This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
Regarding the restraining order and your records, restraining orders are typically not considered criminal convictions, but they may show up on background checks depending on the type of check conducted by the employer.
Most state-ordered restraining orders are not sent to border patrol agencies and, as such, do show up on passport control or criminal records. While Canada has access to certain information from the US, it's typically limited to Court-related convictions or criminal offences.
A criminal record check will determine if you have been charged or convicted of a crime. If a name-based criminal record check does not provide a definite way of confirming your identity, you may be asked to provide fingerprints.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
Final Answer: It Depends. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. I saw several denials of clearance and several approvals. It simply depends on whether the event is firmly in the past and how bad the conduct was.
Regarding the restraining order and your records, restraining orders are typically not considered criminal convictions, but they may show up on background checks depending on the type of check conducted by the employer.