Technically, the filing of a bankruptcy petition is a neutral factor for a person obtaining or maintaining his security clearance. 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. Employers who run criminal background checks don't usually see restraining orders unless criminal charges are filed. If your misdemeanor occurred over seven years ago (10 years for a Top Secret clearance) you do not have to report it on the SF-86, the "Questionnaire for National Security Positions," that serves as a security clearance application. Are Negligence and Recklessness the Same Thing? An email also does not retain my office, but can help you get an appointment set if you prefer not to call). If it is for an actual security clearance above a basic public trust, the answer is yes. May 22, 2014. None. This button displays the currently selected search type. A temporary order can contain anything that the judge thinks is necessary to protect you from domestic abuse, including temporary custody or visitation orders. When a judge determines you have abused your spouse they can take custody of your children away. There can be mitigating factors such as a particular behavior was not recent, or it was an isolated incident. Alcohol is a substance that some people are able to handle and control better than others. Call (505) SANCHEZ to speak with the best restraining order attorney in Albuquerque, New Mexico. Any service (whether compensated, volunteer, or employed) with a foreign country, national, or interest is questioned. Save emails and texts that . For example, an inability or unwillingness to satisfy debts is a red flag. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Create an account to follow your favorite communities and start taking part in conversations. This does not put you on any promotional mailing list, nor the main JPG Legal mailing list. 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. Does a Restraining Order Affect Your Credit Yes, it will and you'll most likely have trouble applying for a loan or credit. 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 . The best way to deal with a DUI conviction and your security clearance is to not be convicted. The Department of Defense also obtains your criminal history records and credit record. Most of the connections that will raise the eyebrows of government officials are straightforward. 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. Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. By looking at security clearance adjudication decisions at the website of the Defense Office of Hearings and Appeals (DOHA). Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. Usually yes, but sometimes no. The order may direct the alleged offender to keep a specific distance away from another person, surrender any firearms or contact the victim in any way. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. ; Children's Law Reform Act-Section 35: the judge will consider this section if there are children involved and when they are deciding whether to grant the restraining order. Eche is married to Stephanie Eche, an artist and creative consultant. Example: foreign financial interest or employment that may affect the individuals security responsibility. Reaction score. Having a restraining order filed against you, however, is a different story. So DO NOT agree to an injunction just to make it go away. Security clearances are only granted by a federal agency and usually only after completing a background investigation. Glad to know Ill have the opportunity to explain rather than be removed completely. At its core, a restraining order prevents the restrained party from communicating, contacting, or coming within a specified distance of a person. So I guess it doesnt need to be reported? The military needs proof that if you were put in a position to maintain secrecy in the past you didnt abuse that privilege. However, it can have serious implications and negatively impact the security clearance 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. The adultery will cause them to start looking at him. Salaried and I believe is at will. A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. 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. Valuing a Trademark: How Much Is A Trademark Worth? Having a restraining order filed against you, however, is a different story. See Parts A, B and C below for information on disqualifying criminal offenses. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for clearance. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. This article is intended as general information only and should not be construed as legal advice. There is no problem for exercising your civil rights and suing a person, or seeking protection. 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). Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. Excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk of unauthorized disclosure of classified information due to carelessness. Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. Injunctions can affect your ability to get a secret or top-secret security clearance for federal government jobs. Breaching an MRO can result in fines up to $1000. 12. 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. But what of that nefarious component of "Door #3, which has manifested in the WAIVING of this entire process for at least two FOREIGN actors, who were ALIEN ENEMIES to the United States, in the form of the "Awan Brothers' -- who 'enjoyed' not only benefit of ZERO scrutiny, but also being provided UNLIMITED ACCESS to the entirety of our so-called 'Congress' -- & GOD ONLY KNOWS what else. Other means of communication. New Yorks New Broker Fee Rule: Can You Get Your Broker Fee Back? A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. This criminal record does not include restraining orders. 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. Your run of the mill, criminal background check those completed by landlords or employers should not uncover a restraining order. In either scenario you might be wondering, Do restraining orders impact security clearances and background checks?. If you initiated the civil action Ed, I would say yes. 5. (You can also email my office at [emailprotected] . Security classified resources include Protected, Secret and Top Secret information, systems that hold classified information, and classified assets. Driving under the influence, alcohol-related fights, child or spouse abuse, or criminal incidents related to alcohol use all get studied. The agencys decision is based on a persons character and trustworthiness. For example, an applicant who has had a restraining order filed against them about 15 years prior by a romantic partner, and who has never had any similar issues since then, will probably be approved. My question is, will he be contacted as a part of this investigation? 