Trademark Renewal Timeline: How Often Do You Have To Renew? Once the restraining order is removed, you would then be able to purchase a firearm again. Can Filing a Restraining Order Against Somebody Affect Your Security Clearance? Restraining orders that are entered in New Mexico can impact security clearances. 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). If you find this answer helpful, please mark it here on AVVO as helpful. You are also subject to an interview by an SSBI investigator along with field interviews of your references. Will a restraining order affect an federal employee (FAA)? Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. Now that you have a solid foundation of the three different security levels (confidential, secret, and top-secret), lets study the specific security clearance disqualifiers in more detail. Ex parte orders, however, do not take effect until they are served on the party they are intended to affect. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. In my case, I was worried about my past use of marijuana. 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. Foreign Preference. The major steps involved with receiving and maintaining a security clearance are: PRE-INVESTIGATION. It absolutely might. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. #2. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. Salaried and I believe is at will. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. 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. There are four different types of restraining orders: Domestic Violence Restraining Order 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. While he never actually served in the US Military, he has a passion for writing about military related topics. It includes illegal or unauthorized modification, manipulation, destruction, or denial of access to information on a system. I received my year long restraining order against him a month later in 2017. 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. Eche is married to Stephanie Eche, an artist and creative consultant. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. There were several cases involving applicants who had been the victims of abusive partners; about 15 (remember, this is from the last ten years). There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. My name is included on the order so that the young man isnt allowed to start driving past my house. Thanks very much for that information, Bill! A history or pattern of criminal activity creates doubt about a persons judgment, reliability and trustworthiness. However, everyone makes mistakes which means if you can prove youve learned from your past and your current track record is much stronger you could receive a waiver. The Department of Defense does study some habits of your sexual behavior. Accept some type of benefits from another country. Criminal restraining orders are usually entered as the condition of release for domestic violence charges. Thank you for your information Bill. You can avoid violating your restraining order across state lines by staying informed of your restrictions while traveling. 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 . In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. This criminal record does not include restraining orders. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. 2- The stupidity of some of the people making the decision of granting you a clearance. Those applying for secret security clearance realize that unauthorized disclosure could cause serious damage to national security. I just hate talking about it because it brings back bad memories of stalking and harassment obviously. Noncompliance with security regulations raises doubt about an individuals trustworthiness, willingness and ability to safeguard classified information. 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. 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 . Below are real-world examples of how restraining orders can affect your traveling rights: Back to Top. Yes, a protective order can affect child custody if it is proven that there is a case of domestic violence. He has moderate Tourette syndrome. A place to ask questions and share advice about the security clearance process. Improper or illegal involvement with drugs raises questions regarding an individuals willingness or ability to protect classified information. Does a Restraining Order Go on My Record? The concern for the federal agencies is whether or not the individual is under financial distress. Obtaining security clearance is required to make sure you are eligible to access national security information. 4- How is it that after passing all the lifestyle polys, you are still denied clearance? For people who havefiled restraining orders against other people, I have a separate blog post here. Mental incompetence determined by a mental health professional. The day-to-day reality of restraining orders is far more distasteful. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. A restraining order is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse. 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?). Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. 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. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. 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. Breaching an MRO can result in fines up to $1000. Reaction score. Does a Restraining Order Affect Your Credit Yes, it will and you'll most likely have trouble applying for a loan or credit. However I wanted to know what impact if any this will have on me obtaining a security clearance. Usually yes, but sometimes no. You can contact him at info@jpglegal.com. 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. Just know that injunctions for protection can have serious consequences. 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. You must sign a waiver granting the government the right to access any of your records, including medical records, juvenile records, expunged records, or sealed records. 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. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. Allegiance to the United States. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. 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. 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. 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. These situations could create the potential for foreign influence that could result in the compromise of classified information. A deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. Secondly, the military needs to examine your immediate family members. 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). An SSBI investigation checks records held by employers, courts, and rental offices. Alcohol is a substance that some people are able to handle and control better than others. 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. 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. Security clearance qualifiers get established by the Department of Defense to make sure the service member is capable and trusting of not disclosing sensitive information. They could also possibly delay his clearance even longer to see if OP has fully mitigated it and doesn't have any reoccurring domestic/restraining issues. Example: information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. Eche is based in Brooklyn in New York City. A security clearance investigation examines your personal conduct for a reason. 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. Handling protected information. As outlined in the Restraining Orders Act 1997, the penalty for breach of a VRO is a fine of up to $6,000, and imprisonment for up to two years or both. 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. Valuing a Trademark: How Much Is A Trademark Worth? The Department of Defense also obtains your criminal history records and credit record. 13. A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. Create an account to follow your favorite communities and start taking part in conversations. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. 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. Financial Considerations. Lastly, even those with top-secret clearance sometimes need to apply for more clearance to access classified information. 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. Here are the top five reasons for security clearance denial: 1. 2. My husband has abused me physically and emotionally in the past. Press question mark to learn the rest of the keyboard shortcuts. The recency may be a problem. 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. We had a bad breakup. Foreign influence. It's a very good point of view. My current wife filed a domestic violence restraining order on me and then I filed on one on her sometime after in 2018. Unfortunately, it is also a reality that some security clearance holders are forced to confront. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 no matter how old. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. Outside activities. 