Does a Restraining Order Go on Your Record in Arizona?

Restraining orders can be a helpful tool for those who need protection from an individual who has been threatening, harassing, or abusing them. However, many people wonder if having a restraining order against them will go on their record. In Arizona, the answer is not straightforward and depends on a few factors.

We should start with an understanding that restraining orders in Arizona are NOT criminal charges. Instead, they are civil orders that are designed to protect individuals from harm. Having a restraining order against you won’t result in a criminal record. However, there are certain circumstances where a restraining order can show up on your record, such as if you violate the order or if it is made permanent.

If you violate a restraining order, you can be charged with a crime, which will then show up on your criminal record. Additionally, if a restraining order is made permanent, it will be recorded on court records, which are public and accessible to anyone.

Restraining Orders in Arizona

In Arizona, a restraining order is a legal document that is issued by a court to protect an individual from harassment, abuse, or threats from another person. The purpose of a restraining order is to prohibit the individual who is causing harm from contacting or coming near the protected person.

Types of Restraining Orders

There are three types of restraining orders that can be issued in Arizona:

1. Order of Protection: This type of restraining order is issued to protect individuals who have been or are at risk of being victims of domestic violence, sexual assault, or stalking. An Order of Protection can be issued against a spouse, ex-spouse, family member, roommate, or someone with whom the protected person has had a romantic relationship.
2. Injunction Against Harassment: This type of restraining order is issued to protect individuals who have been or are at risk of being victims of harassment. An Injunction Against Harassment can be issued against anyone who is harassing the protected person, regardless of their relationship.
3. Injunction Against Workplace Harassment: This type of restraining order is issued to protect individuals who have been or are at risk of being victims of workplace harassment. An Injunction Against Workplace Harassment can be issued against an employer, co-worker, or anyone else who is harassing the protected person in the workplace.

Process of Obtaining a Restraining Order

To obtain a restraining order in Arizona, the following steps must be taken:

1. File a Petition: The first step in obtaining a restraining order is to file a petition with the court. The petition must include information about the individual who is causing harm, the type of restraining order being sought, and the reasons why the order is needed.
2. Appear in Court: After the petition is filed, the protected person must appear in court to present their case to a judge. The judge will review the petition and may ask questions to clarify the situation.
3. Receive the Order: If the judge determines that a restraining order is necessary, they will issue an order that outlines the terms of the order. The order will be served to the individual who is causing harm, and they will be required to abide by the terms of the order.

Note that violating a restraining order is a criminal offense in Arizona. If an individual violates a restraining order, they can be arrested and charged with a misdemeanor or felony, depending on the circumstances.

Impact on Records

Public Access to Records

In Arizona, a permanent restraining order (PRO) will appear on court records, which are public and accessible to anyone. This means that if someone conducts a background check on you, they may be able to see that you have a restraining order on your record. However, a temporary restraining order (TRO) will only appear on law enforcement records, so the police can enforce it.

Duration of Restraining Orders on Record

A restraining order can remain on your record for a long time. In Arizona, a PRO can last for up to one year, and it can be renewed for another year if necessary. This means that if you have a PRO on your record, it could potentially be there for two years or more.

Expungement of Records

It is possible to have a restraining order removed from your record in Arizona, but it can be a difficult process. In order to have a restraining order expunged, you will need to file a motion with the court and provide evidence that the order is no longer necessary. The court will then review your motion and make a decision.

A restraining order can have an impact on your record in Arizona, particularly if it is a permanent restraining order. It is important to understand the potential consequences of obtaining a restraining order and to consult with a lawyer if you have any questions or concerns.

The Law Offices of T. M. Allen: Arizona Restraining Order Defense Lawyer

At The Law Offices of T. M. Allen, we understand that being served with a restraining order can be an overwhelming and stressful experience. We have years of experience in handling such cases, and our goal is to provide our clients with the best possible defense.

In Arizona, a restraining order is a court order that prohibits an individual from contacting or coming near another person. Restraining orders can be issued for various reasons, including domestic violence, stalking, and harassment.

However, one common question that we receive from our clients is whether a restraining order goes on their record. The answer is yes, but it depends on the type of restraining order. In Arizona, there are two types of restraining orders: Orders of Protection and Injunctions Against Harassment. Orders of Protection are filed in domestic cases, while Injunctions Against Harassment are filed in non-domestic cases.

If you are served with an Order of Protection, it will appear on your record and can have serious consequences. Violating an Order of Protection can result in criminal charges, fines, and even jail time. However, if you are served with an Injunction Against Harassment, it will not appear on your record.

If you have been served with a restraining order, it is important to seek legal counsel immediately. Our experienced Arizona criminal defense attorney can help you understand your rights and provide you with the best possible defense.

Contact us today to schedule a consultation.