subject: Fighting A Restraining Order And Your Criminal Record - The Effects [print this page] When a father is fighting a restraining order because of his soon-to-be ex-wife's underhand legal strategies, there are some obvious implications. You may realise that it grants her immediate custody of the children, and that she can claim higher maintenance payments. However, the effects upon the defendant's criminal record are often overlooked, especially when your main concern is trying to figure out how to win a custody battle for the sake of your kids! Nevertheless, the fact of the matter is that:
Orders DO show up on your criminal record.
In the USA, all agencies will have notification of the restraining order via the National Crime Information Center registry (NCIC). This is an electronic database which contains the relevant details about the restraining order that's been granted against you: your details, the details of the plaintiff, start and expiry dates, and so on.
The restraining order will show as a civil order, but it is flagged in criminal record reports. So whenever someone requests for an official criminal record check whilst you are fighting a restraining order, it will show up against your name.
The times when a criminal record check is done against your name can be surprising, and not particularly obvious. For example, during employment checks at the offers stage of interviewing for a job vacancy, it is increasingly common to get a criminal record report on each candidate. Another example is during immigration visa processing, or when you apply for a firearm (any existing firearms are confiscated from you, and you're not allowed to own or be near any others whilst fighting a restraining order). US customs officials at airports may decide to request further luggage checks, or body searches, based on that mark against your name on their systems, especially on international flights.
The important thing is that you are aware of the implications on your employment, immigration, parole and firearms licensing status. During the serving of the order, there is usually so much information to take in that details such as these get lost along the way. The sheer amount of paperwork involved with defending yourself - whilst trying to figure out how to win a custody battle! - means that too many fathers get caught out along the way, with massive repercussions years later down the line.
Ensure that you obtain good advice from someone well-versed in the processes involved in fighting a restraining order, or employ a good lawyer to fight on your behalf - your children's future depends upon it.
