Need Some Legal Advice.

Jschultz

macrumors 6502a
Original poster
Mar 14, 2005
878
12
Chicago, IL
So, I'm getting an apartment with my girlfriend soon. Obviously in order to be an occupant, or even be on the lease, there must be a criminal background check.

My question/problem is: Back in 2001, an ex-girlfriend decided to get back at me right after the breakup by placing a temporary restraining order (21 days) on me. I do not know if this stays on my records, or if I need to have it expunged, or what.

It's pretty important to me, because if it's on my record, what if I can't get the apartment? Or even more scary is the fact that next year I start in the education program for my college. I'm sure my situation won't be favorable if I have to be around kids, right?

Anyone know much about what happens with restraining orders?

TIA!
 

iGary

Guest
May 26, 2004
19,583
0
Randy's House
You can go to the Court Clerk and ask for your record in most counties.

I assume you know which municipality she filed it in, right?

Not sure how long it stays there, but why didn't you fight it?
 

yellow

Moderator emeritus
Oct 21, 2003
15,929
1
Portland, OR
Hmm.. AFAIK, I've never had a background check to rent an apartment. Is this an IL thing?

The chances of a 21 day restrainging order keeping you from getting an apartment... you're not trying to rent from Donald Trump are you?
 

extraextra

macrumors 68000
Jun 29, 2006
1,758
0
California
I don't believe that temporary restraining orders show up on your permanent record. Permanent restraining orders might.

I thought you had to have a valid reason for getting a TRO? (Besides "getting back") How did she place one against you?
 

Steven1621

macrumors 6502a
Apr 10, 2003
797
0
Connecticut
From my somewhat limited knowledge of the law, I recall that restraining orders do show up on background checks. However, anything that would require them usually has a form that you would fill out to explain the situation. I'm not exactly sure, so you might want to talk with a lawyer.
 

FleurDuMal

macrumors 68000
May 31, 2006
1,809
0
London Town
Jschultz said:
So, I'm getting an apartment with my girlfriend soon. Obviously in order to be an occupant, or even be on the lease, there must be a criminal background check.

My question/problem is: Back in 2001, an ex-girlfriend decided to get back at me right after the breakup by placing a temporary restraining order (21 days) on me. I do not know if this stays on my records, or if I need to have it expunged, or what.

It's pretty important to me, because if it's on my record, what if I can't get the apartment? Or even more scary is the fact that next year I start in the education program for my college. I'm sure my situation won't be favorable if I have to be around kids, right?

Anyone know much about what happens with restraining orders?

TIA!
Were you actually convicted of an offence? Were you ever in court or confess to a certain type of unlawful behaviour in court? Or was the restraining order just some sort of interrim measure for a case that never reached court?!

If you were never convicted of anything, then I find it hard to imagine that you have any sort of criminal record. But it may be different in the US.
 

yellow

Moderator emeritus
Oct 21, 2003
15,929
1
Portland, OR
Oh my dog people...

It's not a felony.. you don't need to rent an apartment with a lawyer!

Jebus H Chispixmix!! :rolleyes:
 

j26

macrumors 68000
Mar 30, 2005
1,505
18
Paddyland
It's not a criminal offence, it's a civil remedy, so it shouldn't appear on a criminal check.

I'm amazed you'd need a check like that to rent an apartment. What an invasion of privacy! Almost as amazing is you comment "obviously", like this invasion has just been accepted as par for the course.
 

bearbo

macrumors 68000
Jul 20, 2006
1,866
0
from my limited knowledge, apartment check your financial background, to see if you were ever in a bankrupt, and such, and may be alerted if you have some specific criminal record, such as sex offender.. aka i doubt TRO would even be on there

another thing you want to say is what basis were you given a TRO? that will have a lot to do with whether it will or not be favorable (or if it matters at all) around kids
 

XNine

macrumors 68040
Well, the past two apartments I've lived in have done Credit Checks. The one I'm in right now did indeed to a criminal background, as they do not accept anyone with a felony on their record. Should you receive a felony while renting there and they find out, they will kick you out.

Believe me, it keeps out a lot of the riff-raff and gang bangers. Which is nice.
 

Jschultz

macrumors 6502a
Original poster
Mar 14, 2005
878
12
Chicago, IL
Well, as a little background info.

When I was 17, the girl I broke up with did it to get back at me citing 'death threats' from me. I didn't threaten her once, but of course the police will believe her over me. Oddly enough, it was served to me on a Sunday when the court wasn't even open. I think her father may have known someone, or I don't know what. I went to repute it, but the judge threw it out. He said it is temporary, so let it run it's course.

It WAS temporary..however, a police officer pulled me over in 2003 (2 years later) and asked me about it. That's why I'm scared/curious.

Also, the apartment we're renting checked into my girlfriends criminal background, and is going nuts over a sub-$60 retail theft charge she got when she was 17(she's now 24). So yeah, I guess that does suck. But criminal checks are pretty common for renting, I though.

So the consensus is that it may be not on my record? Whew.
 

skubish

macrumors 68030
Feb 2, 2005
2,669
0
Ann Arbor, Michigan
Jschultz said:
Well, as a little background info.

When I was 17, the girl I broke up with did it to get back at me citing 'death threats' from me. I didn't threaten her once, but of course the police will believe her over me. Oddly enough, it was served to me on a Sunday when the court wasn't even open. I think her father may have known someone, or I don't know what. I went to repute it, but the judge threw it out. He said it is temporary, so let it run it's course.

It WAS temporary..however, a police officer pulled me over in 2003 (2 years later) and asked me about it. That's why I'm scared/curious.

Also, the apartment we're renting checked into my girlfriends criminal background, and is going nuts over a sub-$60 retail theft charge she got when she was 17(she's now 24). So yeah, I guess that does suck. But criminal checks are pretty common for renting, I though.

So the consensus is that it may be not on my record? Whew.
It will probably show up on your record but I wouldn't worry about it. A TRO is not a criminal offense. It is just an order from the court to stay away from someone. And yes, it is very easy for a women to get a TRO without any proof.
 

Jschultz

macrumors 6502a
Original poster
Mar 14, 2005
878
12
Chicago, IL
iGary said:
They put a restraining order against you when you were 17 (a minor) without consutling your parents?
Yessir.

Now that you bring it up, that sounds highly illegal.

Hmm.