Whilst answering enquiries for Unlock’s helpline I came across the following email from a client, which typifies the type of questions we often get asked. This one relates to relevant orders which have ‘no specified end date’. The following exchange between our client and Disclosure Scotland clears up this point once and for all. Show Question to Disclosure Scotland “Sadly, about 3 years ago, I got into a situation with an ex -partner which, due to a complex set of circumstances, ended with a conviction. I received a fine together with a restraining order. The restraining order had no duration or time specified. Due to the restraining order not having an end date, I wanted to know whether this would cause a drag through effect and stop my conviction becoming spent? Fines usually become spent 12 months from the date of conviction. The date of my conviction was December 2012. I was wondering therefore if you could clarify the situation. Many thanks for your help” Answer from Disclosure Scotland “Restraining orders which have no duration/or time specified have a 2 year rehabilitation period. However, in the case where a relevant order is ‘indefinite’ it will still be considered to be live and therefore has a rehabilitation period of 100 years. We can confirm therefore from the information that you have provided that under new legislation introduced in March 2014, your conviction is now considered spent when applying for a Basic certificate. Date of conviction December 2012 Fine ( 1 year rehab period) considered spent December 2013 Restraining order no duration/time specified (2 year rehab period) considered spent December 2014 (ROA under English and Welsh legislation) I hope this information is of assistance” While this is a success story for this particular client, we would advise you to look carefully at what duration has been placed on your order. ‘Indefinite’ means your conviction will never be spent until such a time as you have gone back to court to have it amended. If the order states ‘Until further notice’, again you will need to go back to court to have an end date placed on the order. Restraining order’s with no duration or time specified will become spent automatically after two years. Restraining orders, including Police Orders, put restrictions on what the person bound by the order can lawfully do. If they do something that is not allowed by one of the restraints, they are ‘breaching’ the restraining order. It is a criminal offence to breach the conditions of a restraining order. The penalty for breaching restraining orders can include a sentence of imprisonment, especially if the person has breached restraining orders before. This information will help you understand what can happen if a person breaches a restraining order. Find out:
What can the police do if someone breaches a restraining order?You should report any breaches (or suspected breaches) of restraining orders to the police. If you need emergency help, call 000. If there is enough evidence, the police can arrest the person bound by the order and can charge them for breaching the restraining order as part of investigating the complaint. The police can then prosecute that person in court. If the person is charged with breaching an FVRO, a VRO or a Police Order, they will usually be kept in custody by police until they appear in court. The offender might be able to apply for bail in court. Before they can be released on bail, the court has to think about whether the person might breach the order again, or put your safety or welfare at risk if they are released. You may be able to let the court know how you feel about having the person being released on bail and what you want to happen. What can the court do when sentencing someone for breaching a restraining order?The maximum penalty for an offence of breaching a Family Violence Restraining Order (FVRO), Violence Restraining Order (VRO) or Police Order is 2 years’ imprisonment and a $10,000 fine. The actual penalty that will be imposed will depend on all the circumstances of the case. An offence is made more serious if the offender exposed a child family member to family violence when they breached the restraining order. If the person has previously breached an FVRO, VRO or Police Order more than once in the last 2 years, they might be treated as a repeat offender. In that case, the court must impose a sentence that includes a term of suspended or immediate imprisonment, unless it would be clearly unjust to do so. In situations involving family violence, the offender might ask to participate in counselling through a family violence program before they are sentenced by the court. The maximum penalty for breaching an MRO is a $1,000 fine. What if I allow or encourage the other person to breach the restraining order?If you are the person protected by a restraining order, you can ask the police for help or report that the person bound by the order has breached it, even if you were agreeing with, helping or encouraging the other person to breach the order. You cannot be charged with an offence for helping or allowing the person bound to breach the restraining order, or for trying to get them to breach it. However, the court can vary or even cancel your restraining order if it is satisfied that you helped or encouraged the person to breach it, or tried to get them to breach it. This can be done when the court is sentencing the person for breaching the restraining order, or if they make an application to have the order varied or cancelled. What exceptions or defences are there to breaching a restraining order?The restraining order might have exceptions to say that the order is not breached if the person bound by the order does certain things. For example, the restraining order might stop them from contacting you, but make an exemption to allow them to send you text messages about your children. It is important that you read the order carefully and get legal advice if you are unsure about what behaviour it covers. There are also defences if the person bound by the order can show that the breach involved them:
It is not a defence to say that you asked or agreed to them breaching the restraining order, or that you encouraged, helped or made them breach the order. However, that might be a reason for the order to be varied or cancelled by the court. How Do restraining orders work in Colorado?First, you must obtain a temporary restraining order (TRO). The TRO lasts up to 14 days. It will state the date and time you must return to make the order permanent (the permanent hearing). Second, you must return to court on the date indicated on the TRO for the court to issue a permanent restrain- ing order (PRO).
Whats the longest you can get a restraining order for?How long does a court order last? The maximum length of a restraining order is five years from the court date or court hearing date upon which the order was issued.
Does a restraining order go on your record in North Carolina?It is also important to note that even though protective orders do not show up on criminal records, court proceedings and petitions are a matter of public record, so someone looking into the matter could potentially discover it.
How long does a restraining order stay on your record in California?The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.
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How long until a restraining order is spent?
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