How Orders of Protection Affect Employment: Key Considerations for Professionals

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.

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. We at Hirsch Law Group 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 affect 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, both by the employer and the child or employee in question.

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. More detailed information on these protections can be found in resources like the Conviction Record Protection FAQ provided by the Illinois Department of Human Rights.

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. Legal counsel can provide valuable guidance on how to navigate this issue, ensuring that employers have accurate and complete information.

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.

How Hirsch Law Group Can Help

Navigating the legal intricacies of an order of protection can be daunting. We at the Hirsch Law Group understand the gravity of these situations and are committed to safeguarding your legal rights. An order of protection can significantly impact your life beyond family court, especially regarding your employment and criminal record.

Our experienced attorneys can provide professional legal advice tailored to your unique situation. We assist clients in challenging orders of protection, ensuring that every defense strategy is considered. If you’re facing allegations, a criminal defense attorney from our team will guide you through each step.

We will work to understand the specific details of a family court order in your case. This includes examining the implications of a protective order on aspects like firearm ownership, potential criminal charges, and the possibility of a criminal record. Our legal advice prioritizes your safety and seeks to prevent unjust violations.

In cases where a court order has been issued, our attorneys can represent you during a hearing or court date. We can present evidence and arguments aimed at protecting your interests. By doing so, we strive to achieve the most favorable outcomes in front of a judge and mitigate any implications on criminal background checks.

If you’re dealing with an emergency protective order or facing potential criminal contempt charges, our team is equipped to provide swift and effective legal support. We operate within the legal boundaries to ensure that rights are not infringed upon.

Refer to the legal steps for a person fighting an order of protection in Illinois to understand the importance of defending against unwarranted accusations and maintaining your legal standing.

Contact Hirsch Law Group

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.