How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101049
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

DOES AN ORDER OF PROTECTION GO ON YOUR RECORD? WHATS THE DIFFERENCE

Resolved Question:

DOES AN ORDER OF PROTECTION GO ON YOUR RECORD?
WHATS THE DIFFERENCE BETWEEN AN ORDER OF PROTECTION AND A RESTRAINING ORDER?
IF THERE IS NO PROOF OF ABUSE OR ANY POLICE REPORTS, WILL EITHER CHARGE STICK?
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

All court proceedings become part of public record. It is a question of which court this is, and who is going to be doing the background search.

Employers generally only search criminal records, and not civil. Ergo, if this action was in a civil court, it is unlikely to show up for scrutiny in at a later date. If this action is in criminal court, it may. Obviously, simply a charge is less damaging than a charge and a conviction.

WHATS THE DIFFERENCE BETWEEN AN ORDER OF PROTECTION AND A RESTRAINING ORDER?

There is no difference - both are synonyms for each other.

IF THERE IS NO PROOF OF ABUSE OR ANY POLICE REPORTS, WILL EITHER CHARGE STICK?

This really depends on the Court. No one can predict if there will be enough evidence to be convicted or not. Keep in mind that the Prosecutor has to prove their case beyond a reasonable doubt, which is a hard thing to do. An attorney is recommended to increase your chances.

If you are not convicted, you may seal the matter and no employer will be able to see it in their background search. New York Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. This would be done by a pleading filed with the Court.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Ely and 4 other Legal Specialists are ready to help you