Strategic Defense
From A Former Prosecutor

Are domestic violence cases public record in California?

On Behalf of | Aug 29, 2024 | Domestic Violence

Understanding whether domestic violence cases are public records is important for both plaintiffs and those accused. Privacy concerns often arise in these situations, and knowing what information is accessible can help manage expectations.

Court records and public access

Most court records in California, including those related to domestic violence cases, are public. Anyone can access certain details of a case, such as charges, court dates, and outcomes, either online or by visiting the courthouse. The law protects certain sensitive information, particularly when involving minors or releasing details that could put someone at risk.

Protective orders and privacy

When someone seeks a protective order (also known as a restraining order), the order itself becomes part of the public record. This includes the names of the individuals involved and the terms of the order. Protective orders can also include specific instructions about who can access or share details of the case, helping to safeguard privacy in high-risk situations.

Sealed records and exceptions

In some instances, the court may seal domestic violence records to protect the privacy of those involved. This typically happens in cases involving sensitive information or when public access to the records could endanger someone. Additionally, records involving minors are often sealed to maintain their privacy.

Understanding public access

Navigating the complexities of public records in domestic violence cases requires a clear understanding of privacy protections. Being informed about what is accessible and what remains confidential helps individuals safeguard their rights and safety during legal proceedings. This knowledge empowers both plaintiffs and the accused to make informed decisions.