Hello, how do I get a restraining order removed and does it come up on a criminal report?

Question

Hello, I had a restraining order placed on me in Aug./Sept. '99 by my ex-gf (and please don't give any mean responses, it was wrong of me ,I left her a very mean message after she took my car with the police supervising and my mother became extremely upset seeing this((she grew up in Germany during WWII)), but I was WRONG and paid a price for it, and because of it we never talked again and I never got the chance to say I was sorry or see how she was doing.)

So...can this ever be removed? I was just told by a friend that I cannot ever get a passport(I was thinking of flying to Europe), is this true? Is the restraining order ever reported when a employer does a criminal background check? How do I check to see if it is still being reported?Can a lawyer do anything? I currently do not live in NJ, I am in VA. Thanks in advance for any helpful responses.

Answer 1

most states require a hearing before a final order is placed and then it usually lasts only a year.  If that didn't happen, then the order may have only been in place for a few months.  Then they expire.  Call the court clerk in the state where it was filed and find out if it's still on the books.  They can tell you about travel restrictions but a restraining order doesn't mean you were charged or convicted of anything, and you should be able to travel.

Answer 2

Restraining orders have a time limit.  In Missouri, they are only good for one year, without another hearing.

I think you are fine; the odds that it is still in effect are very slim.

Answer 3

I agree with CitiCop.  There are time limits for restraining orders.  Once it's expired, it's done.  It will not show up on a background check UNLESS there was a restraining order against you and you violated it and were arrested.  The arrest and the conviction (if any) will show up on a record check, but not the restraining order itself.