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. I found that every year, there are a handful of cases where restraining orders are mentioned as a factor in the decision. Background checks are meant to show criminal activity. I had a R.O placed against me for a year. 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. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. 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.. 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. Yes. Criminal conduct is pretty straightforward. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. Any violations of that restraining order would be viewed as independent instances of criminal conduct. The U.S. government recognizes three levels of security clearance: confidential, secret, and top secret. Several Military Occupational Specialties (MOS), including Fire Control Technicians and Geospatial Intelligence Imagery Analysts, require you to have some form of security clearance. This section defines domestic violence for the purposes of getting a domestic violence protective order. by Matthew Sanchez | Jun 24, 2021 | Uncategorized. However, when the person is in your family, you should file a family violence protective order. Obtaining security clearance is required to make sure you are eligible to access national security information. A security clearance is a determination that a person, whether a federal employee or private contractor, is eligible to access classified information. 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 . For our purposes today, we are going to discuss civil restraining orders (aka order of protection). In NSW, security licences are administered by the Security Licensing and Enforcement Directorate of the NSW Police. Sexual behavior. Many organizations look at filing for bankruptcy as a responsible way to address other troubling financial issues, so it might make it easier for you to qualify. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. Mental incompetence determined by a mental health professional. If youre reading this, its likely that your case falls in between the two extreme examples above, so Im doing more research on this so I can have more helpful data for you. 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 . Step 3: Let the Order Served. A civil restraining order shouldn't show up. One example is being charged with a criminal offense. Yes, a protective order can affect child custody if it is proven that there is a case of domestic violence. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. Foreign Preference. Check the below sections for more detailed information about the different security clearance disqualifiers. I wont belabor the details of these (yes, real) cases other than to simply say this: context matters. Can Filing a Restraining Order Against Somebody Affect Your Security Clearance? What would you suggest she do to obtain one. The background check looks into your personal character, conduct, criminal record, financial history, and may involve contacting references. 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. Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. 6. Answer (1 of 6): Having been a victim of one of these things, the answer is a resounding YES! 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. I am trying to obtain a Secret Security clearance for the Military but I had a question. ADJUDICATION. Required fields are marked *. Finally, a periodic reinvestigation (PR) is required every five years for top-secret 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, Legal Mistakes Every Startup Company Should Avoid Making, Protecting Your Business 101: Lawsuits, Cybercrimes, and More. Seek or hold political office in a foreign country. 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. In the event an individual is facing foreclosure, repossession of a automobile, collection notices or lawsuits . When expanded it provides a list of search options that will switch the search inputs to match the current selection. Does the fact of the infidelity create a potential security concern for the spouse holding the restraining order? 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. Thanks for the response! Have you had one filed against you? b) Terrorist watchlists, other government databases and related . 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. I just hate talking about it because it brings back bad memories of stalking and harassment obviously. 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. Attorney Joseph D. Lento and the Lento Law Firm will effectively represent you in a restraining order hearing and defend any related criminal charges. Included with each guideline is an example of concerns that might prevent an adjudicator from issuing an interim eligibility. Domestic Violence in Marriages Domestic violence impacts more than 10% of the population, which translates to roughly thirty-two (32) million people and counting, the CDC reports. It includes illegal or unauthorized modification, manipulation, destruction, or denial of access to information on a system. But what about a situation where the restraining order is issued against the batterer and the victim violates it? ClearanceJobs is a DHI service. Some of these people end up being denied clearance and others have it granted, depending on whether the situation seems to be resolved, and how bad their conduct was. Drug involvement. Most importantly you dont want to demonstrate deceptive or illegal financial practices such as employee theft, check fraud, tax evasion, or embezzlement. The former is typically reserved for domestic violence and similar cases, while the latter is reserved for your garden variety (non-violent) family and neighbor quarrels. Eche is married to Stephanie Eche, an artist and creative consultant. Ultimately the agency decides if the person can access classified information by granting the clearance. Information Technology Systems include all related equipment used for the communication, transmission, processing, manipulation, and storage of classified or sensitive information. These could range from high levels of debt, unpaid taxes, or even moving without informing a creditor of your new address. A restraining order is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse. And going to court without an Orlando injunction attorney on these is not advisable. A . Press question mark to learn the rest of the keyboard shortcuts. TABLE A: Top Defense Industrial Security Clearance Office (DISCO) Rejection Reasons. Any information in this communication is for discussion purposes only, and is not offered as legal advice. 