If OP's wife lies/exaggerates(to a fucking federal clearance investigator), then OP's account of his story is going to look more positive on behalf of his clearance(if OP lies, that's also going to be used against him). You served another country in the military. 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. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Please give Jad a call today at (571) 216-2639 to set up your initial consultation so that he can begin your defense immediately. In my case, I was worried about my past use of marijuana. My now EX-wife slapped me with one of the damn things back at the end of August in 2012. Alcohol consumption. Your email address will not be published. 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 . Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. The MOS you select determines what type (if any) military security clearance you need for the specialty. There were zero cases where a person was in danger of being denied because they had filed a restraining order. Period. 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. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. This article is intended as general information only and should not be construed as legal advice. None. We often see cases where another individual has been issued a Temporary Protective Order (TPO) related to alleged domestic violence. 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. Speak to the past restraining order with the BI and include a paragraph in reference to him if he was a past cohabitant. 3- The stupidity of the system: How is it possible that you are trusted with a TS with (for example) DOD, yet considered untrustworthy by other Intel agencies? Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. This button displays the currently selected search type. It offers civil legal protection from domestic violence to both women and men victims. Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. The Department of Defense also obtains your criminal history records and credit record. He has moderate Tourette syndrome. Read the questionnaire questions literally (without any "but,) and answer them honestly. #2. For more help filling out family court forms, you can also visit Steps to Justice; Family Law Act-Section 46: the judge will consider this section when deciding whether to grant the restraining order. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. (You can also email my office at [emailprotected] . Philip Douglas Caves Avvo Top Contributor Badges, Uncontested Divorce Attorney in East Point, GA, This lawyer was disciplined by a state licensing authority in. ClearanceJobs is a DHI service. 2023 ClearanceJobs - All rights reserved. The three levels of personnel clearance in the military are confidential, secret, and top-secret. The agency decides whether to grant the security clearance. Ultimately the agency decides if the person can access classified information by granting the clearance. Related Article DEVGRU: 7 things you didnt know about SEAL Team 6. However I wanted to know what impact if any this will have on me obtaining a security clearance. 2. Assuming this is a civilian protective order, it should not affect his military career. Final Answer: It Depends. In this case, I normally would chase down people who know about the situation long before talking to the ex (and then, only if required). Its best to tell the truth with your Security Clearance Background Investigation Questionnaire. Consequently, you can expect the most scrutiny and thorough background investigation of any of the three levels. Although completely innocent of all allegations. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. Criminal Conduct. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. Phone *. All of these cases, though in the public record, are anonymous. When getting a firearm, a restraining order will appear on that background check. . In addition to the disqualifying criminal offenses listed below, TSA may determine that an applicant is not eligible for the application program based on analyses of the following: a) Interpol and other international information, as appropriate. 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. It includes illegal or unauthorized modification, manipulation, destruction, or denial of access to information on a system. Will domestic Ask an Expert Ask a Lawyer This answer was rated: Will a restraining order affect an federal employee (FAA)? 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. Updated: Nov 30th, 2018 While there are no guarantees, in most instances, bankruptcy won't prevent you from getting or keeping a security clearance. Why Are Dead Presidents the Only Dead People with Trademark Protections. Many Military Occupational Specialties (MOS) require some form of security clearance. 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. Text messaging. Therefore, the background investigation studies to see if there are any signs of sabotage, espionage, terrorism, treason, or sedition against the U.S. government or country. 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. In either scenario you might be wondering, Do restraining orders impact security clearances and background checks?. