Does a Restraining Order Go On Your Criminal Record?

If you’ve been the respondent of a restraining order or have an order against someone else, you may have questions about what it means for your criminal record and future. It’s natural to feel anxious when navigating a legal matter that may impact your future relationships or work prospects.

The answer is no, a restraining order itself does not show up on a North Carolina criminal background check report. Restraining orders are civil court matters, not criminal convictions. However, if someone violates the order, any resulting criminal charges like stalking or trespassing would appear on their record.

At McMinn, Logan & Gray PLLC, we often counsel clients who have found themselves on the negative side of these civil court matters. There’s no question that restraining orders can be complicated, but our goal here is to answer the key questions plainly so you feel empowered in understanding your rights and responsibilities.

Understanding North Carolina’s Protective Orders

When it comes to restraining orders in North Carolina, you’ll primarily encounter domestic violence protective orders (DVPOs) and civil no-contact orders. There is some confusion around the terminology and process involving these court orders, so let’s break it down.

North Carolina law provides for two main categories:

Domestic Violence Protective Orders (DVPOs)

Commonly called “50Bs” after the governing statutes, these address abuse between current or former intimate partners as well as violence against dependent persons in the home. The court can grant both ex parte emergency protection as well as longer-term orders prohibiting contact or abuse.

Ex-Parte DVPO: An abuse victim files a complaint with the court detailing recent incidents or threats. If a judge determines immediate danger, they can issue a temporary ex-parte DVPO effective for up to 10 days. This prohibits contact while awaiting the full court hearing, where longer protections may be ordered.

Long-term DVPO: After the hearing with both parties present, the judge can grant a DVPO lasting up to one year if the evidence merits long-term protection. This remains a civil order; violating it constitutes civil contempt, not a crime itself. However, related criminal charges often follow DVPO violations.

Civil No-Contact Orders, or “50Cs”

50Cs address non-domestic stalking, harassment, or violence. As with DVPOs, the statutes allow for emergency temporary orders in addition to longer ones entered after notice and hearing.

Key differences are that 50Cs don’t require an intimate relationship between parties. The petitioner must still demonstrate reasonable fear for their safety because of credible threats or ongoing harassment.

As you likely noticed, some “temporary” and “permanent” orders exist within both the 50B and 50C frameworks addressing domestic abuse and civil stalking, respectively.

The duration, gegen, and issuing events differ – but both strive to prevent violence or undue harassment through court-ordered conduct. Protective orders are civil injunctions, not criminal punitive measures.

Now let’s turn to what does or does not show up on one’s criminal record related to these orders…

How Criminal Background Checks Work in NC

Background checks through public records contain information like:

• Convictions
• Felonies or misdemeanors
• Guilty pleas
• Pending cases with warrants or arrests

So, where do restraining orders fit in here? Well, the orders themselves won’t show up on a standard criminal history report that employers or landlords routinely check. They are matters of civil, not criminal, law.

However – and this is a big caveat – if you violate a restraining order, you may face criminal charges like trespassing, stalking, or assault. Obviously, outcomes like jail time, fines, and probation can severely impact your record and show up in background checks.

Maneuvering Job & Apartment Applications

Because restraining orders are not directly criminal, you don’t have to disclose them upfront when filling out most rental or job applications – even ones requiring you to list convictions or pending cases.

Be aware, however, that deeper background checks could uncover past restraining orders tied to your name. And as we covered, any related charges for violating terms would appear for sure.

Our guidance? Be ready to get ahead of the story in applications or interviews. If asked, explain the past situation factually and accountably by focusing on the insights it provided you. How did the experience help you grow? Communicate any lessons you may have learned.

While uncomfortable, what interviewers look for most here is self-awareness, responsibility, and your commitment to reform. They want to understand how you manage your behavior in relationships today.

If you frame responses with empathy, maturity, and wisdom, you’ll convey trust and judgment. This practical transparency and strength of character can stand to elevate your candidacy despite any past personal challenges.

Call Our Winston-Salem Office for Support

If you have a restraining order and need legal advice on upholding its terms properly, don’t hesitate to call McMinn, Logan & Gray PLLC. Having a knowledgeable attorney in your corner through this process can make all the difference.

Our team takes a humanistic, holistic approach to client counsel. We’ll review your case details closely, answer questions on implications, and partner on practical next steps. Whether it’s preventing an order’s misuse, managing violations, or mitigating fallout – we’re here to stand with you in shaping the healthiest outcome possible.

Reach out today online or by phone for a consultation. Now is the time to get grounded, gain clarity, and move forward with confidence.