In this difficult economic climate, workers are naturally worried about any barriers to employment. Many are concerned that contact with the criminal justice system will show up in a background check and could lead to possible denial of a job. Contact Bruno Lilly LeClere, PLLC. A restraining order, also called a protective order, is a judicial order prohibiting someone from contacting or otherwise coming near the protected person. A restraining order might impede your ability to find or keep a job in Colorado. Our Weld County protection order lawyer explains more in this article.
Types of Restraining Orders
Generally, protective orders are granted when a person is the victim of violence, abuse, threats, or stalking. The main types of protective orders in Colorado include:
- Domestic violence restraining orders. An individual can seek this protective order against a spouse, intimate partner, or co-parent.
- Civil restraining orders. These are like domestic violence orders, but the restrained person does not need to be related to the protected person.
- Criminal protective orders. These orders typically last for the duration of the criminal case. Criminal protective orders are automatic.
If you are subject to a restraining order, then you should receive a copy from the sheriff. This gives you notice of your obligations. A restraining order will have a list of conditions you must follow, such as avoiding any contact with the alleged victim or going within a certain distance. Other conditions can include vacating the home and giving up any guns in your possession.
How Restraining Orders Affect Employment
A restraining order can affect employment in multiple ways. Even those who are already employed could face problems if they are subject to an order.
Background Checks
Colorado employers routinely run background checks before making an employment offer. A protective order can show up in a background check. If you did not disclose the order during the interview, then you face the added problem of appearing dishonest.
Also, a restraining order is typically linked to violent or dangerous behavior. An employer might hesitate to hire someone who is accused of being violent or stalking another person.
Gun Licenses
Security guards and others must carry firearms as part of their jobs. However, a restraining order will prohibit you from possessing a firearm, and there is no exception if you need to have a gun for work. You might need to take a leave of absence while the restraining order is in effect.
If you ignore the order and carry anyway, then the police can arrest you and take you to jail. You can also face charges for the violation, which only compounds the headaches.
Security Clearances
Government sector employees often have a security clearance. A restraining order can result in a denial or revocation of a clearance.
Termination of Employment
If you already have a job, then your employer might not necessarily find out about the restraining order. Unless you are up for a promotion, then probably do not run background checks on current employees.
Nonetheless, your employer could still find out about the restraining order. For example, you might be served a copy at work, in which case everyone can see what is happening or ask questions.
If you were arrested, then the arrest might be public information which your employer could find out with a simple internet search. You might also need to take time off to attend court hearings or, if convicted, perform community service. And there is always the possibility you could be incarcerated if found guilty.
Most employment in Colorado is “at will,” which gives employers latitude to terminate anyone for practically any reason. Even if you have an employment contract, it probably contains language allowing termination for cause. Criminal activity could be just the reason your employer needs to let you go.
Can You Mitigate the Damage?
What happens if you are currently employed and are put on a restraining order? One option is to be upfront with your employer. A restraining order is not a conviction, and you might be innocent of the alleged conduct. By clearly explaining what happened, you might be able to smooth things over.
You should consult an experienced Northern Colorado criminal defense lawyer for advice. A lawyer can also help you navigate how to raise the protective order with a potential employer if you are on the job market or up for a promotion. Often, open communication is best.
Whatever you do, you must ensure you comply with all terms of the order. Any violation can result in arrest, which is public information. A recent arrest can sink a person’s employment chances, at least until enough time has passed.
Read your copy of the protective order carefully and consult an attorney if you have questions. You cannot get back together with your boyfriend or girlfriend until the order is dismissed, regardless of whether you have made up.
Fighting the Protective Order
A seasoned lawyer can fight to get the restraining order dismissed. We can represent you in a hearing for a permanent order and explain why it is unnecessary or why the judge wrongly issued a temporary order in the first place.
You have a right to present evidence at a hearing. Our firm can find witnesses who can back up your story. Many defendants were the victims of domestic disputes and were simply defending themselves when the police showed up. They are really the victims.
In addition to overturning the restraining order, our firm can defend anyone against underlying criminal charges. For example, you might be accused of stalking or assault. You need a vigorous defense to protect your liberty because a criminal conviction is also a barrier to employment in Colorado.
Contact a Weld County Criminal Defense Lawyer
Bruno Lilly LeClere, PLLC, has represented men and women subject to protective orders. We know what evidence is compelling to a judge in a hearing, and we can ensure your voice is heard in the process. If you have questions about how a restraining order will impact employment, please reach out to our firm at (720) 340-1373 to speak with a domestic violence lawyer in Northern Colorado.