Is a Restraining Order Public Record? Can It Be Viewed by Anyone?

If a restraining order has been filed against you in Florida, one of the first things you may worry about is whether other people will be able to see it. Whether a restraining order is publicly accessible in Florida depends on the status of the case and the type of record involved. Final injunctions are generally public records, but Florida law provides confidentiality protections for certain petitions and related information.

Learning more about what becomes part of the public record and what may stay private can help you make informed decisions about how to handle the situation. Here is what you should know.

How Florida Defines a Restraining Order

In Florida, restraining orders are formally known as injunctions for protection. These are civil court orders designed to prevent someone from engaging in threatening or harmful behavior toward another person. The state recognizes several categories of these injunctions, including those related to domestic violence and stalking, among others.

Since injunctions are civil matters rather than criminal charges, they do not result in a criminal conviction on their own. However, certain willful violations of an injunction can result in criminal charges and other penalties.

Are Restraining Orders Part of the Public Record in Florida?

In most situations, yes. Florida has some of the broadest public records laws in the country, grounded in Article I, Section 24 of the state constitution. When a court grants an injunction for protection, the final judgment generally becomes part of the public record. These judgments are also required to be recorded in the county’s official records.

Florida law also requires clerks to provide searchable online access to certain information involving final injunctions entered to protect minors. Generally, this includes the identity of an adult respondent and the fact that a final judgment for an injunction protecting a minor was entered. Different rules apply when the respondent is a minor.

When Can a Petition Be Kept Off the Public Record?

Florida law provides several exceptions to public access for injunction records. One important exception applies to certain petitions that are dismissed without an injunction being issued. 

Under Florida Statutes Section 119.0714, a petition for an injunction can be made confidential and exempt from public disclosure if it is dismissed without a hearing or denied at the ex parte stage due to issues like insufficiency or lack of jurisdiction.

For petitions dismissed on or after July 1, 2017, this exemption applies automatically. For those dismissed before that date, the respondent must submit a signed, written request to the clerk of court specifying the case details. The legislature created this exemption because it recognized that a dismissed petition could unfairly damage someone’s reputation.

Can a Restraining Order Show Up on My Background Check?

Because a final injunction may be publicly accessible, information about it could appear in some background searches. What appears depends on the records and databases searched. This means that employers and landlords who run these checks may be able to see that an injunction was entered against you, even though it is a civil matter rather than a criminal charge.

An injunction on your record may also come into play during family court proceedings, such as in a child custody case. If a petition was dismissed or denied without an injunction being issued, Florida law may make the petition and its contents exempt from public disclosure, depending on when and why the petition was dismissed.

Contact the Orlando Domestic Violence Lawyers at McMichen, Cinami & Demps for Help Today

Florida’s public records laws can make information about certain injunctions accessible to others, but important exceptions and confidentiality protections may apply. Understanding whether a particular petition, temporary injunction, or final injunction is publicly accessible depends on the circumstances of the case.

If you are seeking an injunction or responding to one, McMichen, Cinami & Demps can explain your rights and help you navigate the legal process. Contact our Orlando domestic violence lawyers today at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803