Restraining orders are a form of protection granted across the United States, and the centralized system known as CLETS, or the California Law Enforcement Telecommunications System is used to track the restraining and protection orders. In years prior, each city, county, and state had its own database for managing these restraining orders. The decentralized database led to confusion, especially when the parties involved move from one state to another. The solution to this issue was merging the systems into a single searchable database. The California Law Enforcement Telecommunications System or CLETS provides a solution to this confusion by showing active restraining orders from state and federal information systems.
What is a California Law Enforcement Telecommunications System (CLETS) Restraining Order?
California Law Enforcement Telecommunications System (CLETS) is a database that shows active restraining orders to law enforcement directly from federal and state computerized information systems. This means that any law enforcement member can enforce a restraining order in any part of the state. Most restraining orders are CLETS, and if it is not, they can be challenging to enforce. A judge can put workplace restraining orders in this system to protect the employees.
When applying for a restraining order, it is essential to remember to fill out the Confidential CLETS Information form. This form will allow law enforcement to track who has a restraining order against them since law enforcement enters the restraining order into a computer system. This form does not get filed and is confidential. If the judge decides to issue the restraining order, they will also decide whether to enter it into CLETS. A CLETS restraining order shows up on a background check and may make it more difficult for the restrained to find employment. Less harsh restraining orders will not show up on a background check.
What Kind of Restraining Orders are there in California?
If one is experiencing violence or a threat of violence, they may prefer to have a court-ordered form of protection and can request any of the following protective orders:
- Civil harassment restraining order. This can protect one from individuals such as co-workers, neighbors, or distant family members.
- Domestic violence restraining order. This can protect individuals from ex-spouses or those they were romantically involved with in the past.
- Elder or dependent adult abuse restraining order. This applies to individuals who are 65 or older or dependent adults.
- Workplace restraining order. Employers can obtain workplace restraining orders if someone makes credible, violent threats towards their employees. The filing party must be an employer.
A restraining order can have multiple different parts and can have a variety of scopes. The following are some standard parameters of restraining orders:
- Personal conduct orders. This prevents the restrained from doing specific acts towards the individual who requested the restraining order. Some things the restrained person cannot do may be contacting, threatening, or stalking the protected person.
- Stay-away orders. This order requires the restrained person to stay a certain distance from the protected person and other places such as their home, vehicle, and workplace.
- Residence exclusion. If the restrained and protected persons live together, this order requires the restrained person to move out.
Non-CLETS Restraining Orders in California
A non CLETS restraining is one that a judge does not enter into the law enforcement computer system. If the restraining order is a Temporary Restraining Order, it is likely a non CLETS one since a judge issues these before the official court date. However, if the judge does issue a non CLETS restraining order, these are harder to enforce since the protected will have to go to court to ask the judge for further protection. Since CLETS is a database of orders, law enforcement can enforce restraining orders. With non CLETS orders, law enforcement would be unable to enforce the protective order and arrest the restrained for violating the order.
CLETS and Domestic Violence Restraining Order
Once the judge determines to issue a restraining order for domestic violence cases, law enforcement enters the order into CLETS. This restraining order will then be active anywhere in the United States.
While judges typically determine that law enforcement should enter domestic violence restraining orders into CLETS, there may be some in-between time when the judge has not issued a permanent restraining order. The current restraining order is a temporary one. If it is a temporary restraining order, one may not enter it into the CLETS system. If the judge decides to issue a restraining order in a domestic violence case, law enforcement can enter the restraining order into CLETS.
Contact Pride Legal
If you or a loved one is seeking help with CLETS and restraining orders, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.