Recently updated on March 11th, 2025 at 08:16 pm

If you’re a victim seeking a restraining order then a restraining order in California will not hurt your immigration status. However if you’re the abuser then yes the restraining order. This article is aimed at the victim and not the abuser.

For a restraining order, very limited information is available for public access, but nearly all the case information (except address and other contact info) is shared with the abuser against whom you’re seeking the restraining order from.

The restraining orders are not published online by the courts in California (last updated November 2024). However, someone can look up a case for a few dollars by a case # or by knowing the party’s names. Courts find middle ground between universal access, and providing access as part of transparency to parties involved, lawyers, law students, and various government and academic institutions.

Can it affect my H1 visa, Green card, Citizenship or any other US immigration proceedings

Filing for a restraining order as the protected person generally will not harm your H-1B visa, green card, citizenship application, or any other immigration proceedings. U.S. immigration officials understand that restraining orders are meant to protect victims, so having one as the protected person does not count against you. Here’s how it impacts different situations:

1. H-1B Visa or Employment-Based Visas: Simply being the protected person in a restraining order does not affect your H-1B or other employment-based visa. Immigration officials do not view seeking legal protection as a negative action.
2. Green Card (Permanent Residency): Applying for or holding a green card is not affected by a restraining order if you are the protected person. In fact, seeking protection against abuse or threats shows that you are taking steps to ensure your safety, which does not reflect negatively in immigration matters.
3. Citizenship (Naturalization): When applying for U.S. citizenship, immigration officials look at your moral character, but being a protected party in a restraining order does not harm this. Citizenship applications typically focus on criminal activity, and being protected under a restraining order is not considered a criminal act or something that would negatively affect your character.
4. Other Immigration Proceedings: If you are involved in other immigration processes, such as applying for a different visa, the restraining order should not impact your application as long as you are not the person being accused of harassment, violence, or abuse.

Additionally, there are laws in place to protect victims, including those who are undocumented or on temporary visas. For example, U visas and VAWA protections exist to help victims of certain crimes get immigration relief, which could help your case if you are dealing with threats or abuse.

In summary, as the protected party, having a restraining order will not affect your immigration status. It is only when someone has committed a crime or has a restraining order filed against them that it may raise concerns in immigration proceedings.

CLETS

The restraining orders are published in a statewide private collection of databases called “California Law Enforcement Telecommunications System (CLETS)”. CLETS is a criminal history database that is available to all California’s law enforcement agencies, and California Courts only. Its not available to the public.

CLETS is a communications network that provides both inquiry and update access to various databases — such as Domestic Violence Restraining Orders, Criminal History, Warrants, and Driver License and Vehicle Registration Information (DMV) —  within California, other states on a national level, and federal databases sponsored by the FBI. CLETS is extensively used by law enforcement entities and other criminal justice agencies, such as California Courts, may also apply for and receive access privileges

Will it show up on my background checks

If you are the protected party (the person who requested or is the victim or is covered by the restraining order), it will not show up on your background check. Background checks are about an individual’s criminal history, civil judgments, and credit history, rather than legal actions taken to protect them. Since a restraining order is filed against the restrained party (the individual who the order is issued against), it’s typically not considered relevant information about the protected party.

Here’s why it usually won’t appear for you as the protected party:

1. Focus on the Restrained Party: Restraining orders are generally noted in the records of the person the order is filed against, not the person who filed it. Therefore, only the restrained party may have it flagged in their background.
2. Civil, Not Criminal, Matter: Since a restraining order is a civil matter, it’s not listed under criminal records unless it’s violated. Background checks that access civil court records are usually looking for lawsuits or judgments against the person being screened, not actions taken by that person for protection. Background check services including this one from the California Attorney General Background Check will only report on criminal records
3. Privacy of Protected Parties: Many states have protections in place to keep information about the protected party confidential in public records, especially if the case involves sensitive issues like domestic violence.
4. Exceptions in Sensitive Screenings: In rare cases, a highly specialized or thorough background check might note the existence of a restraining order involving you. However, this would be uncommon, as it’s generally considered private information for the protected party.

Overall, you should not expect your status as the protected party in a restraining order to show up on standard background checks.

If I am undocumented in United States and request a restraining order, can I be deported

If you are undocumented in the U.S. and request a restraining order, simply filing for protection will not cause you to be deported. Many states have strong protections for undocumented individuals in these situations, especially in cases involving domestic violence, harassment, or threats.

