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How Does an Order of Protection Affect Me

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  • 12-21-2010, 10:31 PM
    JohnJohnPhenom
    How Does an Order of Protection Affect Me
    My question involves an order of protection in the State of: New York

    You've heard it before. After a messy break-up, a boyfriend filed an order of protection with made up charges. It wasn't a criminal case. After appearing in court, the judge dropped the charges, and I accepted the order of protection with no accusation of abuse. It ended up that I was unable to contact my boyfriend and I was unable to own firearms for the duration of the order.

    Was accepting this order a poor decision? Will this show up on background checks? Is this something a journalist can discover, and eventually write about? (not that I have that problem, but I'm curious).
  • 12-22-2010, 04:27 AM
    LawResearcherMissy
    Re: How Does an Order of Protection Affect Me
    Quote:

    Was accepting this order a poor decision?
    Depends on your point of view. If you would rather have fought in court, then yes. In your shoes, I would not have wanted the hassle, and would have chosen as you did.

    Quote:

    Will this show up on background checks?
    Not usually. Restraining orders are civil. However, not all background checks are the same.

    Quote:

    Is this something a journalist can discover, and eventually write about?
    Yes. All court proceedings are a matter of public record.
  • 12-22-2010, 02:32 PM
    JohnJohnPhenom
    Re: How Does an Order of Protection Affect Me
    Thanks for the help. I do have one follow-up question. How would I look up this restraining order to see what exactly is on the public record?
  • 12-22-2010, 03:18 PM
    LawResearcherMissy
    Re: How Does an Order of Protection Affect Me
    You'd need to go to your Clerk's website to see if civil case records are available online, first. (Shockingly, here in backwater Ohio, my county offers this, but some larger places don't.) It's helpful if you have the case number, but in some instances, you can get it simply with the first and last names of the plaintiff and the defendant.

    If it's not online, you'll have to visit the Clerk's office in person.
  • 12-27-2010, 05:54 PM
    JohnJohnPhenom
    Re: How Does an Order of Protection Affect Me
    Hrm. How do I find my local clerk's website?
  • 12-27-2010, 06:06 PM
    Mr. Knowitall
    Re: How Does an Order of Protection Affect Me
    How about Google?
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