Will a domestic violence restraining order become a permanent part of my record even after it expires?

Asked over 1 year ago - Van Nuys, CA

1. I was arrested when my ex girlfriend got mad at me and lied to the police to get me in trouble.
2. She didn't press charges or show up in court, nor did she ask for a restraining order.
3. The court (I'm told) automatically issued a temporary restraining order and my lawyer said it was supposed to expire since my ex did not follow through on making it permanent.
4. I didn't know I had a permanent R.O. until I was pulled over a couple years after the fact, and they said there was one that came up on their computer.
5. I called my attorney, he just says there isn't one; yet I asked another law enforcement agency to check for me and it's still there and will expire in another month.
6. My concern is that even after it expires, there will be a permanent record showing the restraining order.

Additional information

What can I do to ensure that the DVRO will not become a permanent mark on my record? Do I have to get a lawyer? Do I even need to bother doing anything or when it expires, will it just disappear for good? Should I get a petition of factual innocence; and is that the same as a petition to have my records sealed and destroyed? Is there a time limit for these petitions? (it's been almost three years now)...Any advice would be greatly appreciated! Thanks!

Attorney answers (1)

  1. Carla Leslie Hartley

    Pro

    Contributor Level 13

    Answered . You already have a lawyer; I would suggest having him call courthouses in different counties (or checking their web sites) to see if she ever obtained a permanent restraining order in an improper venue or even in your own courthouse but without notice to you. Also have your attorney go in and check the Court's file for your case HIMSELF. If he won't go, go in YOURSELF and look for it.

    If you can get the law enforcement agency to give you information about the information they have on file, you may find it's a person with your name, but doesn't fit your description or lived someplace you never lived. If that is the case, then you will need your attorney to find a way to ensure that the police don't keep confusing you with this other guy.

    Once the RO expires, I am under the impression the order is no longer enforceable, but remains in the database as a reference point so police will know when they may be dealing with a potentially dangerous person.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,811 answers this week

3,134 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,811 answers this week

3,134 attorneys answering