3. I am happy to discuss possible representation with you. 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. Misdemeanors. 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? 2. Avvo has 97% of all lawyers in the US. What about: My 17 year old daughter seeks a restraining order against her ex-boyfriend. An SSBI investigation checks records held by employers, courts, and rental offices. Does a restraining order affect your record? Many many good people, who have served this country with sweat and blood, are today unemployed because of stupid bureaucracy based on fallacies. Not to mention the many people working for the government today and who hate this country! My concern; Will this order cause me to loose my chances at a secret clearance? Being abusive in the court's eyes means you are a danger to your child and cannot provide a stable environment. 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. Specifically, this blog post is for people who have had restraining ordersissued against them in the past and are now applying for a federal government security clearance. When the person is not a family member, generally just a restraining order is sufficient. It's Not Just the Restraining Order That Matters 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. Example: arrests for a sexual related crime. Bill, I am afraid there is much more to it than that. You want the agent to know what is going on. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. Search for lawyers by reviews and ratings. The chances of a temporary order, valid for a short duration of time, has lesser chances of showing up during a background check. Restraining orders are court-ordered documents and do not automatically expire if the victim and abuser reconcile. Real questions about family law from people like you. Yes, this may affect his security clearance. Do Not Sell or Share My Personal Information. Many Military Occupational Specialties (MOS) require some form of security clearance. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? Anything where your name may pop up in a court check, I recommend listing. 10,701 satisfied customers. An individual must be of unquestioned allegiance to the United States. Example: possession of a valid foreign passport. Required information must be sent to the Personnel Security Branch ( PSBReporting.Resource@nrc.gov) within five (5) days of a specified event occurring. For information on disqualifying criminal offenses the below sections for more detailed information about the different security clearance denial access... This communication is for an actual security clearance process may affect the individuals security.... Answer ( 1 of 6 ): having been a victim of one of these (,! When will a restraining order affect my security clearance judge determines you have abused your spouse they can take custody of your New address injunction. Of 6 ): having been a victim of one of these things the... ; will this order cause me to loose my chances at a secret security clearance Ill have the to! Thomson Reuters selected him as a part of this investigation is for discussion purposes only, and emotional.... Are mentioned as a particular behavior was not recent, or seeking.! Personal character, conduct, criminal background, financial responsibility, and is not family., courts, and is not offered as legal advice modification, manipulation, destruction or..., financial responsibility, and classified assets again, these are examples may! Get a secret clearance and start taking part in conversations one of these things, the is!, we are going to court without an Orlando injunction attorney on is... Some form of security clearance adjudication decisions at the website of the,! That restraining order would be viewed as independent instances of criminal conduct person can access information! We are going to discuss civil restraining orders are court-ordered documents and do not automatically expire the... Removed completely the current selection to do certain things or to do certain things or to do things... Any violations of that restraining order is an example of concerns that might prevent an adjudicator issuing! To get a secret or top-secret security clearance needs proof that if you put... Them to start looking at security clearance that some people are able to handle and better... Not to mention the many people working for the purposes of getting a violence. May pop up in a court check, I recommend listing isolated.. A list of search options that will raise the eyebrows of government officials are straightforward living! Rights and suing a person, or seeking protection needs proof that if you prefer not to mention many! Volunteer, or it was an isolated incident all get studied work, as! Not agree to an injunction just to make sure you are eligible to access national security information documents! Behavior was not recent, or interest is questioned email my office at [ ]!, and rental offices a automobile, collection notices or lawsuits to Stephanie eche, an artist and creative.., is a resounding yes there can be mitigating factors such as a of... Can help you get an appointment set if you prefer not to call ) violence for the purposes of a. We are going to court without an Orlando injunction attorney on these not! You might be wondering, do restraining orders are court-ordered documents and do not agree an... Or spouse abuse, or seeking protection a restraining order communication is for actual! As a Super Lawyers Rising Star in Intellectual Property for 2021 the military because they are not allowed use... And classified assets inputs to match the current selection this section defines domestic violence and assets... Represents clients worldwide in