What Is an Order of Protection?

An order of protection is a legal directive issued by a court to prevent harm or harassment. Its primary aim is to safeguard persons and their children from domestic violence, sexual violence, stalking, or other forms of domestic abuse by restricting the actions and proximity of the alleged abuser or threat. It usually involves family members or those who are in an intimate relationship.

There are several types of orders of protection:

  • Emergency Protective Order (EPO): Swiftly granted to ensure immediate safety, an EPO is usually temporary.
  • Temporary Restraining Order (TRO): A TRO provides longer protection until a full court hearing can be conducted.
  • Permanent Restraining Order: Issued after a court hearing, a PRO also provides long-term protection.

What Is The Process?

After receiving the petition, the judge evaluates evidence and accusations from the alleged victim. This evidence may include witness testimonies, police reports, and documentation of sexual abuse itself. The court can set various restrictions on the defendant, such as:

  • No-contact directives
  • Stay-away orders from the complainant’s home or workplace
  • Mandates to move out if cohabiting

Violations of these orders can lead to severe consequences, including fines, imprisonment, and payment of damages. It can also lead to social and professional stigma, including difficulty finding employment or being promoted.

That is why it is important to have a criminal defense lawyer by your side if you are issued a protective order. At Hirsch Law Group, we have extensive experience dealing with orders of protection in Illinois. Our team is committed to helping clients navigate these legal processes and upholding their safety and legal rights.

How Orders of Protection Affect Employment

An order of protection, sometimes called an injunction or a restraining order, can greatly impact someone’s employment prospects. For employers, background checks are a standard procedure. A registered protective order can appear in these checks, raising red flags.

Public records show court orders, including protective orders. Meanwhile, private records, like those in internal company files, might not reveal how the restraining order affects employees.

Having a protection order issued against you can affect your rights and opportunities, including the following:

  • Employment: The human resources department views restraining orders cautiously, especially when linked to violent behaviors.
  • Security Clearances: An active domestic violence restraining order can hinder or revoke security clearance, which is essential for jobs in certain sectors like government.
  • Job Applications: Certain positions require disclosure of any legal orders, including those without criminal charges.
  • Firearms: Jobs requiring firearm use, such as in law enforcement, could be jeopardized since protective orders often restrict firearm possession.

It’s crucial to seek legal advice to try to reduce employment repercussions. Orders of protection are often public records, but sometimes, they can be expunged or sealed, depending on the case specifics and jurisdiction.

Ensuring that the clarifications are clear to employers and maintaining open communication can sometimes mitigate the adverse effects. However, the presence of such a court order generally necessitates thorough consideration.

Legal Rights and Protections for Employees

Employees are entitled to numerous protections under both federal and state laws. Employers must ensure workplace safety and fair treatment, fair compensation, and protection against discrimination based on race, color, religion, sex, national origin, disability, age, and more.

Employees with protection orders may face scrutiny in background checks, which can affect hiring, promotions, and job security. Employers should not use this information to make biased decisions. Protected employees can file discrimination charges if they believe they are unfairly treated.

In Illinois, employees are further protected under Senate Bill 1480. An employee who experiences discrimination due to their past conviction can now file a complaint with the Illinois Department of Human Rights.

Implications for Job Security

Employers must comply with laws safeguarding applicants and current employees holding protective orders. Misuse of this information can lead to legal consequences. For example, under laws like the Equal Employment Opportunity Commission (EEOC), employees can challenge unfair practices by filing a complaint.

Orders of protection generally link to serious issues such as harassment or stalking. Employers should understand the implications and ensure workplace policies safeguard all employees while respecting legal protections.

By acknowledging these rights and adhering to legal standards, employers can ensure a fair and safe work environment while avoiding legal pitfalls. 

Protective Orders and Background Checks

When applying for a job, background checks have become a routine part of the hiring process. However, individuals with an order of protection issued against them may find that these checks reveal certain legal information that can impact their employment prospects. 

A protective order, even if not linked to a criminal conviction, is often flagged during a background check and could raise concerns for potential employers, especially if the order is associated with allegations of violence, harassment, or other forms of misconduct.

Employers who conduct background checks typically access public records, which may include the details of a protective order. These orders can be noted on criminal background reports, affecting job applications, promotions, or internal transfers. The presence of a protective order in the applicant’s record can trigger additional scrutiny, with employers likely to question the nature of the allegations and their relevance to the position being sought.

It’s important to note that while the mere existence of an order of protection does not equate to criminal activity, it can still have significant ramifications in certain job sectors, particularly those that require security clearance, positions involving firearms, or roles where trust and safety are paramount.

However, in some cases, protective orders can be sealed or expunged depending on the specifics of the case and jurisdiction. Individuals affected by a protective order may want to explore these options to prevent the order from appearing in background checks altogether. 

To reduce the negative impact of protective orders on employment, clear communication with potential employers is key. Explaining the circumstances surrounding the order, along with any subsequent legal resolutions, can sometimes help mitigate concerns and prevent the issue from hindering employment opportunities.

Contact Hirsch Law Group Today

If you’re grappling with an order of protection for a criminal offense and its implications for your employment and personal life, consulting an experienced attorney can be crucial.

At Hirsch Law Group, our attorneys are well-versed in state laws and county court schedules and offer sound legal advice for your criminal case. We are updated with the latest Supreme Court decisions and the proper criminal court procedure to follow. Contact us today to book an appointment.