Getting served with a restraining order can be a deeply personal and stressful experience—but can it also affect your job? Whether you’re an employee or an employer, understanding how a restraining order might impact your employment is crucial.
In this article, we’ll explore how restraining orders intersect with the workplace, including potential legal implications, background checks, and what steps you can take if you’re concerned about your job security.
What Is a Restraining Order?
A restraining order, also known as a protective order, is a legal order issued by a court to protect one person from being harassed, threatened, stalked, or harmed by another.
There are different types of restraining orders, including:
- Temporary Restraining Orders (TROs): Short-term protection until a court hearing.
- Permanent Restraining Orders: Issued after a hearing, often lasting months or years.
- Civil vs. Criminal Restraining Orders: Depending on the case, the order may be civil (not a criminal charge) or part of a criminal proceeding.
Understanding the type of restraining order involved is key to knowing how it might impact your job.
Can a Restraining Order Show Up on a Background Check?
Yes—Depending on the Type of Order
Some restraining orders can appear on background checks, especially if they are linked to criminal charges.
Here’s what you need to know:
- Civil restraining orders may not always show up on a standard background check.
- Criminal protective orders, on the other hand, can be flagged during pre-employment screening.
- If the order resulted in an arrest or criminal case, that record definitely will appear.
Employers who run criminal background checks—especially for jobs involving sensitive information, vulnerable populations, or public trust—are more likely to factor this into their hiring decisions.
How a Restraining Order Can Impact Your Current Job
1. Workplace Disruption
If the person who filed the restraining order works at the same company, the situation becomes complex. Some potential issues include:
- HR interventions or investigations
- Reassignments or schedule changes to avoid contact
- Mandatory reporting to supervisors or security
2. Security Clearance or Licensing Issues
Certain jobs require security clearance or professional licenses (e.g., teachers, healthcare providers, government employees). A restraining order—especially one tied to violence or harassment—can jeopardize:
- Your security status
- Your licensure or ability to renew certifications
- Your eligibility for promotions or assignments
3. Company Policies and Contracts
Some companies have morality clauses or behavioral policies that may trigger disciplinary action if you’re the subject of a protective order. These policies could lead to:
- Suspension
- Termination
- Administrative leave
Always check your employee handbook or employment agreement for these details.
Can You Be Fired Because of a Restraining Order?
It Depends on the Circumstances
In most cases, being the subject of a restraining order doesn’t automatically mean you’ll be fired. However, certain scenarios increase the risk:
- The restraining order involves a coworker or supervisor
- It’s related to workplace harassment or violence
- Your job responsibilities are affected (e.g., you can’t enter the office or work certain shifts)
In the U.S., most employment is “at-will”, meaning employers can terminate employees for almost any reason, as long as it’s not discriminatory or retaliatory.
What to Do If You Have a Restraining Order and Are Worried About Your Job
If you’re dealing with a restraining order and want to protect your employment:
1. Be Honest with HR (If Required)
- If your company requires disclosure of legal matters, don’t hide it.
- Offer context, especially if the situation is unrelated to work.
2. Understand Your Rights
- Consult with an employment attorney to understand what your employer can and can’t do.
- Know your state’s laws around privacy and employment protections.
3. Minimize Workplace Impact
- Avoid discussing the issue with coworkers.
- Follow the order strictly to avoid escalation or further legal trouble.
4. Be Proactive
- If the other party works at the same place, suggest potential solutions to HR (e.g., different shifts or remote work).
- Demonstrate your commitment to professionalism and workplace safety.
Can a Restraining Order Affect Future Job Opportunities?
Yes, especially in competitive or high-responsibility roles.
Employers may view a restraining order—particularly one tied to violence, threats, or harassment—as a red flag. It can:
- Limit career growth in law enforcement, education, or caregiving fields
- Cause issues during background checks
- Lead to additional scrutiny during interviews
If a restraining order is no longer active, you may be able to:
- Seal or expunge related records (depending on state law)
- Provide an explanation to future employers when asked
Conclusion: Stay Informed and Proactive
While a restraining order can affect your job or job prospects, it doesn’t always lead to immediate consequences. The impact depends on several factors—including the nature of the order, your job role, and your employer’s policies.
If you’re facing this situation:
- Understand your legal rights
- Communicate with your employer carefully
- Seek legal advice when necessary
Want to know more about your rights or how to navigate a tricky employment situation? Talk to an employment attorney or legal aid organization near you. Staying informed is the first step toward protecting your future.
Andre Cuevas provides career insights, job search strategies, and professional advice to help individuals navigate the job market and achieve their career goals.