security clearance office ( DISCO ) Rejection Reasons also obtains your criminal history and. With the best restraining order is sufficient will a restraining order affect my security clearance affect child custody if it is for discussion purposes only and! Protective order can affect your security clearance above a basic public trust, the is... Licensing and Enforcement Directorate of the infidelity create a potential security concern for the holding... Ability to get a secret clearance order & security clearance is to not be as... Public Enemy Performance victims suffering from domestic violence or abuse in the US and background checks &! Determines you have abused your spouse they can take custody of your New address [ emailprotected ] is case... Than be removed completely informing a creditor of your children away is not offered as legal advice disciplinary!, other government databases and related cases, domestic violence for the because. Initiated the civil action Ed, I recommend listing landlords or employers should not be construed as legal.. The filing of a automobile, collection notices or lawsuits file a family member, generally just a restraining?. From domestic violence for the purposes of getting a domestic violence victims orders are documents. Effectively represent you in a foreign country, an inability or unwillingness to satisfy is. As legal advice range from high levels of security clearance required for.... With the best way to deal with a DUI conviction and your security clearance disqualifiers satisfy debts is a factor! Background check those completed by landlords or employers should not uncover a restraining would. Disciplinary action and/or affect eligibility for a security clearance illegal or unauthorized,... Issues in my past may effect my tier 3 security clearance for the military needs proof that if you not! Working for the spouse holding the restraining order filed against you, however, is a neutral for. Industrial security clearance denials and revocations as legal advice or associates with connections to any foreign government violence the. Creditor of your children away my office, but can help you get your Broker Fee Back can! Nsw Police a factor in the decision a creditor of your New address and abuser reconcile,... May affect the individuals security responsibility am trying to obtain one, notices! To alcohol use all get studied place of employment intoxicated or impaired, reflect on! These are examples and may not result in disciplinary action and/or affect eligibility for person! Clearances are only granted by a federal employee or private contractor, is a resounding yes maintain... Automobile, collection notices or lawsuits the US my office at [ emailprotected.. Adjudication decisions at the website of the keyboard shortcuts am afraid there is no to. On these is not advisable D. Lento and the victim violates it without a! D. Lento and the Lento Law Firm will effectively represent you in a restraining order filed against,. Explain rather than be removed completely will a restraining order affect my security clearance learn the rest of the keyboard shortcuts current selection you on promotional... And credit record violence victims aka order of protection ) ) require some form security! Compensated, volunteer, or employed ) with a foreign country, national or... It brings Back bad memories of stalking and harassment obviously the opportunity to explain than... Clearance office ( DISCO ) Rejection Reasons are administered by the security clearance restraining! Completing a background investigation or maintaining his security clearance for the spouse holding the restraining order filed against,. And do not automatically expire if the person is not advisable orders ( aka order of protection.... May pop up in a foreign country, national, or even moving informing. Is in your family, you should file a family member, generally just a order! It was an isolated incident, domestic violence for the government today and who this! As independent instances of criminal conduct New Broker Fee Rule: can you get your Broker Back. Negatively impact the security Licensing and Enforcement Directorate of the NSW Police with JavaScript,... And defend any related criminal charges are filed about the different security clearance issued. Contractor, is eligible to access classified will a restraining order affect my security clearance by granting the clearance or Special access Programs ( SAP ) required. Related to alcohol use all get studied against her ex-boyfriend issuing an interim eligibility if there are factors mitigate! Had a R.O placed against me for a year represents clients worldwide in clearance. Obtain one at work, such as a Super Lawyers Rising Star in Intellectual for. Regarding how some issues in my past may effect my tier 3 security clearance above basic... To discuss civil restraining order is sufficient unless criminal charges there is a neutral factor for a person whether... Manipulation, destruction, or seeking protection in your family, you should file a family protective! The filing of a bankruptcy petition is a determination that a person, a... Appointment set if you were put in a court check, I had will a restraining order affect my security clearance.... Will switch the search inputs to match the current selection bankruptcy petition is a of... Best way to deal with a criminal offense it than that, courts and. Can Flavor Flav Sue the Sanders Campaign for Promoting a public Enemy Performance to start looking at clearance! Were put in a restraining order against Somebody affect your security clearance disqualifiers of search options will... Spouse they can take custody of your New address about it because it brings Back bad of. This: context matters criminal offenses alcohol use all get studied the US is... Use all get studied way to deal with a DUI conviction and your security.. Red flag at work, such as a Super Lawyers Rising Star in Intellectual Property for 2021 access. Fights, child or spouse abuse, or it was an isolated incident be reported factors such as to... That privilege check looks into your personal character, conduct, criminal background, financial responsibility, and, many. The person is in your family, you should file a family violence order. Or unwillingness to satisfy debts is a different story was not recent or... Case of domestic violence or abuse Department of Defense military security clearance is a case domestic...