When you are facing a dispute involving restraining orders in California, you may hear about something called a non-CLETS settlement agreement. While it sounds complicated, this agreement can be a practical way to resolve conflicts without the long-lasting consequences of a formal restraining order. Understanding what this means, how it works, and whether it could be the right choice in your case is essential.
This blog explains non-CLETS agreements in plain English, outlines how they differ from standard restraining orders, and shows how they may impact your rights in California.
What Does CLETS Mean in California?
To understand a non-CLETS settlement agreement, you first need to know what CLETS is. CLETS stands for California Law Enforcement Telecommunications System. It is a statewide database that law enforcement officers use to track:
- Criminal histories
- Warrants
- Restraining orders
- Domestic violence protective orders
When a judge issues a traditional restraining order, it goes into CLETS. That means law enforcement agencies across California can immediately see the order, and it becomes enforceable anywhere in the state.
What Is a Non-CLETS Settlement Agreement?
A non-CLETS settlement agreement is a private arrangement between two parties. Instead of a formal restraining order being entered into the CLETS system, the individuals agree on terms of conduct that are not logged in the statewide database.
Think of it as a restraining order alternative. It still creates rules and protections, but it avoids the long-term stigma and public record consequences of having your name attached to CLETS.
These orders can be drafted by an attorney with specific terms, however the court also uses form FAM-190 in these situations as well.
Why Do People Choose a Non-CLETS Agreement?
There are several reasons why someone in California may prefer a non-CLETS settlement agreement:
- Privacy protection – Your name will not appear in the CLETS database, which can be important for professionals, business owners, or anyone worried about background checks.
- Flexibility – The terms can be tailored to your situation instead of following the stricter format of a restraining order. Often times we are able to use such agreements to prevent an opposing party from behavior that a restraining order cannot require of them.
- Avoiding stigma – Being listed in CLETS can affect your reputation, job opportunities, and even immigration status. It can impact international travel and subjects you to secondary inspection, prevents you from TSA Precheck or Global Entry, and makes you a prohibited person from owning or possessing a firearm or ammunition.
- Cooperation between parties – If both sides want to avoid the adversarial nature of court, this agreement provides a middle ground.
- Reduced conflict – Because it is negotiated, not imposed, parties may be more willing to comply.
How Is a Non-CLETS Settlement Agreement Different From a Restraining Order?
Here are some key differences:
Non-CLETS Settlement Agreement
- Private contract between parties
- Not reported to statewide law enforcement system
- Flexible terms tailored to the parties
- Requires cooperation of both parties
- May not be immediately enforceable by police without court action
Standard Restraining Order (CLETS)
- Formal court order entered into CLETS
- Automatically reported statewide
- Standard terms set by the court
- Often requested by one party against another
- Immediately enforceable by any law enforcement agency
Similar Post: What to Do if the Police Recommend a Restraining Order or if You’re Served with One
When Can a Non-CLETS Agreement Be Used?
Non-CLETS agreements often arise in domestic violence restraining order (DVRO), civil harassment restraining order (CHRO), Workplace Violence restraining order (WVRO) and Elder Abuse restraining order (EARO) cases. Instead of going through a contested hearing, the parties may agree to settle with terms like:
- No contact or limited contact
- Stay-away provisions from home or workplace
- Removing social media posts or agreeing not to post or gossip about the other party
- Agreements about communication methods such as text, email, or through attorneys
- Rules for co-parenting or custody exchanges
Although they are not made a part of the court file, Judges in California will usually approve these agreements if they believe both parties entered into them voluntarily and the agreement serves the purpose of keeping the peace, however they do not generally become part of the court file.
Similar Post: Domestic Violence Defense in California: Understanding Restraining Orders and Legal Consequences
Pros and Cons of a Non-CLETS Settlement Agreement
Pros
- Protects your privacy
- Avoids long-term CLETS record
- Flexible and customized
- Less adversarial and stressful than a full hearing
- Can still be enforced through the court
Cons
- Not immediately visible to law enforcement officers
- May require going back to court to enforce terms
- Depends on cooperation between both parties
- Not always available or appropriate in every case, especially if violence is severe
How Enforcement Works Without CLETS
A big question many people have is: If it is not in CLETS, how is it enforced?
The answer: through the court. If one party violates the agreement, the other can file a motion for contempt or ask the judge to enforce the settlement. While this takes more effort than calling the police with a CLETS order, the court can still issue penalties, sanctions, or even convert the agreement into a formal restraining order if violations continue.
Is a Non-CLETS Settlement Agreement Right for You?
Deciding whether to accept a non-CLETS settlement agreement depends on your circumstances.
- If you want maximum protection immediately, a standard restraining order may be the safer option.
- If you are the respondent, or if privacy, reputation, or immigration status is a concern, a non-CLETS agreement might be better.
- If both parties are willing to cooperate, this agreement can reduce stress and resolve matters more peacefully.
Since every case is unique, you should always talk to an experienced California criminal defense and restraining order attorney before agreeing to anything.
Why Legal Guidance Matters
Many people agree to non-CLETS settlements without fully understanding the long-term consequences. For example, you might think it is just a private agreement, but it can still possibly be enforced by the court as a breach of contract action. It can also be used as evidence if you need to proceed forward with a full CLETS restraining order at a later date. On the other hand, rejecting a non-CLETS option when it could protect your privacy might cause unnecessary harm to your career or future opportunities.
An attorney can:
- Negotiate favorable terms
- Make sure the agreement is fair and enforceable
- Advise you on whether CLETS or non-CLETS protection is best
- Represent you in court if violations occur
Final Thoughts
A non-CLETS settlement agreement in California is a valuable tool that offers protection without the lasting impact of being listed in the statewide CLETS database. While it is not right for every case, it can strike a balance between safety, privacy, and cooperation.
Before you agree to any settlement involving restraining orders, consult with a qualified restraining order defense lawyer who understands California law and can guide you through the process.
Were You Asked to Sign a Non-CLETS Settlement Agreement? Contact The Law Offices of Christopher Chaney
If you are facing a restraining order or being asked to agree to a non-CLETS settlement agreement in California, do not navigate the process alone. These agreements can affect your privacy, your record, and even your future opportunities. At The Law Offices of Christopher Chaney, our Los Angeles criminal defense attorneys have years of experience handling restraining order cases, civil harassment matters, and domestic violence disputes throughout Southern California.
We understand how important it is to protect your reputation and your legal rights. Our team will explain the difference between CLETS and non-CLETS orders, negotiate terms that work in your favor, and fight to ensure that you are not unfairly impacted by the system.
Call us today at 818-330-5198 or fill out our secure online contact form to schedule a free, confidential consultation. Let us put our experience to work for you and guide you through the complexities of California’s restraining order laws.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
