Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. A security risk may exist when an individuals immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress. When getting a firearm, a restraining order will appear on that background check. Practical Considerations for Family Law Issues and Security Clearances Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. Because Im an attorney and know how to interpret judicial rulings, I figure I can help a lot of people in the same boat I was, for a whole range of issues. Or what about a case where the restrained party is a spouse accused of attacking the other spouse after discovering infidelity? Obtaining security clearance is required to make sure you are eligible to access national security information. How can we find out how restraining orders affect security clearance applications? Absent other issues, I wouldn't see this as something that would keep you from final clearance, but it would make it harder to get interim and depending on other behavior could be used to establish a pattern. My husband has abused me physically and emotionally in the past. My current wife filed a domestic violence restraining order on me and then I filed on one on her sometime after in 2018. Are Negligence and Recklessness the Same Thing? Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. My first issue is a family court restraining order I had against an ex I only dated for three months but who stalked/harassed me for almost a year. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. You want to reflect that you have good discretion and judgment when it comes to sex. Restraining orders, often also called protection (or protective) orders, are orders issued by judges that tell people to do or not do certain things. Living in Los Angeles, the term restraining order is often bandied about in the context of celebrities: Celebrity A Gets Restraining Order Against Stalker or Celebrity B Gets Restraining Order Against Aggressive Paparazzo. The tabloids are only too eager to breathlessly report about the latest court filing. For a job that requires the use of a gun, such as in the military, a restraining order can negatively affect employment if it specifies . The government might ask more questions if: Basically any duties that might serve in the conflict of the interests of the U.S. government may disqualify you from security clearance. ranked the #16 law firm in the United States, Super Lawyers Rising Star in Intellectual Property for 2021, owning ClintonKaine.com and hosting his comics there, Defense Office of Hearings and Appeals (DOHA), Legal Mistakes Every Startup Company Should Avoid Making, Protecting Your Business 101: Lawsuits, Cybercrimes, and More. Avvo Rating: 8.2 Military Law Attorney in Savannah, GA Reveal number Private message Posted on Apr 3, 2013 Yes, this may affect his security clearance. The New USPTO Rule: What Do Foreign Trademark Applicants Need to Do With Their Existing Trademarks? The concern for the federal agencies is whether or not the individual is under financial distress. Restraining orders are issued by a court and are intended to keep one person, the "restrained party," away from another, the "protected party," due to a threat of harassment or abuse posed by the restrained party. Even if I am the plaintiff? 11. For example, recent drug use, illegal drug possession or drug dependence. Tom Smith said: Hi all. If you were not currently married to him, previously married with him or living in a romantic relationship in the same domicileit likely does not addressed except under the civil court portion. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for clearance. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. The two biggest factors in determining whether an Order of Protection could be visible on a background check are: (1)Whether the order was ultimately granted; and (2)What kind of background check is being performed. Having a restraining order filed against you, however, is a different story. According to a Washington Post article, some of these clearance holders have used their special access as a security clearance holder to intimidate, control, or prevent their spouses from reporting domestic violence issues to authorities, or from seeking outside help. They're going to red-flag this, because it's going to take a while for the adjudicators to complete the full legal analysis(of what happened between OP and wifey), since domestic issues are complicated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. My restraining order states that proof was shown warranting the order so I know an investigator contacting him is unlikely, but I would like reassurance. In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. Your email address will not be published. Most contracting companies I know won't hire anyone without at least a Secret clearance. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. 5. The most basic (Secret Background Investigation) SBI wi. ClearanceJobs is a DHI service. As I alluded to earlier, the mere fact that you have or hold a restraining order is not necessarily dispositive of a security-related issue. Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information. All of these cases, though in the public record, are anonymous. Are Negligence and Recklessness the Same Thing? Personal conduct In order for a criminal restraining order to issue, the restrained party must generally have been first arrested and/or convicted of a criminal offense. People that hold security clearances are subject to periodic reinvestigation. The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. When a judge determines you have abused your spouse they can take custody of your children away. The assigned security officer is tasked with taking a holistic approach to each applicant. Example: arrests for a sexual related crime. However, the government still needs to safeguard against possible intruders, like spies. Every case like this ended up with the applicant having their security clearance granted, except for one, where the applicant had left an abusive relationship more than five years earlier, but had shown no sign of being able to pay off her debts and get her finances in order. For any number of reasons, you may desire a security clearance, or you may be facing a background check. A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. Before becoming a trademark attorney, he was known for owning ClintonKaine.com and hosting his comics there during the 2016 election, before selling the domain. Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. 703-298-9562, 800-401-1583. The stay-away provisions of the Civil Protection Order can order the Respondent to stay away from a Petitioner's home, vehicle, work, the children's school or child care, and any other relevant place, and can also require limited or no communication between the Respondent and the Petitioner. Handling protected information. It absolutely might. Most importantly you dont want to demonstrate deceptive or illegal financial practices such as employee theft, check fraud, tax evasion, or embezzlement. Bill, I am afraid there is much more to it than that. Amazons Project Zero Means Getting a Trademark Is Now More Important Than Ever, JPG Legal Update: New Attorney, New Space in Dumbo, JPG Legal Is Hiring Its First Associate Attorney, MoMA v. MoMaCha: a Trademark Attorneys Perspective, The Evolution of JPG Legal as a Website and as a Law Firm, The Future of the Trademark Business Model, Trademark Websites Are Lying About the Amazon Brand Registry. Noncompliance with rules, procedures, guidelines or regulations pertaining to information technology systems may raise security concerns about an individuals trustworthiness, willingness, and ability to properly protect classified systems, networks, and information. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Example: felony arrests, multiple misdemeanor arrests or imprisonment for over one year. A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.. You can contact him at info@jpglegal.com. That may seem like a pointless distinction until you consider that not all civil restraining order cases are flattering reflections of the restraining order holder. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. He also tried taking me to small claims court for gifts he gave me while we were dating, however he never even showed up to the court date and it was dismissed. In my case, I was worried about my past use of marijuana. Client Spotlight: Juhn Hits 500 Million Streams for One Song, Software Trademark Guide: Classes and Specimens, Leveraging Social Media To Elevate Your Business Strategy, How To Attract More Customers to Your Business, How To Reinvent and Reinvigorate Your Hiring Strategy. Being abusive in the court's eyes means you are a danger to your child and cannot provide a stable environment. House of Cards If you have a security clearance and you let your spouse manage all of your. An individual must be of unquestioned allegiance to the United States. Obtaining any form of military security clearance demonstrates that the military trusts you with sensitive information even if you need extra clearance for classified information. For assistance with completing your security clearance package for a Department of State investigation or to inquire about the status of your security clearance with the Department of State, you may email the DSS Office of Personnel Security and Suitability Customer Service Center at SecurityClearance@state.gov or call between 8 A.M - 5 P.M . In order for a criminal restraining order to issue, the restrained party must generally have been first arrested and/or convicted of a criminal offense. Keep Or Expunge An Order Of Protection Off Your Record. Outside activities. Do I understand from this that I am supposed to report all civil actions? Learn more about the various security clearance disqualifiers for confidential, secret, and top secret security clearances. There can be mitigating factors such as a particular behavior was not recent, or it was an isolated incident. 12. by Matthew Sanchez | Jun 24, 2021 | Uncategorized. For people who havefiled restraining orders against other people, I have a separate blog post here. Restraining orders in Florida typically prohibit any direct or indirect contact between parties as a way of keeping victims safe from harm. I documented in my court filings that he was nuts, and made insane lies about me and even about himself (falsely claimed he had HIV) to harass me and make my life hell. Criminal conduct. On the day of your hearing, you have the option of requesting a permanent order. 4. The only difference is that top-secret applicants receive more analysis and scrutiny compared to confidential security applicants. The Department of Defense studies the same categories of your personal record as confidential clearance yet with a little more thorough analysis: The following are common security clearance disqualifications: It usually takes 1-3 months to officially receive secret clearance, like confidential status. I was at walmart and changed a price on 3 items one was on clearence for $ 15.00 changed to $ 5.00 the others were clearenced at $3.00 and read more. Even if OP didn't get an active restraining order on him, they'll still look and see if there are any disqualifying issues within that story. Take someone fresh out of college, no military clearance or no clearance at all. Eche is married to Stephanie Eche, an artist and creative consultant. I am happy to discuss possible representation with you. For example, if your job would require you to carry a firearm or get a security clearance, a . It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. The misuse of information technology systems is a fairly new addition to the background investigation with growing technology as well as the advent of social media. Do Not Sell or Share My Personal Information. 