The agency decides whether to grant the security clearance. The State of New Jersey provides protection from domestic violence using restraining orders. I combed through all of these decisions from the past five years to learn how restraining/protective orders are handled. Press question mark to learn the rest of the keyboard shortcuts. Find the best ones near you. Your personal record is scrutinized more than confidential clearance yet not as thoroughly as top-secret clearance. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. . If you find this answer helpful, please mark it here on AVVO as helpful. The judge is supposed to keep in mind the safety of you and your children when deciding visitation. 3. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. Mike. But always best IMHO to be the one telling the BI person about it. Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classified information. Sometimes even the restraining order holder can appear to be an agitator. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. 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. My husband recently abandoned our home because he was having an affair. Attorney Sean M. Bigley represents clients worldwide in security clearance denials, revocations, and the security clearance application process. So if you ever find yourself on either end of a restraining order, think of how your actions will look to an objective third party potentially years down the road. Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Most contracting companies I know won't hire anyone without at least a Secret clearance. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. The difference is the government studies any evidence of dual citizenship which might conflict with your duties of having a security clearance. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish). You can contact him at info@jpglegal.com. Perhaps even you already have a Public Trust or Secret security clearance and your next job requires you upgrade to some level of Top Secret. Rather, it is the conduct your conduct that is at issue, as is the company you keep. Unfortunately, it is also a reality that some security clearance holders are forced to confront. 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. Most importantly you dont want to demonstrate deceptive or illegal financial practices such as employee theft, check fraud, tax evasion, or embezzlement. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. We co parent well and have a great parenting bond at this point. Adapted from DSS Guidlines, below are some of the things that will be considered in you getting your Top Secret security clearance. They are all for male applicants who have had restraining orders filed against them. Copyright 2023 www.OperationMilitaryKids.org. Ex parte orders, however, do not take effect until they are served on the party they are intended to affect. For the most part, the military uses the same criteria for judging eligibility with the three levels. He is a former investigator for the U.S. Office of Personnel Management. If, for example, you are a battered woman who obtained a criminal restraining order against your abusive ex-husband, it is almost impossible to conceive of any way in which this could become a security concern. How can we find out how restraining orders affect security clearance applications? This criminal record does not include restraining orders. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. This does not put you on any promotional mailing list, nor the main JPG Legal mailing list. 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. (SOR can still happen, and it's a pain to appeal), Also, if both of them can't resolve this issue as an civilized adult, then it's going to be near impossible for OP to have it mitigated. Eche is based in Brooklyn in New York City. It extends to cover the illegal possession (including cultivation and processing) or distribution of illicit drugs. I wont belabor the details of these (yes, real) cases other than to simply say this: context matters. Psychological conditions. Have foreign citizenship to protect financial or business interests in another land. REINVESTIGATION. 5. The recency may be a problem. This article is intended as general information only and should not be construed as legal advice. 4. The day-to-day reality of restraining orders is far more distasteful. For example, possession of a valid foreign passport. 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. The same is true regarding a pattern of high risk, aggressive, irresponsible, or emotionally unstable behavior. Avvo has 97% of all lawyers in the US. Keep a timeline of incidents involving violence, threats of violence, stalking, and harassment related to your case. 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. Although completely innocent of all allegations. All civil actions in the last 10 years (regardless of age) need to be reported. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. 5. A TPO in Georgia definitely may affect his career and security clearance, and you should be discussing this with your lawyer to determine a strategy that is best for you. If your husband currently maintains a Top Secret/SCI clearance he may in fact loose it. In some states, that could be considered a crime. Example: arrests for a sexual related crime. Employment. In my case, I was worried about my past use of marijuana. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Additionally, a Single Scope Background Investigation (SSBI) is conducted for top-secret clearance applicants. Finally, a periodic reinvestigation (PR) is required every five years for top-secret security clearance. Any illegal or unauthorized entry into information technology systems is a security clearance disqualifier. . If you are named as a "Respondent" in a Protective or Peace Order, you may not know about the traps you could face. Criminal conduct is pretty straightforward. Seek or hold political office in a foreign country. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. My question is, will he be contacted as a part of this investigation? 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. Have you had one filed against you? Security clearance qualifiers get established by the Department of Defense to make sure the service member is capable and trusting of not disclosing sensitive information. These situations could create the potential for foreign influence that could result in the compromise of classified information. 6. An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Click here for more information on the order of protection process. Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. I looked through the last ten years of DOD security clearance adjudication decisions decisions that are made in cases ambiguous enough that they have to be decided by an administrative judge and here is what I found:There were a handful of cases where restraining orders were mentioned as a factor in the decision, but they were all for male applicants who had had restraining orders filed against them. Even though a restraining order is a civil matter, evidence of it may work its way into a person's record and have adverse consequences. Yes, a protective order can affect child custody if it is proven that there is a case of domestic violence. 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. Any information in this communication is for discussion purposes only, and is not offered as legal advice. For example, if your job would require you to carry a firearm or get a security clearance, a . 1. Can Filing a Restraining Order Against Somebody Affect Your Security Clearance? Unless a restraining order is breached, it will not appear on your criminal record. Keep Or Expunge An Order Of Protection Off Your Record. Reasons for Restraining Orders My initial reaction was that the answer is almost definitely no, but the question managed to spark my curiosity about the idea of the filing of a restraining order impacting a persons security clearance. Are Negligence and Recklessness the Same Thing? The adultery will cause them to start looking at him. 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.. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Take the high road with your Ex from now on. 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. The Department of Defense conducts a thorough background check to see if you qualify for one of the levels of clearance. He has moderate Tourette syndrome. You should contact the police by calling 000 if you are in immediate danger or if you feel unsafe. 2023 ClearanceJobs - All rights reserved. (You can also email my office at [emailprotected] . 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