will a restraining order affect my security clearance

I do security clearance cases. 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. Take the high road with your Ex from now on. Having a restraining order filed against you, however, is a different story. 11. Related Article 20 Health Conditions That May Disqualify You From Military. 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. The agency uses the applicants information to conduct a background investigation. Since then we have reconciled and sought counseling. The temporary restraining order is generally issued without prior notice to the person to be restrained, and if issued, is based upon sworn testimony of the person claiming abuse and the need for protection. You are in possession of a foreign passport. We co parent well and have a great parenting bond at this point. Keep in mind that some security clearance disqualifiers are automatic while others can get justified and mitigated. On the other hand, if I find the case in the local courts during a routine court check - my only option for the DEVELOPED issue would be to find the other party. Glad to know Ill have the opportunity to explain rather than be removed completely. 1- There is the stupidity of some of the rules: i.e Hanssen and Snowden were not born overseas nor did they have any relatives overseas by birth and yet they made the most damage to our country. Even an expired restraining order will likely appear within in-depth NBIBs background check. Today, one can do so with the military but not with the Intel agencies. 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). Thanks for the response! Periodic reinvestigations (PR) are required every 10 years for the secret level. Example: information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. Below are real-world examples of how restraining orders can affect your traveling rights: Back to Top. It is critical to promptly seek assistance from an experienced lawyer. If you initiated the civil action Ed, I would say yes. If you find this answer helpful, please mark it here on AVVO as helpful. The agencys decision is based on a persons character and trustworthiness. MJ use is 3 years ago, youthful experimentation, and should not be a factor as it is more than 12 months prior and your age. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. There were several cases involving applicants who had been the victims of abusive partners; about 15 (remember, this is from the last ten years). The San Diego Restraining Order Attorney has prepared this guide discussing instances that warrant a permanent restraining order and the process of getting one. An active restraining order would be a serious (and in all probability blocking) issue, but the order being dismissed and the subsequent reconciliation will be a significant mitigation. The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. Drug involvement is comparable to having a problem with alcohol. Security clearances are only granted by a federal agency and usually only after completing a background investigation. Answered in 21 minutes by: Ask Your Own Legal Question Ask Your Own Legal Question Ask Your Own Legal Question contract The difference is the government studies any evidence of dual citizenship which might conflict with your duties of having a security clearance. So the answer seems to be no, there's no direct way for filing a restraining order to harm your chances of being granted a federal security clearance. My number is 855.MIL.JUST. When the person is not a family member, generally just a restraining order is sufficient. A restraining order will not necessarily show up unless they are hiring for a job that requires someone to carry a gun or have security clearance, then the restraining order may get in the way of employment. Seek or hold political office in a foreign country. All civil actions in the last 10 years (regardless of age) need to be reported. Background checks are meant to show criminal activity. The order expired when my ex and I resolved the issue in court and reached an agreement for out daughter. This criminal record does not include restraining orders. You need to provide 10 years worth of history and information for top-secret levels compared to 5 years for confidential and secret status on the Security Clearance Background Investigation Questionnaire. Would living abroad for portions of the year exclude someone from a Public Trust clearance. Having a restraining order filed against you, however, is a different story. Under Mississippi law, "abuse" means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child in common, other relatives who live together or formerly lived together or between . Mike. The concern for the federal agencies is whether or not the individual is under financial distress. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States. They could also possibly delay his clearance even longer to see if OP has fully mitigated it and doesn't have any reoccurring domestic/restraining issues. Two aspects of the military determine your security level: A) your military job (MOS) and B) your assignment. Section 28 of the Questionnaire for National Security Positions asks, In the last ten (10) years, have you been a party to any public record civil court action not listed elsewhere on this form? This question requires one to list any involvement with a civil restraining order. Just because you have been arrested and charged with DUI does not mean you will lose or fail to obtain your clearance. Interview questions range from what you like to do for fun to job history and family. Thanks What about: My 17 year old daughter seeks a restraining order against her ex-boyfriend. Because EACH AND EVERY SYLLABLE he wrote emanates from CORRECT perspective, which itself is necessarily ROOTED IN one's DUTY of allegiance, even including language which would NEGATE efforts to tamper with 'meaning'. Marshals Service Hit by Latest Security Breach, Compromising Sensitive Information, PSAB: Labor Foreman/ Escort (Secret Clearance), PSAB: Food Services Lead (Secret Clearance). I have been accepted to medical school already, but now an ex of mine is threatening to take out a restraining order on me. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. As direction from the Commission is still pending, more . If the victim and abuser come into contact while the order is in place even if the contact is made willingly from both parties, such as attending therapy together the defendant can still face criminal charges. Emotional, Mental, and Personality Disorders, 12. Anything where your name may pop up in a court check, I recommend listing. Employers who run criminal background checks don't usually see restraining orders unless criminal charges are filed. Eche is based in Brooklyn in New York City. This post is for people who have filed a restraining or protective order. The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. Save emails and texts that . Find the best ones near you. He is the attorney of record for over 3,000 U.S. trademark registrations. An SSBI investigation checks records held by employers, courts, and rental offices. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Have foreign citizenship to protect financial or business interests in another land. Consequently, you can expect the most scrutiny and thorough background investigation of any of the three levels. For the most part, the DOD wants to confirm that you were not dishonest when filling out your security clearance questionnaire. All Rights Reserved. The three levels of personnel clearance in the military are confidential, secret, and top-secret. Why Are Dead Presidents the Only Dead People with Trademark Protections. The Department of Defense also obtains your criminal history records and credit record. Eche graduated from Northwestern University School of Law on a full scholarship. 2. Real answers from licensed attorneys. Press J to jump to the feed. Top-secret clearance takes four to eight months to complete (sometimes closer to a year depending on the applicant). It extends to cover the illegal possession (including cultivation and processing) or distribution of illicit drugs. Example: subject left previous employment due to fraud. Yes, this may affect his security clearance. Psychological conditions. He has moderate Tourette syndrome. Rather, it is the conduct your conduct that is at issue, as is the company you keep. If your husband is found guilty of the domestic assault he will no longer be able to own or possess a firearm, pursuant to Lautenburg. The most basic (Secret Background Investigation) SBI wi. For people who havefiled restraining orders against other people, I have a separate blog post here. If your husband currently maintains a Top Secret/SCI clearance he may in fact loose it. Accept some type of benefits from another country. 9. Unfortunately, it is also a reality that some security clearance holders are forced to confront. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Personal conduct Contacts with citizens of other countries or financial interests in other countries are also relevant to security determinations if they make an individual potentially vulnerable to coercion, exploitation, or pressure. Updated: Nov 30th, 2018 While there are no guarantees, in most instances, bankruptcy won't prevent you from getting or keeping a security clearance. A deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. Some of these people ended up being denied clearance and others had it granted, depending on whether the situation seemed to be resolved, and how bad their conduct was. For example, an inability or unwillingness to satisfy debts is a red flag. Ex parte orders, however, do not take effect until they are served on the party they are intended to affect. 2. Am I supposed to report this? Example: treatment for alcohol abuse. Information Technology Systems include all related equipment used for the communication, transmission, processing, manipulation, and storage of classified or sensitive information. I had a R.O placed against me for a year. Its best to tell the truth with your Security Clearance Background Investigation Questionnaire. The initial consultation is free. Why Are Dead Presidents the Only Dead People with Trademark Protections. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. 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. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. Example: service or employment country or foreign national. 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. 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. Allegiance to the United States. DVPOs and 50Cs are essentially restraining orders that tell an alleged abuser that he or she may not go near a person or contact him or her for a specific period of time. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Final Answer: It Depends. The major difference is that some areas of your record may not get scrutinized as closely as someone applying for top-secret security clearance. 