At the Griffin Law Office, APC, our San Diego criminal defense attorney has previously discussed the different types of restraining orders issued by California courts. These orders are intended to keep one person, the “restrained party,” away from another, the “protected party.”
In California, there are four different types of restraining orders: Domestic Violence, Elder or Dependent Adult Abuse, Civil Harassment, and Workplace Violence.
The question we often receive is, who can access these records? An employer? A neighbor? The general public?
In California, restraining orders are considered public records, meaning they are generally accessible to everyone. Accessing these records typically involves visiting the courthouse or using online databases, but some details may be redacted or sealed to protect the privacy of those involved.
Here, we discuss the essential nuances of the availability and accessibility of these records.
Are California Restraining Orders Visible to the Public?
Most restraining orders, including civil and criminal ones, are public records anyone can access. They are typically filed with the court and entered into its public records system.
Specific details within restraining orders may be redacted or sealed, especially if they involve sensitive information, minors, or cases where privacy is crucial for protecting individuals involved. For example, addresses or details about the protected person’s whereabouts might be kept confidential.
Where Can the Public Access Restraining Order Records?
To access restraining order records, individuals can visit the courthouse where the order was issued and request to view the records. Some jurisdictions may also offer online databases where court records, including restraining orders, can be searched and accessed.
While restraining orders are public records, there may be limitations on how the information can be used. Misusing or disseminating the information for purposes like harassment or stalking can lead to legal consequences.
Where Can a Restrained or Protected Party Obtain a Copy of a California Restraining Order?
Individuals involved in the case, such as the person who requested the restraining order or the person against whom the order was issued, can usually obtain copies of the order more efficiently than the general public.
To get a copy of a restraining order you are named in, visit:
- Court Clerk’s Office
Visit the courthouse where the restraining order was issued. Then, go to the clerk’s office and request a copy. You must provide identification and possibly the case number or other relevant details. There may be a small fee for obtaining a certified copy of the order.
- Online Court Records
Some California courts offer online access to case records, including restraining orders. Check the court website that issued the restraining order to see if online access is available. You might need to create an account and provide case details so you can view and print the document. There may be a fee for accessing and printing records online.
- Law Enforcement Agencies
Local police departments or sheriff’s offices may have copies of restraining orders, especially if they have been involved in serving the order. Contact the law enforcement agency that served the restraining order to request a copy. Identification and case details will be required. Access through law enforcement is typically limited to the involved parties.
- Attorney
If either party has legal representation, their attorney can obtain a copy of the restraining order from the court. Request your attorney to retrieve a copy on your behalf. Attorney fees may apply for this service.
- Self-Help Centers or Legal Aid
Many courthouses have self-help centers or legal aid organizations that assist individuals with legal matters, including obtaining copies of restraining orders. Visit the courthouse’s self-help center and ask for assistance in obtaining a copy of the restraining order. These services are often free or low-cost.
Contact Our Criminal Defense Attorney at Griffin Law Office, APC
If you face criminal charges associated with a restraining order or violation of a restraining order in California, call 619-269-2131 to speak with our skilled San Diego criminal defense attorney today or contact us online. We can explain your legal rights and help you build a defense to pursue the best outcome for your case.