By Josh Hamilton on
Restraining orders, known in Arizona as orders of protection or injunctions against harassment, are court-issued directives designed to protect individuals from abuse, harassment, or threats. While these orders are civil, not criminal, they will go on public record in Arizona. You should seek strong legal support for criminal charges as well as explore the possibility of getting your restraining order record sealed and protect your reputation and future.
Types of Restraining Orders in Arizona
In Arizona, restraining orders fall into two main categories:
- Order of Protection: This is typically issued in cases involving domestic violence. It applies to situations where the parties have a domestic relationship, such as family members, current or former partners, or individuals sharing a household.
- Injunction Against Harassment: This is designed for situations where the individuals do not share a domestic relationship. It protects against repeated harassment or threatening behavior, which can include stalking, excessive phone calls, or unwelcome communications.
Both orders are intended to prevent further harm by imposing restrictions on the alleged abuser, such as prohibiting contact with the protected individual or requiring the surrender of firearms. If you are facing domestic violence charges, a seasoned Arizona criminal defense attorney can aggressively defend you in order to protect your rights and freedom.
Do Restraining Orders Appear on Your Record?
Restraining orders do not appear on an individual’s criminal record because they are civil orders, not criminal convictions. However, they will still be a part of the public record in the following ways:
Court Records
Once issued, restraining orders are part of the public record unless the court seals the file. This means that anyone performing a court record search, such as potential employers or landlords, may find the order.
Law Enforcement Records
Restraining orders are entered into the Arizona Criminal Justice Information System (ACJIS), a database accessible to law enforcement. Officers can see these records during routine checks, such as traffic stops or background investigations.
Background Checks
Restraining orders may surface in background checks for employment, housing, or licensing, mainly when these checks include civil court records. While they are not considered criminal offenses, their presence can still raise red flags for those conducting the checks.
What Happens If a Restraining Order Is Violated?
While the restraining order itself is a civil matter, a violation of its terms is a criminal offense under A.R.S. § 13-2810 (Interference with Judicial Proceedings). If someone violates the order, they can face misdemeanor charges, which will appear on their criminal record. Penalties for violating a restraining order may include fines, probation, or jail time.
Can You Remove a Restraining Order from Your Record?
Removing or sealing a restraining order in Arizona can be challenging, as these orders are public records by default. However, you can take the following steps:
Contesting the Order
If a restraining order is filed against you, you have the right to request a hearing to contest it. If successful, the order will be dismissed and will no longer appear in court records as an active order.
Sealing Records
In some cases, you may petition the court in Arizona to seal the records if you can demonstrate that the continued availability of the order causes significant harm to your reputation or livelihood.
Time Limits
A restraining order in Arizona is typically temporary. Orders of protection and injunctions against harassment typically expire after one year unless renewed by the petitioner. Once expired, they are no longer enforceable but remain part of the public record. Notably, Arizona does not issue a permanent restraining order.
Long-Term Implications of Restraining Orders
Although restraining orders are civil, their implications can extend beyond the courtroom. Here are a few ways they may affect your life:
- Employment Opportunities: Some employers may view restraining orders negatively, even if they are not criminal convictions, particularly for positions requiring trust, security clearance, or public interaction.
- Housing Applications: Can a restraining order affect your housing opportunities? Yes, landlords who conduct thorough background checks may perceive an active or past restraining order as a liability.
- Firearm Ownership: Under federal law (18 U.S.C. § 922), individuals subject to certain types of restraining orders, particularly those related to domestic violence, are prohibited from possessing firearms.
- Professional Licenses: Certain professions, especially those requiring a state-issued license, may consider restraining orders as part of the licensing process.
Steps Our Arizona Criminal Defense Attorneys Will Take to Pursue Sealing of Your Restraining Order Records
Although restraining orders in Arizona are generally part of the public record, certain circumstances may allow for the sealing of these records. Our experienced attorneys will pursue the legal process diligently to protect your privacy and reputation.
Evaluate Your Eligibility
We begin by reviewing the specifics of your case to determine whether your restraining order records meet the criteria for sealing. Courts are more likely to seal records if the order was dismissed, expired without renewal, or if it can be proven that its existence causes significant harm to your personal or professional life.
Prepare a Petition to Seal Records
Our legal team will draft a comprehensive petition, supported by legal arguments and evidence, explaining why sealing the records is justified. This may include documentation of any undue hardship caused by the public record, such as employment or housing issues.
Present Evidence and Advocate for You
We will represent you during the court hearing, presenting evidence to demonstrate the necessity of sealing your records. Our legal counsel will use their extensive courtroom experience to advocate for your rights and interests.
Follow Through with Court Orders
If your petition is approved, we ensure all court orders are correctly implemented and follow up to confirm the records are sealed as intended, minimizing the risk of any future disclosure or further legal issues or legal proceedings.
Get Our Experienced Arizona Criminal Defense Lawyers on Your Side
At the Law Office of Hernandez & Hamilton, PC, we understand the profound personal and legal implications of restraining orders. Our skilled and proven Arizona criminal defense attorneys are committed to protecting your rights and ensuring the best possible outcome for your case. Whether you are facing domestic violence or other criminal charges or seeking to have a restraining order record sealed, we are here to provide you with the strongest legal representation you need. To schedule your free consultation, call us at 520-882-8823 or contact us online.
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