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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Legal
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Experience:  Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.
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restraining orders

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how does a restraining order affect a teacher if she's barely getting her degree and desiring to teach? if she's the one that's been slapped with a r.o. does it affect her at all? even if it's very trivial reasons like emailing someone too much.
Hello, Customer,

A restraining order would show up on a records search at the courthouse. If the restraining order involves a domestic relationship, it will likely be entered in a state wide database as well. Many employers screen prospective employees before hiring them, particularly schools. Schools have a duty to their students to protect them. Therefore, a restraining order may be a red flag for a school, particularly is the restraining order stems from a domestic relationship.

To deal with this issue, you will need to be honest with the schools you are applying to, especially schools in your county, as those are the schools most likely to pick up on the presence of the restraining order. Certainly, you don't want to mention it in any cover letter or on your curriculm vitae. But if they ask you about it, you will need to honest truthfully, while putting the issue in its best light. You will want to allay any concerns they may have about your emotional stability.

That is where getting some good, solid references will help you. Approach your teachers, especially professionals who have seen your student teaching, and ask them to write letters of recommendation on your behalf.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

Customer: replied 8 years ago.
Reply to Gloria Morris's Post: well she's my ex niece in other words she was my neice by marriage. All it will be issued for is to stop emailing her thats it. You think that is a red flag still and will schools request proof what it's for? is an ex niece a domestic relationship?
Customer: replied 8 years ago.
well does it only become a red flag if it's active? in other words by the time it's not longer valid will schools still care about a invalid restraining order then?
Customer,

Thank you for clarifying your situation. Specifics are the heart of law.

It is unlikely that the court would report your restraining order as part of a domestic violence database. That is the good news.

However, the restraining order will still show up in any search at the court house. Yes, schools may be concerned about the R.O. if they find it. Therefore, you need to be ready to deal with the issue in your application process.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

Customer: replied 8 years ago.
Reply to Gloria Morris's Post: well my question for you is if a restraining order has reached it's 3 years and is no longer valid, is it an issue with school districts at all? in other words so I dont keep asking questions about the same thing do districts only care about current r.o. on a teacher and not one that's already reached it's max? I was considering contesting it because no doubt she'll lie on there just to get it accepted. I can't see a judge allowing something like this if I tell him it may affect me working. Especially since it's only bugging her a few times on some emails.
Hello, Customer,

Yes, the expired restraining order may still show up in a search of courthouse records. And yes, it would still be something that a school may wish to know about. Expired or not, a school will want to know why you had an R.O. issued against you, and they will need assurances that you will be a good, emotionally stable teacher. I hope this time I am clear in my answer. There is no way a school can know that a court issued an R.O. against you for a very minor reason where there were no threats made by you. You will have to address their concerns and show them that you are not unstable. That is why I suggested the letters of recommendation, and also spending time now to figure out how to respond to questions that may come up.

I do not understand your most recent reply. You state that the R.O. is no longer valid. But you also state that you may contest it as she may lie. If you have an on-going issue, then yes, you need to appear in court. You would need to let the court know that there is no problem between you and your niece, that you have no desire to contact your niece, and that a new R.O. (if that is what you are meaning here) would be unnecessary to protect your niece and also damaging to you.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

Customer: replied 8 years ago.
Reply to Gloria Morris's Post: "There is no way a school can know that a court issued an R.O. against you for a very minor reason where there were no threats made by you."

I'm sorry but can you clarify this? do you mean they can't find out if it's a minor reason or that they don't know why the r.o. was slapped on me to begin with?

Also, no it's not been issued yet. She says she is going to the courthouse to get one on me and no doubt will lie to get one issued. Of course it could be a worry for nothing but just in case I couldn't wait to ask the districts, I had to know. Please explain this statement of yours and no other further questions will be asked. I just need to know what you mean.
A school can find out that you had an R.O. issued against you. If they do a proper background check, they will find out.

When they discover that fact, the school administrator reviewing your application will not have the entire court file sitting in front of them. They will not know any specifics about the R.O. They will not know why the R.O. was issued. They will not know if the R.O. was issued due to death threats or due to a minor dispute, but they will wonder. They have to wonder. As you know, schools have a duty to protect their students and to thoroughly screen prospective teachers' backgrounds. They will want to know from you what is going on, and they will need assurances, as this would be a red flag.

And again, yes, if your niece goes back to court to get an R.O. issued against you, you should contest it. It would be worth hiring an attorney. It is that important.

Too, it may be prudent to cut off all communication with your niece, as it does not sound like a good situation for you.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.


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