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  1. #1
    Join Date
    Oct 2008
    Posts
    13

    Default Is There an Easy Way to Find a Person Has a Restraining Order in Place

    My question involves criminal law for the state of: CA

    Is there a simple way that either an employer or a new spouse or new girlfriend can find out if a person has either had a DV Restraining Order successfully placed onto the person or a request for a Restraining Order led to an unsuccessful ruling and the Restraining Order was denied. Do "successfully" served and approved Restraining Orders show up on a Criminal Background search?

  2. #2

    Default Re: Is There an Easy Way to Find a Person Has a Restraining Order in Place

    Remember that there's a difference between what the typical person calls a "restraining order" and other orders such as "protection from abuse orders" or "no contact orders". Some are civil, some are criminal, depending on the type and the issuing court. The criminal ones will often show up on background checks, depending on whose system is doing the checking, but that is NOT going to show you the majority of civil orders, for instance, related to stalking or many domestic violence cases. Even for law enforcement, when running your driver's license, generally only ACTIVE orders will appear, and not ones that have been rescinded or have expired. Here in Florida, we have access to CCIS, which basically hold records and history of ANY type of case in court, whether civil or criminal, so it's pretty easy for us to search. California may have something similar, but as in Florida, it may be restricted to court and/or law enforcement personnel only.

    You can try to do some legwork, and call your Clerk of Court for the county(ies) in question, but you'd want to find out if such info would be released to you if it exists, before you go through the hassle. (Perhaps Carl or other Californian here can advise about public records release in CA.) Without access of your own, your best bet is to shell out a few bucks at your local PD and have them run a history and if anything suspicious shows up, then think about shelling out a few more bucks for an hour or two of a private investigator's time. They'll turn up anything a LOT faster than you will.

    Another strategy, if you happen to have some historical residential addresses of the person you're "researching", is to contact the police dept. or sheriff's office that covers those addresses and ask them for a call history. That approach often turns up a LOT more stuff (including calls that never resulted in an official report, but which at some point garnered a police response of one sort or another). Checking a criminal history isn't going to tell you that the neighbors called complaining about loud fighting on multiple occasions but that by the time police arrived it was over or other such incidents that could be very "telling".
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Oct 2008
    Posts
    13

    Default Re: Is There an Easy Way to Find a Person Has a Restraining Order in Place

    Thank you VERY much aardvarc. I will digest your guidance narrative and try to "get smart" about where to go from here.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,688

    Default Re: Is There an Easy Way to Find a Person Has a Restraining Order in Place

    Quote Quoting MinNow321
    View Post
    My question involves criminal law for the state of: CA

    Is there a simple way that either an employer or a new spouse or new girlfriend can find out if a person has either had a DV Restraining Order successfully placed onto the person or a request for a Restraining Order led to an unsuccessful ruling and the Restraining Order was denied. Do "successfully" served and approved Restraining Orders show up on a Criminal Background search?
    You can check your local court's web site and run the name of the individual in question. That should tell you what kinds of cases they have been involved in and whether any court orders have resulted. You can also go TO the court to find out.

    A background check might find it, but that depends on the quality of the check, the records the company accesses, and whether or not the records are available on line or easily.

    Court records are public records. There is no state repository for this info that the general public may access, so you would have to rely on court records.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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