will a restraining order affect my security clearance
How is it possible to have had the highest clearances in the land, to have served your country faithfully and yet be denied clearance on the renewal ? Your personal record is scrutinized more than confidential clearance yet not as thoroughly as top-secret clearance. Text messaging. 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. - It is about time we change the stupid- no common sense rules and unify the clearance process to include all government agencies adopting one standard. Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. Ultimately the agency decides if the person can access classified information by granting the clearance. 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. Restraining orders that are entered in New Mexico can impact security clearances. However, after a temporary restraining order is issued, a permanent restraining order hearing follows. My security clearance was still intact but I was kicked off anyway. Yes. Final Answer: It Depends. Just know that injunctions for protection can have serious consequences. Example: treatment for alcohol abuse. 5. Secondly, the military needs to examine your immediate family members. You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. Laws surrounding a restraining order can differ from one jurisdiction to another. Updated: Nov 30th, 2018 While there are no guarantees, in most instances, bankruptcy won't prevent you from getting or keeping a security clearance. The State of New Jersey provides protection from domestic violence using restraining orders. You can avoid violating your restraining order across state lines by staying informed of your restrictions while traveling. Search for lawyers by reviews and ratings. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other alone. 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. If you find this answer helpful, please mark it here on AVVO as helpful. Most of the connections that will raise the eyebrows of government officials are straightforward. 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. The concern for the federal agencies is whether or not the individual is under financial distress. Today, one can do so with the military but not with the Intel agencies. The chances of a temporary order, valid for a short duration of time, has lesser chances of showing up during a background check. ; 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. Any violations of that restraining order would be viewed as independent instances of criminal conduct. 2. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. An applicant who has had a protective order filed just six months before applying, tied to credible allegations of domestic violence, will likely be rejected. Why Are Dead Presidents the Only Dead People with Trademark Protections. He made my life a living hell and I truly would rather pass on this job than have an investigator open the door up to him harassing me again, as my restraining order has since expired. Having a restraining order filed against you, however, is a different story. REINVESTIGATION. Yes, a protective order can affect child custody if it is proven that there is a case of domestic violence. This button displays the currently selected search type. 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. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Your run of the mill, criminal background check those completed by landlords or employers should not uncover a restraining order. What about: My 17 year old daughter seeks a restraining order against her ex-boyfriend. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. Those applying for secret security clearance realize that unauthorized disclosure could cause serious damage to national security. Tom Smith said: Hi all. 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. You served another country in the military. A foreign preference is comparable to foreign influence. 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. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. Interview questions range from what you like to do for fun to job history and family. Additionally, compulsive or addictive sexual behavior when the person is unable to stop a pattern of self-destruction or high-risk behavior is analyzed. 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 . 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. 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. 4. This criminal record does not include restraining orders. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. An order must be made against a known and named person such as: A specific abusive individual you have had a relationship with A particular family member causing duress Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. 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. 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. A restraining order registered with law enforcement can have serious implications on employment. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. Background checks are meant to show criminal activity. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. Why Are Dead Presidents the Only Dead People with Trademark Protections. An individual must be of unquestioned allegiance to the United States. Real answers from licensed attorneys. Usually yes, but sometimes no. However, when the person is in your family, you should file a family violence protective order. 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. He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). Example: foreign financial interest or employment that may affect the individuals security responsibility. Feel free to call me to discuss. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). It also depends whether you have a criminal or civil restraining order. Related Article Military Dental Requirements and Disqualifications. Emotional, Mental, and Personality Disorders, 12. Having a restraining order filed against you, however, is a different story. How to Come up with a Brand Name: A Lawyers Advice, Amazon Brand Registry Now Accepts Pending Trademark Applications, Our Law Firms Favorite Work-From-Home Gear, Recession Business Good, Sticky Business Better, Our March 2020 Weekly Revenue Numbers Show When Businesses Started Freaking out Around the World, Trademarking a Band or Musician Name: Goods/Services IDs. Firm in the United States by number of federal Trademark applications filed,.... Ultimately the agency decides if the person is unable to stop a pattern self-destruction. Management ) will raise the eyebrows of government officials are straightforward personnel )... 2019, JPG Legal was ranked the # 16 law firm in United... 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