Is It Possible to Find Out if Someone Has a Restraining Order Against Them? The Impact of Clare’s Law.

The issue of restraining orders is a significant concern for many individuals seeking protection from harassment or abuse. While restraining orders serve as a vital legal tool designed to safeguard victims, the complexities surrounding their existence often leave individuals uncertain about whether they can discover this information about someone else. In England and Wales, the introduction of Clare’s Law, officially known as the Domestic Violence Disclosure Scheme, has transformed the landscape regarding access to information about individuals with a history of domestic violence, potentially affecting knowledge of restraining orders as well. This blog will delve into the possibilities of discovering if someone has a restraining order and the implications of Clare’s Law in this context.

Understanding Restraining Orders

Before discussing the accessibility of restraining order information, it’s essential to grasp what restraining orders are and their legal basis. A restraining order is a judicial order that prohibits one person from contacting or coming near another person. In England and Wales, there are primarily three types of restraining orders:

1. Domestic Violence Restraining Orders: These are typically sought by victims of domestic abuse and can be issued in family court. The purpose is to prevent further abuse or harassment from the partner or family member.

2. Civil Restraining Orders: In non-domestic situations, civil restraining orders can be sought to protect individuals from harassment or stalking by acquaintances, neighbours or strangers.

3. Criminal Restraining Orders: These can be issued as part of a criminal sentence, especially when the offender has been convicted of violence or harassment towards the victim.

Can You Find Out If Someone Has a Restraining Order?

Finding out if someone has a restraining order can be approached through several avenues. In the UK, while some information may be publicly accessible, it is crucial to acknowledge the legal and ethical implications involved. Here are some methods to consider:

1. Court Records

In England and Wales, court records are generally public documents. If a restraining order has been issued, it may be recorded in the court system. However, accessing this information typically requires:

– Visiting the relevant court: You can visit the court where the restraining order was likely filed. If you know the specific court, this increases your chances of finding the relevant information.

– Online access: Some courts may offer online databases for searching public records. While not all courts have this option, checking the official court websites can be worthwhile.

2. Legal Consultations

Engaging a solicitor who specialises in family law can provide significant advantages in obtaining information about restraining orders. Legal professionals understand the processes involved and can assist in navigating the complexities of accessing court documents.

3. Police Records

If the restraining order is associated with a criminal matter, the police may have pertinent information. Contacting the local police station can yield details, particularly if concerns about ongoing harassment are present.

4. Community Resources

Support organisations, such as domestic violence helplines and advocacy groups, can provide insights and assistance in understanding restraining orders. They often have resources that help individuals to navigate legal matters and may assist in accessing necessary information.

The Impact of Clare’s Law

Clare’s Law, introduced in March 2014, enables individuals to check whether their partner has a history of domestic violence. Named after Clare Wood, a woman murdered by a man with a previous history of violence, this law was established to increase awareness and promote safety for individuals potentially entering dangerous relationships.

Under Clare’s Law, there are two main provisions:

1. The Right to Ask: This allows individuals to request information from the police regarding a partner’s past history of domestic violence. If applicable, the police will assess the request and may disclose relevant information to the requester, helping individuals make informed decisions about their relationships.

2. The Right to Know: This provision allows the police to proactively inform individuals if they believe their safety is at risk due to a partner’s history of domestic violence.

How Clare’s Law Relates to Restraining Orders

Clare’s Law is significant in the context of restraining orders because it may reveal information about a partner’s past that includes previous restraining orders or allegations of violence. Here are some key impacts of Clare’s Law regarding restraining orders:

– Enhanced Awareness: Individuals can more effectively gauge the risks associated with their partner by understanding their past behaviours. If someone has had previous restraining orders or history of domestic abuse, this information is invaluable in making informed decisions.

– Legal Safety Net: Clare’s Law enables individuals to obtain information before they may find themselves in a problematic situation, allowing them to seek further protections, including restraining orders, if necessary.

Ethical Considerations

While the options for finding out about restraining orders and utilising Clare’s Law exist, it is paramount to approach these matters with respect for privacy and the potential consequences. Here are ethical considerations to keep in mind:

– Respect for Personal Privacy: Individuals subjected to restraining orders have legal rights to privacy. It is crucial to have justifiable reasons for seeking such information, whether for ensuring personal safety or legal concerns.

– Implications of Actions: The pursuit of this information must be considered carefully, as it can impact relationships and may have unintended consequences. Engaging directly with someone who has a restraining order issued against them can escalate situations unnecessarily.

Conclusion

Determining whether someone has a restraining order can be essential for individual safety, particularly in the context of relationships. While it is possible to find such information through court records, legal advice, and police inquiries, understanding the impact of Clare’s Law provides an added layer of awareness and protection, especially in situations involving domestic violence.

Clare’s Law demonstrates the importance of transparency and informed choices when it comes to relationships. For those considering a new relationship or concerned about their current partner, leveraging this law can help identify potential risks that might not be readily visible.

Ultimately, addressing such sensitive matters requires a blend of legal knowledge and ethical considerations. If in doubt, seeking guidance from professionals or support organisations is advisable to ensure informed and responsible actions are taken.

At Alexander JLO we have decades of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you? Kindly note that we do not deal with legally aided matters.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 26th July 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here