of restraining order, the specifics of the case, and whether you violate the order.
When a restraining order is issued, the information is entered into the California Law Enforcement Telecommunications System (CLETS). This system allows law enforcement agencies to access the restraining order information, which can be critical in enforcing the order. It’s important to note that CLETS is not a public record, so the general public cannot access this information.
Restraining orders can still have significant implications for your record. A permanent restraining order, which typically lasts for three to five years, can be more impactful on your record than a temporary order. Additionally, if you violate the order, you may face criminal charges, leading to a conviction and a criminal record.
Violations of restraining orders in California carry severe penalties. If you are found to have violated your restraining order, you could face a heavy fine and jail time. Additionally, this violation will appear on your record and will be even more damaging than the appearance of the restraining order itself. It is vital to fully comply with the terms of your restraining order so you do not face these penalties.
Consequences of Having a Restraining Order on Your Record
Having a restraining order on your record can lead to various consequences, both in the short and long term. A restraining order will also include specific terms and conditions pertaining to violations. It is vital that you fully understand all elements of the restraining order so you know what would be at stake should you violate the terms of the order. Some of the potential consequences include the following:
- Employment. Employers may conduct background checks during the hiring process, and a restraining order may raise concerns about the applicant’s ability to maintain a safe work environment. In some cases, this may lead to being passed over for a job or promotion.
- Housing. Landlords often run background checks on potential tenants, and a restraining order on your record may cause them to deny your rental application. Additionally, certain restraining orders may prevent you from living close to the protected person, limiting your housing options.
- Professional licenses. Some professional licenses or certifications may require a background check, and a restraining order on your record may negatively impact your ability to obtain or maintain such licenses.
- Immigration. Non-citizen immigrants may face problems with applying for a U.S. visa or green card if they have a restraining order on their record.
Consulting with an Orange County domestic violence lawyer can help you determine the impact a restraining order may have on your future. They can also be an essential asset if you have been unjustly subjected to a restraining order due to false accusations. Hiring legal counsel you trust can be essential in this difficult situation, and they can help you build a comprehensive defense.
How Restraining Orders Appear on Criminal and Civil Records
In California, once a restraining order is issued, it is entered into the California Law Enforcement Telecommunications System, known as CLETS. This statewide system allows law enforcement officers from Laguna Beach to the OC Sheriff’s Department in Stanton to view active restraining orders in real time. While CLETS is not a public record, the information is accessible to police, prosecutors, and certain licensing agencies.
That means even if the restraining order is civil in nature, it can still appear during detailed background checks. Employers near the Irvine Spectrum or around South Coast Plaza often use third-party screening services that flag any involvement in domestic violence or harassment cases, even if there was no criminal conviction. Though temporary restraining orders typically expire after a few weeks, they may still be discoverable through court record searches.
What Happens if You Violate a Restraining Order in California
Violating a restraining order can lead to criminal consequences, even if the original order was civil. If you violate the terms of the order (whether by direct contact, approaching a protected residence, or even messaging on social media), you may be charged with a misdemeanor or felony. This applies to all types of restraining orders, including domestic violence, civil harassment, and gun violence orders.
Penalties can include jail time in the Orange County Jail near The Outlets at Orange, hefty fines, probation, and mandatory counseling. A conviction for violating an order will appear on your criminal record, affecting future employment and housing options. If you work in a licensed profession, such as nursing at Hoag Hospital or teaching within the Tustin Unified School District, a violation could trigger license suspension or reporting to oversight boards.
In 2021, 1,072 children were taken into protective custody in Orange County, showing how seriously the courts treat any behavior that may threaten safety. Violating an order tied to a custody dispute may also impact your parental rights permanently.
Can You Remove a Restraining Order From Your Record in California
In most cases, restraining orders in California cannot be expunged or sealed. Even after they expire, the existence of the order remains part of the court record. This can be especially damaging in areas like Newport Coast or Shady Canyon, where background checks are often required for gated community access or HOA approvals.
There are rare exceptions. If a restraining order was based on false information, and you can present new evidence or demonstrate misconduct by the petitioner, the court may agree to rescind the order. This does not erase it entirely, but may help minimize the long-term consequences. In severe cases involving false allegations, you may have grounds to pursue civil remedies for reputational harm or lost income.
Between 2016 and 2022, Los Angeles County issued 266 gun violence restraining orders, reflecting the state’s broader push toward proactive enforcement. With California’s divorce rate at 7.45% and family court filings increasing, especially in busy venues like the Lamoreaux Justice Center in Orange, understanding how restraining orders affect your record is more important than ever.
Fighting a Restraining Order After False Accusations in California
Unfortunately, some people attempt to unfairly weaponize restraining orders in California for various reasons. For example, a parent in a divorce or custody case may accuse their co-parent of domestic violence and secure a restraining order against them. This can damage the accused’s relationship with their children and their standing in their community, and cause various other personal and professional consequences.
If you have been falsely accused of any actions that you did not commit and have been subjected to a temporary restraining order, you have a chance to make your case during the restraining order hearing. This hearing is meant to determine whether the order should be made permanent or rescinded. An experienced attorney can help you collect exculpatory evidence and/or witness testimony to help you prove you are the victim of a false accusation.
When an individual has filed a false report and used the restraining order system unjustly, they can face severe penalties. It is also possible to have grounds to claim compensation for damages if you suffered harm as the result of a false accusation. For example, you may have lost your job, been forced to move to a new home, and suffered various other economic damages along with deep psychological distress, and you would have the right to seek compensation.
FAQs
Does a restraining order show up on a background check in California?
In California, a restraining order might appear on a background check, depending on the type of check being conducted. For instance, a routine check might not reveal this information, but a more thorough investigation, such as for security clearance or certain job positions, could potentially uncover a restraining order or domestic violence charge. It is important to note that different employers and organizations have varying access levels to background information.
Does a Restraining Order Result in a Criminal Record?
A restraining order itself does not lead to a criminal record. However, if the individual subject to the order violates its terms, they may face criminal charges, resulting in a criminal record. Restraining orders are civil in nature and are designed to protect individuals from harassment, abuse, or threats rather than to punish the person against whom the order is issued.
How Long Does a Temporary Restraining Order Stay on Your Record in California?
In California, a temporary restraining order typically lasts for up to 25 days or until a court hearing takes place, whichever occurs first. If a permanent restraining order is not granted, the temporary order will be removed from your record. However, even if the interim order is no longer active, it may still be accessible in certain situations, such as through more comprehensive background checks or court records.
Can a Restraining Order Be Expunged in California?
In California, expunging a restraining order from your record is generally impossible. The order will remain on your record, even if it has expired or been terminated. However, if the order was granted based on false allegations or if there is new evidence that might affect the court’s decision, you can petition the court to reconsider the ruling. If successful, this could result in the removal of the restraining order from your record.
Do Restraining Orders Carry Criminal Penalties?
Generally speaking, a restraining order does not carry criminal penalties. Violation of the order can, however, result in criminal charges and associated penalties. Depending on the type of violation and the jurisdiction, a restraining order violation may be classified as a misdemeanor or felony. If convicted, the individual may face the consequences such as jail time, fines, and probation. In some cases, they may also have to attend classes or counseling. Depending on the type of crime, they may also be required to register as a sex offender.
Contact Quinn & Dworakowski, LLP Family Law Attorneys Today
If you or a loved one has been served with a restraining order, it is vital to understand the full implications of this action and to explore all possible options for defending your rights. At Quinn & Dworakowski, LLP, our experienced family law attorneys are dedicated to helping you understand the legal process and to fighting for a win in your case. To learn more about restraining orders and how we can help, contact us today.
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