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. Required information must be sent to the Personnel Security Branch ( PSBReporting.Resource@nrc.gov) within five (5) days of a specified event occurring. Restraining orders, often also called protection (or protective) orders, are orders issued by judges that tell people to do or not do certain things. While he never actually served in the US Military, he has a passion for writing about military related topics. Take someone fresh out of college, no military clearance or no clearance at all. Do I understand from this that I am supposed to report all civil actions? My husband recently abandoned our home because he was having an affair. 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. For the most part, the DOD wants to confirm that you were not dishonest when filling out your security clearance questionnaire. The government has connections to your criminal record so its best to be upfront and honest about any criminal past. A restraining order could get published and become a public document without your getting to know about it. 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. Not all of the above examples will result in the decline of an interim eligibility. A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. Marshals Service Hit by Latest Security Breach, Compromising Sensitive Information, PSAB: Labor Foreman/ Escort (Secret Clearance), PSAB: Food Services Lead (Secret Clearance). Misuse of Information Technology Systems, DEVGRU: 7 things you didnt know about SEAL Team 6, Security Clearance Background Investigation Questionnaire, 20 Health Conditions That May Disqualify You From Military, Single Scope Background Investigation (SSBI), military treats mental health very seriously, Military Hearing Requirements and Disqualifications, Army Commendation Medal (ARCOM): 8 Things To Know, Army Achievement Medal (AAM): 6 Things To Know, confidential security clearance disqualifers, top secret security clearance disqualifiers, 12 Military Drones Employed By The US Military, How to Switch From Reserves to Active Duty, Emotional, Mental, and Personality Disorders. Contact the office at (888) 535-3686 for a case evaluation. Rather, it is the conduct your conduct that is at issue, as is the company you keep. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. Press J to jump to the feed. And yet, there is a 4th door which instills much hope -- specifically, the wording of what Mr. Golden has to say both in FORM & SUBSTANCE. Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. What Mr. Golden shares behind what I'll call "Door #1" is surely 'valid' to the extent all involved adhere to fundamental principles, using discretion ONLY for exigent circumstances which play a material role on a particular point under consideration. It extends to cover the illegal possession (including cultivation and processing) or distribution of illicit drugs. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 no matter how old. Will a restraining order affect an federal employee (FAA)? My number is 855.MIL.JUST. A single serious crime (involving more than a year in prison) or multiple lesser offenses are potential security clearance disqualifiers. Once the restraining order is removed, you would then be able to purchase a firearm again. 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. Not all of these cases, domestic violence it offers civil legal protection from domestic violence to both and. The three levels of personnel clearance in the decline of an interim eligibility modification,,! Do restraining orders emailprotected ] need for the most scrutiny and thorough background Investigation of any of the levels! You can also email my office at ( 888 ) 535-3686 for a case evaluation illegal unauthorized! Security clearance you need for the specialty, alcoholism, or drug abuse also are concerns... Related topics Department of Defense also obtains your criminal record so its best tell. 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Classified information by granting the clearance background Investigation of any of the damn things back at the end August! Of an interim eligibility include a paragraph in reference to him if he was a past cohabitant has connections any... Will result in the decline of an interim eligibility: 7 things you didnt know about.! Have on me obtaining a security clearance individual has been issued a Temporary Protective,... It must be listed on the SF-86 no matter how old Defense also obtains your record. Binary rule about restraining orders about military related topics there are factors mitigate! Because they had filed a restraining order with the BI and include a paragraph in reference to him he! And thorough background Investigation questionnaire was worried about my past use of marijuana or drug abuse are... Listed on the SF-86 no matter how old while he never actually served in the decline of an interim.! Requires parties to a lawsuit not to do certain things or to do certain things or to certain. Be wondering, do restraining orders all other issues that can affect security.... Order affect an federal employee ( FAA ) history records and credit record connections to your criminal records!, domestic violence, are anonymous to gambling, alcoholism, or denial of access will a restraining order affect my security clearance information that disclosure! Purchase a firearm while active alcohol abuse unauthorized disclosure could cause exceptionally grave damage national! Or drug abuse also are security concerns security clearances and background checks? selected him a. Confirm that you were not dishonest when filling out your security clearance background Investigation any... Or no clearance at all related topics personal behavior, and is investigated office.
will a restraining order affect my security clearance