Other Consequences of Restraining Orders

A domestic violence restraining order (DVRO) – or just a restraining order as it is commonly called – will place limitations on the targeted or restrained person to prevent them from harming or bothering the person who requested the restraining order. For the most part, a restraining order will affect different areas of family law to create limitations, such as taking away or changing child custody arrangements. However, restraining orders also have the potential to create consequences that go beyond family law and reach far into many aspects of the restrained person’s day-to-day life.

Travel Restrictions

A permanent restraining order can significantly affect your ability to travel internationally, especially when coupled with a criminal record. Many countries have strict entry requirements and may deny visas or entry to people who have restraining orders, considering them a potential risk to locals and businesses. This restriction becomes even more complicated when the restraining order is linked to a criminal record, as many visa applications require full disclosure of any legal issues, which can lead to increased scrutiny, delays, or outright rejections.

In addition to international travel challenges, a permanent restraining order can also impact professional and personal travel plans within your own country. For professionals whose work requires travel, such as those in sales or consulting, such restrictions can limit job opportunities and career advancements. Personal travel plans might also be disrupted, affecting family visits, vacations, or personal emergencies.

Firearm Rights

A domestic violence restraining order in California can lead to the loss of firearm rights, often enacted as soon as there is any evidence of domestic violence; even testimony from the accuser could be enough to convince the court to disrupt the restricted person’s right to own and carry a firearm. The courts typically prioritize removing access to firearms to prevent further harm, adhering to California's comparatively strict gun laws. If you are subjected to such an order, you must relinquish your firearms to local law enforcement, sell them to a licensed dealer within a specified timeframe, or follow whatever the court requires. This restriction not only affects personal safety but also has broader implications for careers, especially for those in professions where firearm use is integral, such as law enforcement or security services.

If you are required to relinquish a firearm after a DVRO, the process might include:

• Notification: Upon receiving a court order, you must immediately notify local law enforcement of the restraining order’s requirement to relinquish your firearms.
• Timeframe for relinquishment: Firearms must be surrendered within a specific timeframe, typically 24 to 48 hours from the issuance of the order.
• Surrender options: Typically, you can choose to surrender your firearms to local law enforcement agencies or sell them to a licensed firearm dealer.
• Proof of relinquishment: A receipt or proof of sale must be provided to the court as evidence that the firearms have been relinquished if you choose that route. Otherwise, you can get official documentation from the law enforcement agency that took your firearms.
• Storage by law enforcement: If surrendered to law enforcement, the firearms may be stored by the agency until further notice or resolution.
• Restoration of firearm rights: Firearm rights may be restored if the restraining order is lifted or expires. This process usually involves a legal petition to the court, demonstrating compliance with all conditions of the restraining order and any additional legal requirements.

Job Loss & Employment Challenges

A domestic violence restraining order can impact future employment opportunities and stability in your current job. Employers often conduct background checks as part of their hiring process, and any record of a restraining order, especially if it is linked to criminal circumstances, can raise red flags, leading to job rejections as employers might view it as a liability or a risk to workplace safety. If you are already employed, the revelation of such legal issues during periodic background checks or through workplace gossip can result in disciplinary actions, strained professional relationships, or even unjustified termination.

In addition to affecting employment opportunities, a domestic violence restraining order can also lead to the suspension of professional licenses and certifications in certain fields. Professions that require licensing, such as healthcare, law, or finance, often have strict ethical and legal standards. A restraining order can trigger an automatic review or suspension of licenses, pending further investigation.

Social Consequences

A restraining order can create social consequences, affecting both housing opportunities and your social standing. Many landlords conduct background checks on potential tenants, and the presence of a restraining order can deter them from offering a lease, fearing liability or disturbances. Beyond housing, the social stigma attached to a restraining order can come up surprisingly often. Friends, family, and acquaintances may distance themselves, leading to isolation and strained relationships. This stigma can pervade professional and personal networks, too, making it challenging to maintain existing connections and form new ones.

Can You Challenge a Restraining Order?

Challenging or attempting to lift a permanent restraining order in California involves several legal steps, but if it is successful, it could help you regain some control over your life. The process begins with filing a motion to modify or terminate the order with the court that issued it, which will require gathering compelling evidence to support the request, such as demonstrating changed circumstances, compliance with the terms of the order, or proving that the original reasons for the order are no longer valid. Once the motion is filed, you must attend a court hearing where you can present the case before a judge. From the start, though, you should work with an attorney, so you are always informed about the next steps in the process and your options.

Gill Law Group, PC offers reliable legal counsel to people throughout Orange County, California. Whether you want to file for a restraining order or think you have been unjustly restrained by one, we can be your guide. Dial (949) 681-9952 for more information about our legal services.