How to Find Out if Someone Has a Restraining Order | 14 Pro Ways

You should get the documentation if somebody has a restraining order against you. However, the court that issues an interim restraining order may do so in some circumstances without notifying the guilty party. Thus, we have made this post on how to find out if someone has a restraining order to aid you.

A restraining order, also known as a “protective order,” is a legal document that can shield a person from harassment, stalking, or other forms of physical or sexual abuse.

Learn More: How To Write A Letter To A Judge To Remove A Restraining Order

The “sheltered person” is the one who gets the protection order. The “restrained person” is the subject of the restraining order. Other “protected persons,” such as the protected person’s family or home members, are occasionally included in restraining orders.

State laws on restraining orders also differ from one another. For information unique to your restraining order case, it is best to study your state’s rules. Come along as we also aid you with the steps on How to find out if someone has a restraining order.

How to Find Out if Someone Has a Restraining Order

You can find out if someone has a restraining order through the following steps:

• Determine the state where the restraining order was filed
• Contact the court where the restraining order was filed
• Provide the necessary information to the court
• Check for public records online
• Contact the courthouse in the area where the person lives
• Visit the courthouse in person
• Contact the police department
• Hire a private investigator
• Check with the person who may have filed the restraining order
• Consult with a lawyer  
• Be prepared for any legal consequences
• Take necessary precautions
• Wait for the court’s response

Determine the state where the restraining order was filed

These days, interstate restraining orders are valid. If a person transfers or goes to another state while under the protection of a legal restraining order from one state, they do not require a brand-new order.

So, by identifying the state where the restraining order exists, you can learn if someone is subject to one. A legitimate restraining order is also enforceable nationwide in the United States. The Full Faith and Credit Clause, a part of the Constitution, is to blame for this.

Contact the court 

Courts maintain case files in both print and digital versions. You can contact the court official or view the restraining order remotely online. If the court accepts this approach, it will also be simpler.

Provide the necessary information to the court.

If you must make your service arrangements, you must give the court the required details. This may include the following:

• Your judicial documents
• The other party submitted papers (if any)
• Three duplicates of each item for the judge’s evaluation. One for the court, one for the opposing party, and one for you.

You can also inquire with the court assistant if you still decide which papers to bring to court.

Check for public records online.

Online access usually gets restricted for digitized public documents. Restraining orders and other computerized public documents are accessible by computer, smartphone, or device.

The public can usually obtain court documents online, such as a restraining order and other court documents. 

Contact the courthouse in the area where the person lives

Another great way to find out if someone has a restraining order is to Contact the courthouse in the area where the person lives.

If you are still looking for the information online, contact the courthouse and ask a staff member to assist you. Original versions of all documents relating to court cases, including those involving restraining orders, must be on file in the court.

Visit the courthouse in person.

Not all authorities maintain digital documents. Therefore, visiting the courtroom and asking for the physical records may be the only way to access court case papers, like the restraining order.

Inform the staff member in the courtroom that you are looking for details regarding a potential ongoing restraining order. Name the individual against whom you think a protective order lawsuit was filed and yourself. If the clerk discovers an order, ask the registrar’s office to send you a duplicate of the restraining order.

Contact the police department.

Another great step in finding out if someone has a restraining order is to contact the police department. The jurisdiction where you think a restraining order exists should be the location of this. Ask to talk with the cop in charge of restraining order assistance. The police officer may want to make plans to execute the restraining order on you if there is such an order.

Hire a private investigator.

Hiring a private investigator can aid you in finding out if someone has a restraining order.

Private detectives on people or businesses can do background investigations to assist in resolving the circumstances above. To find a restraining order, a private detective may examine public documents like court papers, state and federal tax debts, and judgments. They can verify reference checks by interviewing pertinent people to create a reliable background check.

Check with the person who may have filed the restraining order

Anyone who has been the target of surveillance or abuse can obtain a restraining order against their assailants. This encompasses acquaintances, relatives, lovers, passersby, and anyone else. Thus, you can check with the person who may have filed the restraining order to get more details.

Consult with a lawyer.       

It is frequently advisable to seek the advice of an experienced criminal defense lawyer when attempting to determine whether someone is subject to a restraining order.

A competent attorney can do an in-depth study, review the order, and identify its type. They will also guide you on implementing it and determine what you should do next.

Be prepared for any legal consequences.

Depending on the type of offense done, a restraining order’s conditions can change. An individual may occasionally get prevention from going to the victim’s home or workplace. They might also be forbidden from contacting the sufferer in person or online.

A restraining order can have extra consequences in addition to the apparent requirement to avoid the protected party and maintain no communication with them.

For instance, if you share a residence with the individual who gets the order, you might need to depart, and seeing your kids might become challenging. Any interaction could place you in violation of the order, which could lead to a jail term or a fee. You must be ready for any possible legal consequences as a result.

Take necessary precautions

Taking the necessary precautions is best if there’s a restraining order against you. This might entail spending the night before a judicial appearance somewhere other than at home.

Additionally, whenever feasible, it is ideal to put the kids under the supervision of a trustworthy adult. Think about taking a support person along.

Wait for the court’s response.

The final step to determine if someone has a restraining order entails waiting for the court’s response. It will help if you abode by the regulations of the statutes in your area and the specifics of the restraining order. At this stage, an infraction may get punishment through penalties, prison time, or both. Also, the ruling might need to be prolonged or changed in some other manner due to the infraction.

My Opinion

A judge may issue a protective order, also known as a restraining order, to help safeguard a victim of claimed sexual attack, domestic violence, child abuse, or assault. And as highlighted above, a restraining order can be placed on you without your knowledge.

To acquire a copy of the restraining order, you can use the above tips to determine if someone has a restraining order. You can also ask for a duplicate of the ruling from the 

References

• Heleniak, David N. (2010). “Erring on the Side of Hidden Harm: The Granting of Domestic Violence Restraining Orders: http://www.mediaradar.org/docs/RADARsignatureReport-ErringOnTheSideOfHiddenHarm.pdf
• Benitez, Christopher T; McNiel, Dale E.; Binder, Renée L.; “Do Protection Orders Protect?”: https://jaapl.org/content/38/3/376
• Mandarano, Liz (13 April 2011). “The Worst Thing A Woman Can Do in Divorce Proceedings – The Abuse of Orders of Protection: https://www.huffpost.com/entry/the-worst-thing-a-woman-c_b_837636