How to Stop a False Restraining Order From Appearing in Your Record

In this "How to" we will discuss what a restraining orders is, what to do if served with a erroneous restraining order and some legal remedies.

Restraining orders are serious court documents but are not a legal admission of wrong doing. The purpose of a restraining order is to prevent harm by an individual, by restraining that individual or legal entity. from doing something. Examples are: restraining someone from approaching a person or place, the selling property, disposing of records, developing land or contacting a person. Restraining orders are usually served in conjunction with pending civil or criminal court actions. Their purpose is to prevent harm to one or more parties pending the court' s decision in a legal action.

What to do!

Expunged Court Documents: Be aware that almost all legal documents can be expunged (removed) from the court records, at the order of the court (the presiding judge). This is usually reserved for criminal charges against individuals declared innocent by the court. The attorney must file a request for expunging records with the court. If the residing judge agrees then all the agencies involved clear their records. Unfortunately, with all the computerized data bases out there, including newspaper stories, inter-agency correspondence, etc... there is no way to ensure this. So your best defense is to keep copies of all court orders, filings and findings of the court. As a defendant your attorney gets copies of all documents on your behalf. Get copies from him and keep them. If there is a problem in the future you have the documents to back you up.

Tips

  • If served with a restraining order contact an attorney. Keep the original restraining order. Organize all your records and evidence and bring them to your attorney's office. If the restraining order is erroneous, have your attorney counter file, request dismissal of the restraining order, or ask for a modified order. Follow the restraining order until you get guidance from your attorney.

Warnings

  • Do not confront the individual that requested the restraining order, use your attorney. Do not get belligerent with law enforcement or court officers (it doesn't help your case)