Are Temporary Restraining Orders Public Record?

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Are Temporary Restraining Orders Public Record?

Temporary restraining orders are issued to grant someone immediate, short-term protection. It is followed by a court hearing, during which a judge decides whether to extend protection to the individual who feels threatened or is at risk of harm.

If you’ve got a temporary restraining order, you’re likely wondering whether it is public record, meaning any member of the public can access the court records and discover if you got a restraining order.

Just like many other legal matters, this requires an explanation. For those who are wondering, our article will answer whether temporary restraining orders are public record in detail, so that you know if this information is accessible through public records. Read on to find out if a restraining order is public record.

What Is a Temporary Restraining Order?

First and foremost, let’s answer what a temporary restraining order is – it is a short-term legal order issued by a court to provide immediate protection to an individual who believes that they are in danger of being harmed, harassed, stalked, or threatened in any other way.

A temporary restraining order is issued immediately, and it doesn’t take much effort on the petitioner’s end. Temporary restraining orders are issued for a short duration, typically 7 to 28 days, or it is tied to the next court hearing, where the judge will decide whether to issue a permanent restraining order, which brings us to our next topic.

Temporary vs. Permanent Restraining Order

The primary difference between a temporary and permanent restraining order is the duration. As the name suggests, permanent restraining orders don’t have a short duration and are typically issued for months or years, with some restraining orders being indefinite.

However, while a temporary restraining order is typically issued immediately, a court hearing must take place for a judge to issue a permanent restraining order. There isn’t a guarantee that the temporary restraining order will turn into a permanent one. The judge will hear both parties and see the evidence before making a decision.

Whether temporary or permanent, restraining orders are commonly used in domestic violence and harassment situations. It is also commonly seen in workplace violence cases and family law disputes, like custody or divorce, with threats or other potential abuse involved.

Answered: Are Temporary Restraining Orders Public Record?

Now comes the important part – are restraining orders public record? The answer is yes; temporary restraining orders are generally public record. This means that any person can find out about a temporary restraining order by checking court records, either online or in person.

This also means that a temporary restraining order can appear on a background check, whether it is for employment or a firearm purchase. Although temporary restraining orders aren’t as serious as permanent restraining orders, it is important to note that they can affect one’s employment or other aspects of life.

Are Temporary Restraining Orders Public Record After a Certain Duration?

Temporary restraining orders typically expire since they are temporary, not permanent. In fact, it will expire eventually after a judge issues a temporary restraining order. It will either turn into a permanent restraining order or expire, as temporary restraining orders have an expiration. As mentioned, this usually happens after a specific duration or after the scheduled court hearing.

Therefore, temporary restraining orders don’t stay on your record forever. They expire one way or another. However, a permanent restraining order can appear on your record, though it doesn’t always affect one’s criminal record. That’s, of course, unless someone violates the restraining order, which will turn into a criminal offense.

Are Temporary Restraining Orders Public Record? Conclusion

If you suspect that you have a restraining order on your record, the easiest way to check it is through court records. Many jurisdictions in the US offer court records online. You can access these databases to find out if there’s a restraining order on your record.

You can also use a people search site like Information.com to discover the details you’re after. We recommend using this site, especially if it’s been some time since you’ve gotten a restraining order. It will scan public databases to present you with up-to-date details on whether there’s a restraining order on your record, which is a good thing to know, as it can affect many aspects of life.

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