When you’re hit with a restraining order after domestic violence, it’s easy to feel confused about what it means for your future.
The most common question people have is, “How long do restraining orders stay on your record?” This natural concern has varied answers depending on the circumstances that lead to the orders being placed.
Understanding the impact of protective and restraining orders on your life is crucial to moving forward. A restraining order lawyer can help you navigate the complicated legal system and fight to restore your freedom and rights.
What Is a Restraining Order?
A restraining order is a legal tool meant to protect someone from harm. It can require you to stay away from another person, avoid contact, or stop certain behaviors.
These protective orders are often issued in cases involving domestic violence, harassment, stalking, or other situations where someone feels threatened. While the intention is to keep people safe, it doesn’t mean the process is stress-free for the person with the order filed against them.
Types of Restraining Orders in Nevada
Nevada recognizes different types of restraining orders, depending on the situation:
- Temporary Orders for Protection (TPOs): These are short-term orders issued quickly to address immediate danger. They typically last up to 30 days unless extended.
- Extended Orders for Protection: These are granted after a court hearing in which both sides present their case. They can last up to one year.
- Protective Orders Against Harassment or Stalking: These are similar to TPOs but focus specifically on harassment or stalking, not necessarily involving domestic violence.
Knowing which type of order applies to your case is the first step to understanding how long it may stay on your record.
How Long Does a Restraining Order Stay on Your Record?
The duration depends on whether the order is temporary or extended. Temporary restraining orders are short-lived and don’t typically leave a lasting mark unless they transition into extended orders. Extended orders, however, can appear on your permanent record and may raise questions during job applications or background checks.
Will It Show Up on a Background Check?
The answer is a little tricky. If the order progresses into a permanent one through a court hearing, it will likely appear on your record. That said, the impact often depends on your circumstances. For example:
- Employment Impact: Certain industries, like law enforcement or roles requiring firearms, are more likely to take issue with restraining orders.
- Reputation Concerns: Restraining orders can be seen in public records, which might expose sensitive details about your case.
If you’re worried about the long-term impact, consulting an attorney experienced in domestic violence law could help you figure out ways to mitigate this.
Do Restraining Orders Expire?
These orders do expire, but the timeline depends on the type. If your restraining order has expired and still appears on your record, you may have the option to have it sealed. Nevada allows for record sealing in specific circumstances, but it often requires a formal motion to the court.
Can You Remove a Restraining Order From Your Record?
The short answer? It’s possible, but it’s not always straightforward. To remove a restraining order from your record, you’ll generally need to:
- File a Motion to Lift or Seal the order.
- Demonstrate to the court that circumstances have changed or the threat is no longer present.
This process can feel daunting, and no outcome is guaranteed. However, partnering with an experienced criminal defense law firm can give you the best chance at a favorable outcome.
What Happens If You Violate a Restraining Order?
Violating a restraining order is a serious matter. Even accidental contact, like a quick text or bumping into the protected person in public, could result in criminal charges. Here’s what you could face:
- Temporary Order Violation: Misdemeanor with up to 1 year in jail and a fine of $2,000
- Extended Order Violation: Felony charges could see penalties between 1-5 years in prison and fines as high as $10,000
If your restraining order seems unclear or restrictive, don’t wait for a mistake to happen. Talking to a domestic violence attorney could help you request modifications or address misunderstandings.
How Can a Lawyer Help Me With a Restraining Order?
Dealing with a restraining order can feel overwhelming, but you don’t have to face it alone. A skilled lawyer can be an important ally, helping you through each step of the process while advocating for your rights. Here are some key ways an attorney can assist:
- Fighting the placement of the order. An attorney can work to challenge the allegations before it transitions to an extended order. They’ll help gather evidence, prepare your defense, and present your side in court to minimize the order’s impact.
- Advocating for temporary over extended orders. A lawyer can demonstrate to the court why a longer-term order may not be necessary, saving you from additional complications down the road.
- Filing motions to seal or lift the order. If a restraining order is already on your record, it’s not always permanent. A lawyer can guide you through filing a motion to have the order lifted or sealed, especially if the circumstances that led to the order have changed or no longer apply.
- Providing representation during hearings. An experienced attorney has extensive experience litigation for your rights in court to fight unfair orders and false accusations of domestic violence.
- Protecting your rights. Restraining orders often come with strict restrictions that, if violated, can lead to serious legal consequences. Your lawyer can help you understand these terms and address any concerns, ensuring you avoid unintentional violations that could complicate your situation further.
Having a legal advocate isn’t just about addressing the immediate issue—it’s about securing your long-term peace of mind and protecting your future. Whether you’re trying to challenge a restraining order, reduce its duration, or clean up your record, an attorney can help you take control of the situation and move forward.
Worried About A Restraining Order On Your Record? Contact THe Law Office of Joel M. Mann
Having a restraining order issued against you can feel like your life is suddenly in someone else’s hands. While that’s a tough reality to face, it doesn’t define your future. Understanding and complying with the rules and seeking legal advice from a criminal defense attorney can help you get through this.
Partnering with trusted legal professionals, like the ones at The Law Office of Joel M. Mann, may be the first step toward turning things around. Don’t hesitate to reach out if you need help or just want to understand your options better. Call (702) 474-6266 or fill out a quick online form to learn more.