Here are some key points to help clarify:

1. Immigration Status Is Not Checked for Restraining Orders: Courts do not check your immigration status when you request a restraining order. Their focus is on protecting your safety, not on your legal status in the U.S.
2. Protections for Victims: Many states prioritize the safety of victims, regardless of immigration status. Laws like the federal Violence Against Women Act (VAWA) and U Visas are specifically designed to protect undocumented victims of abuse and allow them to seek legal help without fear of deportation. If you are a victim of certain crimes, you may even qualify for immigration relief.
3. Confidentiality: In most cases, immigration authorities (ICE) are not informed if you file for a restraining order. Local law enforcement and courts generally do not share this information with federal immigration agencies

Disclosing my address, phone and email

In the process of filing, you may need to provide your home address or contact information, which could be included in the court documents. Court forms in California allow you to request that this information be kept confidential.

Your best strategy is to not disclose your private address and phone numbers on the court forms

You may be able to use a safe address or request that the information is only accessible to the court and not shared with the person against whom you are seeking protection.

Disclosure during Hearings

If the court requires an in-person hearing, you may need to attend and could see the person you’re filing against. The hearing may also be open to the public.

Some courts offer virtual hearings, or you can ask for safety precautions, such as separate entrances or seating arrangements, if you’re concerned.

Your case documents (except contact information marked as confidential) are shared with the Abuser

Everything you file

1. • The person you’re filing against (the respondent) must be served with the restraining order. This means they’ll receive documents that include some of the details of your request.
   • However, the documents do not include all personal information, and you can request that sensitive information, like your exact address, is withheld.

Court Records Available Publicly (including via Website)

Most court proceedings, including restraining orders, are public record. This means while it will not show up on Google search, a person can search for a case by case # or party names, and then pay a few dollars to purchase a copy of the case documents.

Example: Los Angles Superior Court’s web page called “Case Access”

Sealing a Restraining Order 

Restraining order cases can be sealed in California so their details will not appear in public record. The case type and the names of parties may still appear.  Sealing a case means that certain information is removed from public view, which can help protect privacy.

Obtaining a sealed restraining order case is not automatic and usually requires a strong reason, such as to protect the safety or privacy of those involved, especially if there’s a risk of harm from disclosing the information. Cases involving minors, domestic violence, stalking, and harassment may have a better chance of being sealed if disclosure would risk safety or privacy. Courts are especially sensitive to these concerns when they involve vulnerable parties.

Here are the steps

1. Petitioning the Court: A request to seal the restraining order case must be filed with the court. You will have to justify why the public’s access to these records could lead to harm, invasion of privacy, or other significant issues.
2. Court’s Decision: The judge will weigh the request against the public’s right to access court records, which is generally upheld in California.

Even if a restraining order case isn’t entirely sealed, some specific details may be restricted or “redacted” to protect identities or sensitive information, while still allowing the case summary to remain accessible to certain authorized parties.

Social Media

The other person (abuser) may also try to post about the case or use social media to share details. As the restraining order is a court order, disclosing it is not wrong or illegal, but it can further draw attention to your situation when it might be unwanted.

• • It’s a good idea to increase privacy settings on your social media accounts or limit your online presence if you’re worried about this risk.

Here are some concrete steps you can take

1. 1. 1. 1. 1. Facebook:
               • Run the Facebook Privacy Checker tool and adjust the privacy for your profile, of what you share, and even the details of people who comment on your posts
               • Block your abuser by locating their Facebook profile
            2. Instagram: Set your profile to be private  to ensure any of your Instagram posts
            3. TikTok: Make your account private 

Employer or School Notification

If the restraining order involves a shared location (like a workplace or school), those places may be informed to help enforce the order. Generally, in California, if there is a restraining order that could affect your child’s safety or school environment, it’s generally best to inform the school as soon as possible. Providing this information helps the school be aware of any necessary safety measures, such as restricting certain individuals from accessing the campus or interacting with your child.

To protect your privacy, you can discuss these concerns with a legal advocate or court official before filing. Courts generally try to prioritize the safety and privacy of those seeking protection, especially in cases involving sensitive or potentially dangerous situations.

View what the information is gathered for a Restraining Order

You can step through the questions involved by clicking through this online experience, and just pretend to create the paperwork for the restraining order. This is a completely private process, and you can decide to actually file the papers or just discard them.

Domestic Violence is for harassment, excessive texting, stalking, verbally abusing, controlling behavior, blackmailing or causing fear when the abuser is your current or former husband/wife, or a romantic partner, or a coparent, or a family member (not roommate). For a complete overview of what is domestic violence please review: What is the legal definition of Domestic Violence in California

Create Domestic Violence Restraining Order Documents

Civil harassment is for situations when the abuser is your roommate, neighbor, coworker, total stranger or anyone who is not a romantic partner or close family member.