QUESTION
Does a restraining order show up on a background check when you are applying for apartments?
Asked on Nov 07th, 2012 on Criminal Law - Florida
More details to this question:
I put a restraining order on my husband but we know we want to work things out eventually. Wondering how things work if we try and look for a place to live together after the restraining order expires. What about if I have it dismissed in court? Will it still show on a criminal/background check?
8 ANSWERS
Michael J. Breczinski
After the restraining order is over you two can do what you want. The lawsuit does show up on cases he was involved in.
Answered on Nov 08th, 2012 at 2:39 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I would stop worrying about background checks. Use the money for both of you to get counseling. Restraining orders are usually not granted without a good reason; before you worry about apartments, make sure you are safe. .
Answered on Nov 08th, 2012 at 2:39 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the restraining order is non criminal, then it wont show up on a criminal background check. However, a civil no contact order is still of public record. If they do a name search for you or your husband, it will probably come up in the search.
Answered on Nov 08th, 2012 at 2:38 PM
John J. Carney
In New York it is called an Order of Protection and it is granted by the judge when a person is arrested to protect the victim. The arrest will show up unless it is dismissed and sealed but not the Order of Protection. i do not know what state you are in, but normally an Order of Protection is not on a criminal record. Maybe in your state you can "put a restraining order on a person" but not in New York where it is the judge that makes that order, but I doubt that you can do that in any state on your own.
Answered on Nov 08th, 2012 at 2:38 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Permanent restraining orders are in the system forever (even if you dismiss it), so if a criminal background check is done, the order shows up. I am unsure what background check the apartment managers would do.
Answered on Nov 08th, 2012 at 2:38 PM
Suzanne H. Lombardi
In Alaska a restraining order is part of what is called "courtview". This is a website that the court system has that keeps track of every kind of civil or criminal action that is under your name. If a background check is done by a landlord the restraining order will show up on Courtview.
Answered on Nov 08th, 2012 at 2:36 PM
Thomas Edward Gates
Yes, it will show up.
Answered on Nov 08th, 2012 at 6:11 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is a civil case public record and will not show up on a criminal background check.
Answered on Nov 08th, 2012 at 6:00 AM