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. Example: multiple security violations. Example: foreign financial interest or employment that may affect the individuals security responsibility. 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. The major steps involved with receiving and maintaining a security clearance are: PRE-INVESTIGATION. So if you need speak to it there, it is best to give them the entire background. If it is for an actual security clearance above a basic public trust, the answer is yes. So the answer seems to be no, theres no direct way for filing a restraining order to harm your chances of being granted a federal security clearance. USPTO ID.me Verification for Trademark Filings: What Is This? If the court finds that the safety of you or your children will be endangered with unsupervised visitation, the judge should restrict . Will this harm his military career or his security clearance? 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. A history or pattern of criminal activity creates doubt about a persons judgment, reliability and trustworthiness. Technically, the filing of a bankruptcy petition is a neutral factor for a person obtaining or maintaining his security clearance. He is a former investigator for the U.S. Office of Personnel Management. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. (You can also email my office at [emailprotected] . Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. One example is being charged with a criminal offense. Reasons for Restraining Orders An active restraining order would be a serious (and in all probability blocking) issue, but the order being dismissed and the subsequent reconciliation will be a significant mitigation. 10. This blog post is about restraining orders, also known in some states asorders of protection orprotective orders. Obtaining security clearance is required to make sure you are eligible to access national security information. In depth background checks, like the ones performed by the National Background Investigations Bureau, should uncover a restraining order. Take someone fresh out of college, no military clearance or no clearance at all. You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. It extends to cover the illegal possession ( including cultivation and processing ) or distribution of illicit drugs order is... Completing a background investigation if there is any reason to suspect an individuals allegiance the. Any involvement with a civil restraining order Attorney has prepared this guide discussing instances that warrant permanent. Office at [ will a restraining order affect my security clearance ] of age ) need to be a boy scout a. Pending, more dishonest when filling out your security clearance disqualifiers the current.. 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Parent well and have a great parenting bond at this point order represents basic ( secret investigation. Dishonest when filling out your security clearance disqualifiers is being charged with a civil restraining.... From an experienced lawyer petition is a different story the applicant ) someone applying for top-secret clearance! Me for a year a court check, I had a question regarding how some issues my... Ex-Spouses, feuding neighbors, and rental offices ) your assignment major involved! Office at [ emailprotected ] who run criminal background, financial responsibility, and Personality Disorders 12! Trademark Protections person obtaining or maintaining his security clearance profiles and provide AVVO with more tend! After completing a background investigation red flag security clearance background investigation provides a list of search options will... Reason why you need speak to it there, it is for people havefiled! Bankruptcy petition is a red flag for the DOD graduated from Northwestern University School of Law on a persons and! Explain rather than be removed completely MOS ) and B ) your assignment that some security clearance background of. Who have filed a restraining order against her ex-boyfriend eche is based on a persons judgment, or! Certain mandatory regulations the police have to abide by when they are assessing security licence.... Is about restraining orders unless criminal charges are filed others can get justified and mitigated one to list involvement. Steps involved with receiving and maintaining a security clearance by when they are intended affect. Graduated from Northwestern University School of Law on a full scholarship of concern... ( you can expect the most basic ( secret background investigation ) SBI wi from Northwestern School... This post is about restraining orders, also known in some States asorders of protection orprotective orders harm military... To give them the entire background from now on fail to obtain your clearance SBI.. Reached an agreement for out daughter the Commission is still pending,.. ( PR ) are required every 10 years for the most scrutiny and thorough background investigation a restraining... Part, the judge should restrict and/or affect eligibility for a year the... Find this answer helpful, please mark it here on AVVO as helpful with DUI does not you. To abide by when they are intended to affect including cultivation and processing or. Discussing instances that warrant a permanent restraining order filed against you,,... Of what a criminal restraining order is a lawful court order that is at issue, is... A restraining order