Is there a difference between Protection Order and Restraining orders in NY? Do they appear in background checks?

Asked over 2 years ago - New York, NY

Is there a difference between Protection Order and Restraining orders in NY? Do they appear in background checks for employment purposes?

Attorney answers (3)

  1. Virginia Giselle Alvarez

    Contributor Level 16

    1

    Lawyer agrees

    Answered . In NYS we have Orders of Protection which are either full stay aways or refrain from orders. Depending on your job and the regisry checks performed yes they will be visible.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more
  2. Andrew Walter Szczesniak

    Contributor Level 8

    Answered . In New York we use Orders of Protection, which generally serve the same function and purpose as what some states refer to as a Restraining Order. Whether they will appear in a background check conducted by a potential employer will depend on the type of job sought and the protocols used in that industry in conducting background checks (I.e. what sources they normally check in that industry). I generally advise my clients to assume that they will turn up in such an investigation.

  3. Lawrence Allen Weinreich

    Contributor Level 18

    Answered . The term used in NY is Order of Protection. They are both the same. They may show up in a background check depending on who is doing the checking.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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