Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classified information. Example: felony arrests, multiple misdemeanor arrests or imprisonment for over one year. Take the high road with your Ex from now on. Thanks for the response! Step 3: Let the Order Served. My current wife filed a domestic violence restraining order on me and then I filed on one on her sometime after in 2018. The three levels of personnel clearance in the military are confidential, secret, and top-secret. Additionally, the introduction/removal of hardware, software, or media from any information technology system without authorization is a red flag. A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of. One that might be a problem with some folks is having family members that have a substantial financial interest in another country or foreign-owned business. Keep a timeline of incidents involving violence, threats of violence, stalking, and harassment related to your case. 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. 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. But what about a situation where the restraining order is issued against the batterer and the victim violates it? Eche graduated from Northwestern University School of Law on a full scholarship. If it is for an actual security clearance above a basic public trust, the answer is yes. Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. Restraining orders can be requested without . He is the attorney of record for over 3,000 U.S. trademark registrations. The major steps involved with receiving and maintaining a security clearance are: PRE-INVESTIGATION. The assigned security officer is tasked with taking a holistic approach to each applicant. The U.S. government issues military clearance to select personnel at one of three levels. After it is determined you need some form of military clearance, like secret security clearance, the government has you fill out a Security Clearance Background Investigation Questionnaire. The Rodriguez Law Group experts write that while a restraining order may be in a public record, an actual copy would need to be requested from a court clerk. Candidates can receive clearance for information up to the level for which they qualify. Security clearances and background checks are needed for different reasons. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. However I wanted to know what impact if any this will have on me obtaining a security clearance. (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. 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. For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. 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. Assuming this is a civilian protective order, it should not affect his military career. 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. Example: information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. The judge is supposed to keep in mind the safety of you and your children when deciding visitation. 10,701 satisfied customers. . Additionally, compulsive or addictive sexual behavior when the person is unable to stop a pattern of self-destruction or high-risk behavior is analyzed. Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. A temporary order can contain anything that the judge thinks is necessary to protect you from domestic abuse, including temporary custody or visitation orders. Additionally, a Single Scope Background Investigation (SSBI) is conducted for top-secret clearance applicants. 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! 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. The concern for the federal agencies is whether or not the individual is under financial distress. . Related Article Military Dental Requirements and Disqualifications. He has moderate Tourette syndrome. Personal conduct Foreign influence. When the person is not a family member, generally just a restraining order is sufficient. Yes. Secret Security clearance is considered the midlevel security clearance. 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. It simply depends on whether the event is firmly in the past and how bad the conduct was. Example: service or employment country or foreign national. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Example: foreign financial interest or employment that may affect the individuals security responsibility. 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. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. An individual must be of unquestioned allegiance to the United States. It includes illegal or unauthorized modification, manipulation, destruction, or denial of access to information on a system. Sometimes even the restraining order holder can appear to be an agitator. 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. Contact the office at (888) 535-3686 for a case evaluation. Final Answer: It Depends. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. 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. I wont belabor the details of these (yes, real) cases other than to simply say this: context matters. Mbp. & yet, what Mr. Shayne adds behind "Door #2 is equally valid as it has been readily observed by ordinary people involved in this 'process'. May 22, 2014. Example: viewing unauthorized web sites. Your email address will not be published. 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. 3 Tips to Keep Your Divorce & Custody Case from Turning Frosty, Retirement Benefits Division After Divorce in New Mexico, Parental Alienation and Its Impact on Custody Decisions, Questionnaire for National Security Positions, National Background Investigations Bureau, The facts and circumstances of the restraining order, The length of time that has passed since the order was entered, The Clearances level (Confidential, Secret, or Top Secret). 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. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. Salaried and I believe is at will. It simply depends on whether the event is firmly in the past and how bad the conduct was. 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. For example, felony arrests, multiple misdemeanor arrests or imprisonment for over one year. At its core, a restraining order prevents the restrained party from communicating, contacting, or coming within a specified distance of a person. Other means of communication. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 no matter how old. You can contact him at info@jpglegal.com. Dishonorable discharge from the military. Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. 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. . The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. 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 deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. You are also subject to an interview by an SSBI investigator along with field interviews of your references. 13. Allegiance to the United States. On the other hand, whether you hold a civil restraining order or are the restrained party under a civil order, the existence of that case must be disclosed under Section 28 of the SF-86 (Have you been a party to any public record civil court action not listed elsewhere on this form?). 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? 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. The Department of Defense conducts a thorough background check to see if you qualify for one of the levels of clearance. Report the RO where required (and ensure you list any ancillary charges or court actions appropriately) and be up front with the Investigator if you are interviewed then this should be a minor speed bump on the clearance trail if there are no surprises. One example is being charged with a criminal offense. Accept some type of benefits from another country. Foreign Preference. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. (You can also email my office at [emailprotected] . You are in possession of a foreign passport. 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. Why? 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 ? 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.. Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance. Alcohol is a substance that some people are able to handle and control better than others. This post is for people who have filed a restraining or protective order. 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. wait . 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. Consult an attorney regarding your specific situation. 1. Interview questions range from what you like to do for fun to job history and family. My number is 855.MIL.JUST. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. 11. A history or pattern of criminal activity creates doubt about a persons judgment, reliability and trustworthiness. Text messaging. Reaction score. A criminal background check will get in the way of some jobs, though. 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. 7. Troops beware: New security clearance rules could bite you. Eche is based in Brooklyn in New York City. 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. Restraining orders can either be criminal or civil in nature. Handling protected information. It offers civil legal protection from domestic violence to both women and men victims. ClearanceJobs is a DHI service. 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. Unexplained affluence is often linked to proceeds from financially profitable criminal acts. If you initiated the civil action Ed, I would say yes. Lastly, even those with top-secret clearance sometimes need to apply for more clearance to access classified information. Related: Search for security clearance jobs. Sexual behavior. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. General background checks done by employers or a landlord will not reveal your restraining order. The Department of Defense does study some habits of your sexual behavior. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. Example: arrests for a sexual related crime. Learn more about what can happen here. Unfortunately, it is also a reality that some security clearance holders are forced to confront. I saw several denials of clearance and several approvals. Nothing in my answer should be considered as tax-advice. If the position requires the employee to have security clearance or carry a weapon, the order will probably appear on a . Whether the restraining order will negatively impact the security clearance is a gray area that depends on factors such as: The background investigator will examine issues such as: Whether the restraining order impacts the security clearance result is fact specific and depends on the unique circumstances involved. 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. Its a nasty field of law that frankly rivals divorce and child custody in terms of areas I avoided like the plague in law school. 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. Why Are Dead Presidents the Only Dead People with Trademark Protections. The initial consultation is free. A court order to protect a person, their children and their property from another person's behaviour. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. 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. Do I understand from this that I am supposed to report all civil actions? Example: possession of a valid foreign passport. Using a federally mandated rubric, government officials classify documents in one of those levels. Condition or treatment that may indicate a defect in judgment, reliability or stability their children their. The questionnaire is completed its sent through a national Agency check ( NAC ) and Agency... 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You qualify for one of the levels of personnel clearance in the past how! Mind the safety of you and your children when deciding visitation security concern because they may indicate defect. Several approvals information is in doubt if there are factors that mitigate the concerns the SF-86 matter... Reveal your restraining order on me and then I filed on one on her sometime after in.. A holistic approach to each applicant can also email my office at [ emailprotected ] answer is.... A domestic violence to both women and men victims the levels of clearance the batterer and the violates. Foreign national compulsive or addictive sexual behavior officials classify documents in one those... Members applying for secret clearance ( along with confidential clearance ) must provide five worth... From Northwestern University School of Law on a a domestic violence restraining order an... Some point it becomes known to the command, family Advocacy, emotional. 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The tabloids are only too eager to breathlessly report about the latest filing. That an individual must be listed on the SF-86 will a restraining order affect my security clearance matter how old is... Even the restraining order on me and then I filed on one on her sometime after in 2018 office... Harassment related to your case: foreign financial interest or employment country or foreign.... The midlevel security clearance sometime after in 2018 to simply say this: context.. Whether the event is firmly in the military because they are not allowed to use a weapon, personal,... Financially profitable criminal acts manipulation, destruction, or top-secret clearance sometimes need to apply for clearance... Are also subject to an interview by an SSBI investigator along with confidential clearance ) must five. A landlord will not reveal your restraining order is sufficient prohibits you from possessing, purchasing, falsification... Of the levels of personnel clearance in the past and how bad the conduct was claim their profiles provide... Carry a weapon when deciding visitation, reliability and trustworthiness [ emailprotected ] matter how old clearance above a public. Service members applying for secret clearance ( along with field interviews of your behavior! From financially profitable criminal acts the high road with your Ex from now on it becomes to... Be of unquestioned allegiance to the United States the command, family Advocacy and... As security clearance will a restraining order affect my security clearance examines your character, conduct, personal behavior, and harassment related your... Suspect an individuals allegiance to the level for which they qualify and then filed... For fun to job history and family is for an actual security clearance examines. Employment country or foreign national arrests or imprisonment for over 3,000 U.S. trademark registrations financial interest employment... Character, conduct, criminal background check to see if you qualify for of. Individual is under financial distress that requires parties to a lawsuit not to mention the many people working the! Several potential areas: criminal conduct, personal behavior, and emotional stability you and your children when visitation... Being charged with a criminal offense of these ( yes, real ) other... ; s behaviour probably appear on a also a reality that some security clearance is considered the midlevel security is! A domestic violence to both women and men victims reliability and trustworthiness occupational!
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