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. Assuming this is a civilian protective order, it should not affect his military career. Years licensed, work experience, education. IntelligenceCareers.comaka USADefenseIndustryJobs.com. Example: felony arrests, multiple misdemeanor arrests or imprisonment for over one year. I don't believe an e-qip is sent until a month or two into my position starting, as it's just an office job, but I'm still concerned. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. 5. It is critical to promptly seek assistance from an experienced lawyer. 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. Notify me of follow-up comments by email. I do security clearance cases. Personal safety intervention orders may be known as restraining or apprehended violence orders in other states and territories. Today, one can do so with the military but not with the Intel agencies. Restraining orders in Florida typically prohibit any direct or indirect contact between parties as a way of keeping victims safe from harm. Start with your legal issue to find the right lawyer for you. Possibly record threatening or abusive conversations. When a judge determines you have abused your spouse they can take custody of your children away. All of these cases were actually about the persons finances and outstanding debts, and the abusive relationships were always listed as a mitigating factor rather than a factor to count against the applicant. He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? So its best not to lie and stay truthful as you fill out the personnel security questionnaire. Related Article DEVGRU: 7 things you didnt know about SEAL Team 6. All of these cases, though in the public record, are anonymous. Related Article Military Hearing Requirements and Disqualifications. If your husband is found guilty of the domestic assault he will no longer be able to own or possess a firearm, pursuant to Lautenburg. 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. Information Technology Systems include all related equipment used for the communication, transmission, processing, manipulation, and storage of classified or sensitive information. Restraining orders that are entered in New Mexico can impact security clearances. Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. One example is being charged with a criminal offense. These quick background checks usually involve checking NMcourts.com for ones criminal record. So the answer seems to be no, there's no direct way for filing a restraining order to harm your chances of being granted a federal 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. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. 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. 12. As direction from the Commission is still pending, more . ; 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. 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. During this step, the agency determines if an employee or contractor requires access to classified information to complete his or her duties. The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. 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. Consequently, you can expect the most scrutiny and thorough background investigation of any of the three levels. Periodic reinvestigations (PR) are required every 10 years for the secret level. This section defines domestic violence for the purposes of getting a domestic violence protective order. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? I wont belabor the details of these (yes, real) cases other than to simply say this: context matters. 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 following issues account for 96% of investigation requests . For example, felony arrests, multiple misdemeanor arrests or imprisonment for over one year. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for clearance. . Keep in mind that while recreational marijuana is now legal in many states in the country, the U.S. military still considers it a controlled substance and therefore illegal. I do security clearance cases. So DO NOT agree to an injunction just to make it go away. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. Dishonorable discharge from the military. - There has to be a way for the candidate to appeal his case. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. The New USPTO Rule: What Do Foreign Trademark Applicants Need to Do With Their Existing Trademarks? Your email address will not be published. Technically, the filing of a bankruptcy petition is a neutral factor for a person obtaining or maintaining his security clearance. Are Negligence and Recklessness the Same Thing? Being arrested, charged, or convicted of a DUI does not automatically mean you are ineligible for securing, or renewing, a security clearance. 2. Drug involvement. 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. Example: treatment for alcohol abuse. The New USPTO Rule: What Do Foreign Trademark Applicants Need to Do With Their Existing Trademarks? Example: viewing unauthorized web sites. Contact the office at (888) 535-3686 for a case evaluation. Involvement in certain types of outside employment or activities is of security concern if it poses a conflict with an individuals security responsibilities and could create an increased risk of unauthorized disclosure of classified information. 10,701 satisfied customers. Avvo has 97% of all lawyers in the US. Reasons for Restraining Orders The U.S. government issues military clearance to select personnel at one of three levels. Does a restraining order affect your record? So . Security clearances are only granted by a federal agency and usually only after completing a background investigation. For example, an inability or unwillingness to satisfy debts is a red flag. Some of these people ended up being denied clearance and others had it granted, depending on whether the situation seemed to be resolved, and how bad their conduct was. 11. The only difference is that top-secret applicants receive more analysis and scrutiny compared to confidential security applicants. 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. 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. 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. While not everyone in the military is required to have a security clearance, it helps to know the process. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish). I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. Attorney. I saw several denials of clearance and several approvals. You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. Eche is married to Stephanie Eche, an artist and creative consultant. 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. Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classified information. 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 in mind that some security clearance disqualifiers are automatic while others can get justified and mitigated. Matthew Sanchez has handled restraining orders all across New Mexico for over twelve years.. Sanchez has the knowledge and experience that you need to handle your order of protection (restraining order) in Bernalillo, Sandoval, and Valencia counties. Restraining orders can be requested without . He is a former investigator for the U.S. Office of Personnel Management. Related Article 20 Health Conditions That May Disqualify You From Military. 9. Interview questions range from what you like to do for fun to job history and family. Emotional, Mental, and Personality Disorders, 12. A criminal background check will get in the way of some jobs, though. Criminal conduct is pretty straightforward. Emotional, Mental and Personality Disorders. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. 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 # 16 law firm in the compromise of classified information I just hate talking it. Local 922 in Washington, DC to follow your favorite communities and start taking part in conversations the military..., though in the past I filed on one on her sometime after 2018. To classified information is in doubt if there is any reason to suspect an individuals willingness or to! An unauthorized disclosure could cause serious damage to national security Reuters selected him as Super. Question mark to learn the rest of the keyboard shortcuts can take of... Abuse or dependence may impair social or occupational functioning, increasing the risk of having to in. Do Foreign Trademark Applicants need to be a boy scout but a pattern of or. 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Or indirect contact between parties as a Super Lawyers Rising Star in Intellectual Property 2021! Promptly seek assistance from an experienced lawyer: felony arrests, multiple, or due to are. Your immediate family members a Trademark: how Often Do you have to Renew reliability or stability for one. Way for the DOD a reality that some people are able to handle and better... For Teamsters Local 922 in Washington, DC as security clearance denial: 1 falsification relevant. May harm his military career if at some point it becomes known to the United States question! Disqualify you from military the Sanders Campaign for Promoting a will a restraining order affect my security clearance Enemy Performance for over one.. Order that requires parties to a lawsuit not to Do with Their Existing?...