10. Step 3: Let the Order Served. Real answers from licensed attorneys. The major steps involved with receiving and maintaining a security clearance are: PRE-INVESTIGATION. Will a restraining order affect an federal employee (FAA)? Two aspects of the military determine your security level: A) your military job (MOS) and B) your assignment. The company I worked for had to let me go . In contrast, the order will show up if the checks are done for military or security clearance purposes. In addition, I have light experimental marijuana usage (3 - 4 times) from three years ago (Im 21 now) and an undocumented alcohol related incident from nearly four years ago, both in college. Foreign influence. The recency may be a problem. A potential client asked me if filing a restraining order against her former live-in partner might somehow affect her chances of renewing her Top Secret-level security clearance. If indeed, you fail the test and are considered a spy, then you should be tried and sent to prison. For the most part, the DOD wants to confirm that you were not dishonest when filling out your security clearance questionnaire. Additionally, the introduction/removal of hardware, software, or media from any information technology system without authorization is a red flag. These are rulings made by administrative judges in cases where the background investigators werent sure what to do, and in cases where rejected applicants have appealed their decisions. Example: multiple security violations. What about: My 17 year old daughter seeks a restraining order against her ex-boyfriend. The State of New Jersey provides protection from domestic violence using restraining orders. Lastly, even those with top-secret clearance sometimes need to apply for more clearance to access classified information. Secondly, the military needs to examine your immediate family members. He is the attorney of record for over 3,000 U.S. trademark registrations. Mental incompetence determined by a mental health professional. 1. 2. You might not see how your financial history ties into serving the military yet the government considers a track record of not meeting financial obligations as irresponsible and untrustworthy. These orders legally forbid a person from having any form of contact with another person, including: Face-to-face visits. Answer (1 of 6): Having been a victim of one of these things, the answer is a resounding YES! My number is 855.MIL.JUST. Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order . Please give Jad a call today at (571) 216-2639 to set up your initial consultation so that he can begin your defense immediately. Do Restraining Orders Impact Security Clearances in Albuquerque, NM? You can contact him at info@jpglegal.com. Those applying for secret security clearance realize that unauthorized disclosure could cause serious damage to national security. Criminal conduct is pretty straightforward. My security clearance was still intact but I was kicked off anyway. If a person has a permanent restraining order against them that is related to domestic violence, that person will not be able to own, possess, or control a firearm, gun or rifle. Eche has been profiled on USA Today, CNBC, CNN Money, NPR's Morning Edition, WIRED, MSNBC, Forbes, the New York Daily News, HLN, CNN Politics, DCist, ABA Journal, Vox.com, CNET, Mic.com, NBC News, Refinery29, the Globe and Mail, and several other news sources. Post your question and get advice from multiple lawyers. What would you suggest she do to obtain one. Attorney Joseph D. Lento and the Lento Law Firm will effectively represent you in a restraining order hearing and defend any related criminal charges. Whether or not this will affect your security clearance is beyond the scope of this forum, (but if I had to guess, I would suspect this is not the type of incident that would raise undue concerns, unlike crimes of dishonesty, drug dealing or other blackmailable type conduct). I had a R.O placed against me for a year. The alcohol issues if it required counselings or arrests will come up. While he never actually served in the US Military, he has a passion for writing about military related topics. I saw several denials of clearance and several approvals. When the person is not a family member, generally just a restraining order is sufficient. Would living abroad for portions of the year exclude someone from a Public Trust clearance. You are in possession of a foreign passport. If it is for an actual security clearance above a basic public trust, the answer is yes. Answer (1 of 4): It depends on what type of background check and what company or agency or entity of the local, regional, state and federal government. Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. Related: Search for security clearance jobs. An incident report is a report submitted to the agency notifying it of a developed circumstance which could affect your continued eligibility to hold a security clearance. 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Make sure you are eligible to access classified information ( MOS ) and B ) your military job ( )! Make sure you are eligible to access classified information be of unquestioned allegiance to the United States Protection domestic! Applying for secret security Clearances Join 4,500+ subscribers who get free branding and growth advice from multiple.., recent drug use, illegal drug possession or drug dependence is investigated show up if checks... ( SAP ) is required to make sure you are eligible to access information. Multiple misdemeanor arrests or imprisonment for over one year of one of these cases, though in public... Officer is tasked with taking a holistic approach to each applicant are eligible to access national security for a..
will a restraining order affect my security clearance