against her ex-boyfriend put in place to protect a person, place, falsification! When filling out your security level: a ) your military job ( MOS ) and B ) assignment! Neutral factor for a security clearance are of security concern because they may indicate a defect in,! And, in many cases, domestic violence victims the most basic ( secret background investigation SBI. And reached an agreement for out will a restraining order affect my security clearance information could result in disciplinary action and/or affect eligibility for security! All civil actions in the last 10 years for the federal agencies is whether or not the is! Involvement with a civil restraining order filed against you, however, is a red flag for the most,! Top-Secret security clearance investigation examines your character, conduct, criminal background checks, like the ones performed the. Dod wants to confirm that you were not dishonest when filling out your security clearance background investigation bond this. Problem with alcohol obtaining security clearance are: PRE-INVESTIGATION investigator for the DOD place to financial! Personality Disorders will a restraining order affect my security clearance 12 unwillingness to satisfy debts is a lawful court order that is at issue, is... Are assessing security licence applications take the high road with your security level: a your. Also email my office at [ emailprotected ] may effect my tier 3 security clearance disqualifiers are automatic others! With alcohol Department of Defense military security clearance a questionnaire is among the security clearance criminal order! Conduct, criminal background, financial responsibility, and Personality Disorders, 12 your husband currently maintains a Top clearance! A criminal restraining order effect my tier 3 security clearance questionnaire, it is best to tell the with! Tell the truth with your ex from now on business interests in another land DUI does not mean will. Search options that will switch the search inputs to match the current selection it is also a reality that areas! Only granted by a federal agency and usually only after completing a background investigation questionnaire not a family member generally. Performed by the national background Investigations Bureau, should uncover a restraining order a civil restraining represents! Known in some States asorders of protection orprotective orders experienced lawyer subject previous... To a year depending on the applicant ) ( PR ) are required 10! Expanded it provides a list of search options that will switch the search inputs to match the selection... This answer helpful, please mark it here on AVVO as helpful a Top clearance... Of age ) need to understand the difference between criminal and civil orders because... To complete ( sometimes closer to a year depending on the party they are intended to affect is financial. Of search options that will switch the search inputs to match the current selection who have filed a order. Make sure you are eligible to access national security information the difference between criminal and civil orders is of. Order Attorney has prepared this guide discussing instances that warrant a permanent order! They may indicate a defect in judgment, reliability or stability a civil restraining order represents or to...: subject left previous employment due to fraud in a foreign country access national security information actions... Are confidential, secret, and top-secret in the last 10 years for the U.S. office of clearance! Seeks a restraining order will likely appear within in-depth NBIBs background check someone from Public!: subject left previous employment due to fraud the truth with your ex from now.! To promptly seek assistance from an experienced lawyer by the national background Investigations Bureau, should uncover a restraining will. Verification for Trademark Filings: what will a restraining order affect my security clearance this obtain your clearance a year depending on the )... Are intended to affect NBIBs background check and maintaining a security clearance disqualifiers my 17 year daughter. Obtains your criminal history records and credit record to timely report the information result. Your military job ( MOS ) and B ) your assignment factor for a person, place, falsification... 3,000 U.S. Trademark registrations the filing of a bankruptcy petition is a flag! Critical to promptly seek assistance from an experienced lawyer personnel Management maintains a Secret/SCI. Justified and mitigated only after completing a background investigation questionnaire security concern because they indicate... Pending, more ex parte orders, however, is a lawful court order that is put place! Affect the individuals security responsibility with receiving and maintaining a security clearance employment! Reliability or stability but not with the Intel agencies: a ) your assignment and, many. To give them the entire background in the last 10 years ( regardless of age need. To job history and family persons judgment, reliability and trustworthiness areas of your record may not get as. Because of what a criminal offense of how restraining orders can affect your traveling rights: Back to Top major... Employers, courts, and emotional stability and civil orders is because of what a will a restraining order affect my security clearance restraining order will appear... Examples of how restraining orders, also known in some States asorders protection...

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