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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13673
Experience:  Experienced in multiple areas of the law.
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I have had an ExParte Order served to me by my now ex-fiance

Customer Question

I have had an ExParte Order for Protection served to me by my now ex-fiance this past Friday evening. Other than moving out and having no contact with him, does this impact me in any other way? Does this go on my record if someone does a background check? Do I need to go to court?
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

A civil order of protection does not show up on a background check. If it were a domestic violence order of protection or a criminal order of protection, those typically do show up on a background check. It also won't appear as part of the typical employment background check. The record is out there, but unless you are applying for a law enforcement position or something that requires federal security clearance, it is not something that someone will find. A licensing board would also typically discover it during a background check, but a private employer would not.

That said, there's no way to "expunge" or remove it if you are concerned about it showing up because you need security clearance or you are in a licensed profession or entering a licensed profession (medicine, legal, accounting, education, etc). You can fight it (more on a hearing below) and if successful in showing that there is no basis for the order, the court can vacate it. Alternatively, your ex may decide that he wishes to have the order vacated.

If the court issues an Order of Protection without scheduling a hearing first, as they did here, either party can ask for a hearing within 30 days of the issuance of the Order of Protection. The court MUST schedule a hearing within 30 days of the filing of the petition for an Order of Protection if the court orders the Respondent (you) to give the moving party (your ex-fiance) possession of the residence or other essential personal property. Thus, the court can issue an immediate ex-parte order that you leave a home you shared together, but then the court must schedule a hearing within 30 days to discuss this order. For some other orders, the court must first schedule a hearing. The court generally must first have a hearing before issuing orders on visitation arrangements, ordering payment of fees or expenses, or prohibiting gun use. The hearing must be held within 30 days of the filing of the petition for the Order of Protection.

An Order of Protection is valid for two years, unless the court orders a different date. If your ex feels like they need protection beyond that time, they can ask the court to renew the order.

If you need clarification or additional information, please REPLY and I'll be happy to assist you further. Thank you.