How does a restraining order get into my records without fingerprints or a SSN?

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How does a restraining order get into my records without fingerprints or a SSN?

My ex-boyfriend filed a temporary restraining order against me but changed his mind and didn’t show up to the court hearing. The order therefore was never made permanent. How the court system knows it’s me and not another person with my name? My ex didn’t remember my birthday so he left that field blank on the form but he did include my address and cell phone number at the time. Is that all the information needed to identify me?

Asked on November 17, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A restraining order is typically a civil proceeeding and not a criminal matter. As such, the record of a civil restraining order application showing up on a background check where no issued order resulted most likely will not appear.

As to correlating you with the application with the restraining order where your date of birth is not listed in the application most likely will not pop up as to you later on in a general search. Since the application was a civil matter with no order resulting, you really should not have to worry about any negative outcome as a result.


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