Finding Restraining Order Records in California
There are multiple ways to find official restraining order records in California. The following explains the process to identify the record an individual might be searching for. Here’s how to look up a restraining order in California.
1. Accessing Restraining Order Records at Court
Courts keep case records in either physical paper or electronic format. There are three primary ways to find restraining orders:
- Go to the courthouse and request to look at the paper records
- Go to the courthouse and request to look at the electronic records
- Use remote access to find the court case documents online if your court offers this method.
Not all courts keep electronic records, so the only way to access court case documents may be to go to the courthouse and make a request to look at the paper records.
2. Finding Restraining Orders Online
Only electronic court records can be found online. An electronic court record is a court record that is officially maintained in an electronic format. Electronic Court Records can be accessed via computer, cell-phone, or tablet.
Most court records are accessible by the public, so a restraining order court case should be accessible online. If the public does not have access, but you are a party in the case, you still have access to the case.
There are two primary ways to look at a court record online:
- On a computer at the courthouse
- On a computer, laptop, phone, tablet in a place with a secure internet connection such as your home or your public library. This would be considered remote access.
Being a party in the case gives you full access to the court record, in contrast to public individuals who may be limited to certain case details.
Who can look up a restraining order?
A court keeps paper or electronic records and must allow the public to see them through remote access or in person at the court. There are several exceptions to remote access in regard to child custody, divorce, civil harassment, and criminal records. This limited access is meant to create a balance between the public’s right to know and an individual’s right to privacy. In order to look at a court case regarding divorce, an individual would have to go to court in person to view case details. While the public’s viewership of case details is limited in some cases the following parties tend to have full access to all case details.
- Party: You are an individual involved in the case whether you be the defendant or plaintiff.
- An individual authorized by one of the parties: Either the defendant or plaintiff has given explicit consent for you to view the case details. This does not apply to all cases, including records of child welfare cases, juvenile delinquency cases, and criminal cases.
- Party’s attorney: Remote access is granted to the attorneys of both parties involved in the case. This allows the attorney to view the case remotely; if your attorney works at a law firm, then the firm tends to have access as well and others assisting the attorney on the case. This includes legal secretaries, paralegals, and interns.
- Government Staff: State and local governments sometimes need access to cases in order to properly perform their governmental functions. Staff from these agencies can be given remote access to view these documents. Some examples would include police departments or a county probation department.
- Court-Appointed People: These would primarily be individuals who have access to the case details but are not the party or the party’s attorney. An example would be a court-appointed investigator. Remote access is provided so that these individuals are properly able to carry out their responsibilities.
- Legal Aid Staff: Legal aid organizations tend to provide assistance to individuals and represent them before the court. In these cases, legal aid staff members are given remote access to the case their party is involved in. Usually, legal aid organizations only tend to provide limited services, such as a brief consultation prior to the court date.
What types of restraining order cases are not public record?
Nearly all cases are accessible to the public via paper record, but there are limitations in regard to remote access. Restraining orders revolving around divorce cases, child custody, civil harassment, and criminal records are limited to the public through remote viewership. However, restraining orders are considered a public record in California. In order to obtain a case copy of a restraining order, a person would have to request one from the court clerk of the county.
Related: Types of Restraining Orders in California
FAQs About Looking Up Restraining Orders in California
Can you look up restraining orders in California?
Restraining orders can be accessed via courthouse computers, or on a personal laptop, computer, smartphone in a place with a secure internet connection.
How do I know if I have a restraining order against me in California?
The party filing the restraining order is required to serve you so that you are able to contest it if necessary.
Related: How to Terminate a Restraining Order in California
How can I get a copy of a restraining order in California?
If you are in court, the deputy will provide the restraining order details to both parties involved. If you are not involved in the case, you’d have to make a request with the county court clerk in order to receive a copy.
Is a restraining order public record in California?
Restraining orders are considered public records in California unless the specific case in question has been sealed for some reason.
Are temporary restraining orders public record?
Yes, temporary restraining orders are considered to be public record.
How long does a restraining order stay on your record in California?
Restraining orders can remain on your record for up to five years following the expiration date.
Does a temporary restraining order show up on a background check?
Temporary restraining orders will not appear on a background check.
Do temporary restraining orders affect immigration?
A restraining order filed against a non-citizen can result in deportation if any violation of this injunction occurs.
Can you look up restraining orders online?
Restraining orders can be looked up online, but some restraining orders can only be accessed in person at a courthouse.
Free Consultation With a Restraining Order Attorney in California
If you or a loved one needs to find or look up a restraining order in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced restraining order attorneys in California today!