Restraining Orders

[NAME], you asked if the information filed in a request for a restraining order is a matter of public record. Although I am not specifically familiar with STATE’s laws on this, I did a bit of research and I will share what I found. However, please confirm this information with a lawyer in STATE to be certain that the information I found applies in your state. You can find free and paid lawyers in STATE on our website.

First, section 106 of the 2022 re-authorization of VAWA (Violence Against Women Act), a federal law, prohibits the internet publication of any information regarding a protection order if that information might publicly reveal the identity or location of the party protected under such order. This is codified at 18 U.S. Code § 2265(d)(3) and applies to all states. But this does not prohibit a person from going to the actual courthouse and requesting to see the paper file.

A person who is not a part of the case may be able to find the information in a civil protective order case by going to the court where the victim filed for the order, and asking the court clerk for the court records - but to make this request usually requires specific information about the victim, abuser, and case number. For example, the person may generally need the correct spellings of the parties’ names. If the parties have common names, like “Jane and John Smith,” the person may also need a case number to get the correct case records. In other words, it’s not possible to just browse these records.

Also, private information such as social security number or a mother’s maiden name is generally considered confidential and unavailable to the public, but might not be redacted from the court filings that the other party receives, unless a person makes a specific request to not have that information sent to the other party.

As you may know, the protective order petition is generally sent to the abuser because it is required by the law. This is called “Service of process.” The abuser generally must be given a copy of the petition and any claims the victim has made against them so that they have a chance to admit or deny the claims in court. You can learn more about service of process in general at “What is service of process and how do I accomplish it?”

There are companies that go to courthouses to collect case information to put online for a fee as part of “background check” websites, but as I mentioned, it is generally illegal under federal law for a company to make protection records publicly available online.

If a victim of abuse is concerned about keeping an address in a protective order petition or case out of public view, it may be possible to keep an address confidential by signing up for the state’s address confidentiality program (ACP). These programs provide a designated address to use when creating new public records so that the victim does not have to give out his/her actual address. Mail is received at the post box and automatically forwarded to the person’s physical address. Using the ACP address when filing for a protective order may help to keep a person’s address out of the public record and prevent the abuser from finding out where they live.

You can learn more about STATE’s Address Confidentiality Program from the STATE Secretary of State’s website [LOOK ONLINE AND HYPERLINK ]. Please note that WomensLaw is not affiliated with this website, I provide this link for your information only.

Another possibility to keep an address confidential may generally be to fill out a “request for confidentiality form,” or another similarly named form, and submit this to the clerk for approval before filing any forms for a protective order.  If the request is approved, then a person would include this court approval when filing their petition. A clerk may generally be able to “redact” (remove) addresses or other confidential information, like phone numbers or children’s school locations, from the petition before the petition is served to the abuser.

Many domestic violence programs may also provide their clients with a mailing address to use for legal purposes, including court filings. This may depend on the specific program.

If a victim of abuse wants to keep the entire petition confidential, another option may be to file a motion to “seal” the record, which would mean that the public would not be able to get case records from the court clerk or that any records available would be “redacted,” which means the confidential information is removed or blacked out. However, it could be difficult to convince a judge to order that a case be sealed. The law generally maintains a strong public interest in access to court records, or a “presumption” in favor of public access. Therefore, a person asking to seal the records may need a convincing reason that would outweigh the public interest in having open records. Possible reasons that a judge may seal records include:

• a state or federal law that says the information should be confidential;
• an administrative or court rule that says the information should be confidential;
• a prior court order or case law protecting the information;
• a danger to the party’s privacy, financial, business, or commercial interests;
• a danger to the party’s chance of getting a fair trial if the information became publicly available; or
• some other specific, substantial reason the information should not be included.

To seal a case, a person may need the help of a lawyer, especially since each state may have different rules and regulations around sealing records. You can find free and paid lawyers in STATE on our website.

[NAME], if you have concerns over your privacy or keeping your identity confidential because of a domestic violence situation, you may want to contact Safety Net. Safety Net is another program here at the National Network to End Domestic Violence, and they have a project specifically around confidentiality. They may have additional resources that can help. You can see Safety Net’s contact information on their website.

Also, domestic violence advocates and shelters may also be able to help with other resources, including safety planning, which is thinking of what you can do to keep yourself as safe as possible. We have some tips to get you started at “Safety Tips,” but an advocate at your local domestic violence organization can help you design a personalized plan. You can find an advocate in STATE on our website.