Should Restraining Orders Also Restrain Job Opportunities?

Not everything you may wish to know about a job applicant always appears on an employment background check. For example, what if someone has a restraining order against them? Such court orders are not made lightly, and the circumstances that led to them might give you pause about hiring an individual. Does a restraining order show up on a background check? Should that information limit job opportunities? This article will closely examine these questions and what employers should know.

What Are Protective or Restraining Orders?

A restraining order is a court order that protects an individual from someone engaging in harmful behavior toward them. Courts grant restraining orders to safeguard individuals under threat. The court commands the restrained individual to cease contact with the alleged victim. There may be further provisions, such as remaining a specific distance from the person. Some locations may also be prohibited areas for the restrained individual.

Courts grant restraining orders to protect the targets of domestic violence, child abuse, stalking, and other crimes, such as sexual harassment. An assault or targeted campaign of harassment may also trigger a restraining order. Each state has laws on how these orders work and are enforced. In virtually all jurisdictions, violating a restraining order is illegal, resulting in an arrest and formal charges.

ROs may expire. There are also permanent restraining orders. Courts may grant a Temporary Restraining Order (TRO) on an emergency basis. These occur on short time scales and may not always include a prompt notification to the restrained party. TROs usually have a new court date set within a short timeframe to finalize the order. Restraining orders may also be implemented in conjunction with criminal offense charges. For example, a judge may order a defendant released on bond to have no contact or association with the victim.

Why Would an Employer Want to Consider This Information? 

Every employer wants their business to be a safe place to work. No one sets out to be an inferior employer, after all. A work environment where employees want to be, demands more than appropriate compensation and benefits. Even good management practices don’t matter if the office is fundamentally unsafe. Background checks for employment help prevent workplace harassment and violence. Hence, many employers look for evidence of violent crime in an applicant’s past.

Restraining orders offer a more challenging situation than a conviction for violence. However, they may indicate serious issues in an individual’s private life. For that reason alone, an employer may believe searching for ROs is relevant to their hiring considerations.

Does a Protective Order Show Up on a Background Check?

The answer to this question depends on your background check type. It may also depend on the jurisdiction you search. Generally, restraining orders will not appear on a regular criminal background check because they are not criminal convictions, and resources don’t report them. Criminal background checks only show confirmed convictions. If a restraining order was issued along with criminal charges, those pending charges or convictions may appear, but the record will not mention the restraining order.

Are restraining orders on public record? Yes, these civil court records are part of the public record. Therefore, you could discover past or present protective orders against your applicant if you order a civil court record search. Civil court records are rarely a part of the typical hiring process for most employers. However, for those who need to be thorough, this resource does provide a way to uncover ROs and TROs.

Can Employers Find Out if a Current Employee Has a Restraining Order?

Some employers may use ongoing criminal monitoring to help maintain a safe workplace. Can you use a similar approach to see when an employee has a restraining order filed against them? Unfortunately, it’s not simple since these are usually civil—not criminal records. You may be able to use ongoing monitoring in areas where such orders accompany criminal charges. However, you would need to consult civil court records periodically to discover this information.

The Difference With Restraining Order Violations

If someone violates an order, the police may arrest and charge them. Violations often carry fines and potential prison terms. As criminal charges, these violations would appear on a background check. Employers may encounter records of past violations when screening job applicants.

If convicted, the results would also appear on a background check, and ongoing monitoring would also flag this information. Some states also charge contempt of court to those who ignore a restraining order. Finding a contempt conviction should be a reason to dig deeper to understand the origin of the charge.

Can Having a Restraining Order Affect Employment?

Ultimately, each business owner must decide how to weigh this information. They should determine whether they investigate civil court records at all. Restraining orders often stem from complex situations. It can be challenging to make a fair decision without accompanying criminal charges. If you’re wondering: Can you get a job with a restraining order? The answer is yes. However, that doesn’t mean a job is guaranteed—only that it’s possible.

Any business that discovers evidence of an active order must consider the following: Will the job duties enable the employee to violate the order’s terms? Avoiding potential exposure to legal concerns is vital in this area. Safety demands an individual assessment of such circumstances.

Fostering a Safer Workplace for Every Employee

A restraining order is not automatically a sign that someone is a violent individual, but it could be cause for concern. Applicants with active orders are risky, and someone who violates their terms could quickly end up in jail—a risk most employers may not wish to take. However, if you discover active restraining orders, you may want to follow up with applicants for more information.

As a civil court record, a restraining order doesn’t fall into the typical category of records employers consider. However, creating a safer workplace often demands a more thorough approach. Building upon your pre-employment background check process can help you avoid difficult situations later. At backgroundchecks.com, we provide a simple civil court background check product. This service can help you uncover records that include restraining orders.