For individuals with a history of arrests or convictions, background checks can be a serious source of anxiety. Orders of protection are unique in that they do not require you to have been arrested or convicted. Still, will the active order show if someone performs a background check on you?
What Is Public on a Background Check?
There are multiple types of background checks– and some more in-depth than others.
For a standard background check, the following information is available:
- Criminal history
- Education history
- Personal identity verification
- Credit check
- Past employment history
Within your criminal history, the individual searching may access:
- Past jail sentences
- Sex offender registration
While having an order of protection against you is not a crime, the active order will likely appear on a background check.
Order Violations on Record
If you are found guilty of violating a protective order, this information will appear on your record as well. This is because violations are separate offenses resulting in new criminal charges.
Common violations include:
- Being within a certain physical distance of the petitioner
- Contacting the petitioner online or face-to-face
- Weapons violations
- Not following custody orders
- Visiting the petitioner’s work or school
It’s also important to clarify that you risk being charged with a violation if the petitioner contacts you and you respond. Don't interact with them even if you feel like it’s okay to send a text back or meet up with them. You can be held responsible for violating the protective order.
Order of Protection Defense
If you have a hearing coming up regarding a protective order against you, or if you have been charged with violating an active order, the team at The Toney Law Firm, LLC is here to help. We can work with you to find a personalized solution for your case. Set up a consultation with our experienced defense attorneys today by using our online request form or giving us a call at (888) 473-4058.