All Rights Reserved. The San Diego Restraining Order Attorney has prepared this guide discussing instances that warrant a permanent restraining order and the process of getting one. Does the fact of the infidelity create a potential security concern for the spouse holding the restraining order? Eche graduated from Northwestern University School of Law on a full scholarship. 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). Criminal restraining orders are usually entered as the condition of release for domestic violence charges. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. Am I supposed to report this? I received my year long restraining order against him a month later in 2017. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. Keep a timeline of incidents involving violence, threats of violence, stalking, and harassment related to your case. Doctoral Degree. You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. Thanks Your email address will not be published. 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. Criminal conduct is pretty straightforward. Why Are Dead Presidents the Only Dead People with Trademark Protections. Are Negligence and Recklessness the Same Thing? Related Article DEVGRU: 7 things you didnt know about SEAL Team 6. & yet, what Mr. Shayne adds behind "Door #2 is equally valid as it has been readily observed by ordinary people involved in this 'process'. Obtaining security clearance is required to make sure you are eligible to access national security information. Take the high road with your Ex from now on. If the court finds that the safety of you or your children will be endangered with unsupervised visitation, the judge should restrict . In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. Here are the top five reasons for security clearance denial: 1. For more information, please visitwww.bigleylaw.com. Usually yes, but sometimes no. If you are named as a "Respondent" in a Protective or Peace Order, you may not know about the traps you could face. This button displays the currently selected search type. Security clearances are only granted by a federal agency and usually only after completing a background investigation. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Improper or illegal involvement with drugs raises questions regarding an individuals willingness or ability to protect classified information. b) Terrorist watchlists, other government databases and related . Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. The agencys decision is based on a persons character and trustworthiness. 4. Handling protected information. 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? That may seem like a pointless distinction until you consider that not all civil restraining order cases are flattering reflections of the restraining order holder. Mental incompetence determined by a mental health professional. We often see cases where another individual has been issued a Temporary Protective Order (TPO) related to alleged domestic violence. I have my freedom. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. There were several cases involving applicants who had been the victims of abusive partners; about 15 (remember, this is from the last ten years). Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. Even an expired restraining order will likely appear within in-depth NBIBs background check. 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. 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. 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 ? Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance. However, the government still needs to safeguard against possible intruders, like spies. Most of the connections that will raise the eyebrows of government officials are straightforward. Injunctions can affect your ability to get a secret or top-secret security clearance for federal government jobs. For our purposes today, we are going to discuss civil restraining orders (aka order of protection). In some states, that could be considered a crime. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. Example: recent drug use, illegal drug possession or drug dependence. 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. Possibly record threatening or abusive conversations. For example, recent drug use, illegal drug possession or drug dependence. Accept some type of benefits from another country. 7. 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. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. 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. The Department of Defense conducts a thorough background check to see if you qualify for one of the levels of 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. Laws surrounding a restraining order can differ from one jurisdiction to another. 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. Save emails and texts that . Even though a restraining order is a civil matter, evidence of it may work its way into a person's record and have adverse consequences. For more information, please visit, Booz Allen Supports Digital Transformation for Taxpayers, SAIC Launches Tenjin - a New Data Science Platform, Marijuana Use and Your Security Clearance, www.bigleylaw.com/security-clearance-investigation-records, SF-86 and other Sensitive Data Exposed in U.S. Military Email Spill, The Pentagon is Now Addressing Use of Special Access Program Classification, 10 Defense Contractors Offering Sign-On Bonuses, The Ladder of Incompetence: 5 Reasons We Promote the Wrong People, Security Clearance Application Headed for an Upgrade, Spring Storms Brewing Over Social Media Cases in the Supreme Court, Recruitment Scams on the Rise Following Tech Layoffs, Boeing Wins $1.2 Billion Air Force Contract for the E-7A Rapid Prototype Program, U.S. If, for example, you are a battered woman who obtained a criminal restraining order against your abusive ex-husband, it is almost impossible to conceive of any way in which this could become a security concern. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. The Department of Defense also obtains your criminal history records and credit record. With the new legislation against repeated domestic violence offenders, a breach of a restraining order can be an issue. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. My restraining order states that proof was shown warranting the order so I know an investigator contacting him is unlikely, but I would like reassurance. Years licensed, work experience, education. Included with each guideline is an example of concerns that might prevent an adjudicator from issuing an interim eligibility. I combed through all of these decisions from the past five years to learn how restraining/protective orders are handled. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. Because Im an attorney and know how to interpret judicial rulings, I figure I can help a lot of people in the same boat I was, for a whole range of issues. Step 3: Let the Order Served. These could range from high levels of debt, unpaid taxes, or even moving without informing a creditor of your new address. Outside activities. A foreign preference is comparable to foreign influence. Emotional, mental and personality disorders can cause a significant deficit in an individuals psychological, social and occupational functioning. 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?" The investigation varies based on the level of clearance (Confidential, Secret, Top Secret). And the alcohol was neither, it was a school related incident where I went to the hospital because I drank for the first time and it triggered my IBS badly. 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will a restraining order affect my security clearance