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. Driving under the influence, alcohol-related fights, child or spouse abuse, or criminal incidents related to alcohol use all get studied. The first reason you need to know the difference is because of how these cases are reported on the SF-86 form. 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. Emotional, mental and personality disorders can cause a significant deficit in an individuals psychological, social and occupational functioning. A security clearance is a determination that a person, whether a federal employee or private contractor, is eligible to access classified information. Under the Australian Government Protective Security Policy Framework (PSPF), personnel that need ongoing access to security classified resources must hold a security clearance at the appropriate level. A security risk may exist when an individuals immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress. Yes. 3. 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. These could range from high levels of debt, unpaid taxes, or even moving without informing a creditor of your new address. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. If the court finds that the safety of you or your children will be endangered with unsupervised visitation, the judge should restrict . Any information in this communication is for discussion purposes only, and is not offered as legal advice. . Have you had one filed against you? These situations could create the potential for foreign influence that could result in the compromise of classified information. . My husband recently abandoned our home because he was having an affair. 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. 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. Post your question and get advice from multiple lawyers. 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. Even an expired restraining order will likely appear within in-depth NBIBs background check. The interviewee might also ask about alcohol or drug use, personal finances, or encounters with police. The background check looks into your personal character, conduct, criminal record, financial history, and may involve contacting references. Take someone fresh out of college, no military clearance or no clearance at all. The Department of Defense conducts a thorough background check to see if you qualify for one of the levels of clearance. As somebody who has held a Top Secret security clearance before, and who was worried about my own record when I got my background check five years ago, I became very familiar with the U.S. governments security clearance adjudication system. I do security clearance cases. 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. 10. Example: multiple security violations. Thanks A deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. My concern; Will this order cause me to loose my chances at a secret clearance? Note the nuance: in criminal cases, only the restrained party need report the item, whereas in civil cases both parties must report it. Save emails and texts that . If your husband currently maintains a Top Secret/SCI clearance he may in fact loose it. 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. This list will only tell you when our guide becomes available. For example, a history of not meeting financial obligations or an inability or unwillingness to satisfy debts. Required information must be sent to the Personnel Security Branch ( PSBReporting.Resource@nrc.gov) within five (5) days of a specified event occurring. Obtaining security clearance is required to make sure you are eligible to access national security information. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. For example, possession of a valid foreign passport. IntelligenceCareers.comaka USADefenseIndustryJobs.com. The military needs proof that if you were put in a position to maintain secrecy in the past you didnt abuse that privilege. The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. I notified the military of his actions, but I was fearful of what he would do if he found out so I filed for a protective order and for support. Eche is married to Stephanie Eche, an artist and creative consultant. Confidential security clearance disqualifiers include careful examinations of the following: A periodic reinvestigation (PR) into your character and record is required every 15 years for confidential security clearance. Lastly, even those with top-secret clearance sometimes need to apply for more clearance to access classified information. Mike. For example, recent drug use, illegal drug possession or drug dependence. Additionally, the introduction/removal of hardware, software, or media from any information technology system without authorization is a red flag. How can we find out how restraining orders affect security clearance applications? The military treats mental health very seriously so making the military, in general, is an achievement, much less gaining security clearance. The judge is supposed to keep in mind the safety of you and your children when deciding visitation. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. Would living abroad for portions of the year exclude someone from a Public Trust clearance. Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. A single serious crime (involving more than a year in prison) or multiple lesser offenses are potential security clearance disqualifiers. USPTO ID.me Verification for Trademark Filings: What Is This? Unexplained affluence is often linked to proceeds from financially profitable criminal acts. Create an account to follow your favorite communities and start taking part in conversations. Nothing in my answer should be considered as tax-advice. Am I supposed to report this? Phone calls. If you have been a victim of physical abuse or threatened abuse, you may be able to get a restraining order under the Oregon Family Abuse Prevention Act. 6. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. There is a documented history of abuse The abuser violated a restraining order to commit the abuse The abuser used a weapon A child witnessed the incident Most domestic violence cases can be either misdemeanors or felonies, depending on the case. Did the allegations involve domestic violence. . I received my year long restraining order against him a month later in 2017. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. While he never actually served in the US Military, he has a passion for writing about military related topics. Eche is based in Brooklyn in New York City. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. But what about a situation where the restraining order is issued against the batterer and the victim violates it? Every case like this ended up with the applicant having their security clearance granted, except for one, where the applicant had left an abusive relationship more than five years earlier, but had shown no sign of being able to pay off her debts and get her finances in order. 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. 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. The concern for the federal agencies is whether or not the individual is under financial distress. Personal safety intervention orders may be known as restraining or apprehended violence orders in other states and territories. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Its best to tell the truth with your Security Clearance Background Investigation Questionnaire. Eche graduated from Northwestern University School of Law on a full scholarship. 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. The San Diego Restraining Order Attorney has prepared this guide discussing instances that warrant a permanent restraining order and the process of getting one. 2. He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). 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. It offers civil legal protection from domestic violence to both women and men victims. Eche is married to Stephanie Eche, an artist and creative consultant. My first issue is a family court restraining order I had against an ex I only dated for three months but who stalked/harassed me for almost a year. Real questions about family law from people like you. A restraining order is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. My question is, will he be contacted as a part of this investigation? Technically, the filing of a bankruptcy petition is a neutral factor for a person obtaining or maintaining his security clearance. 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?" Operation Military Kids was founded to be a resource for teens and young adults who are interested in joining the military, but don't know where to begin. 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. Or what about a case where the restrained party is a spouse accused of attacking the other spouse after discovering infidelity? I do security clearance cases. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. 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. The adultery will cause them to start looking at him. Practical Considerations for Family Law Issues and Security Clearances If OP's wife lies/exaggerates(to a fucking federal clearance investigator), then OP's account of his story is going to look more positive on behalf of his clearance(if OP lies, that's also going to be used against him). 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 . Restraining orders can either be criminal or civil in nature. 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). & yet, what Mr. Shayne adds behind "Door #2 is equally valid as it has been readily observed by ordinary people involved in this 'process'. A history or pattern of criminal activity creates doubt about a persons judgment, reliability and trustworthiness. Marshals Service Hit by Latest Security Breach, Compromising Sensitive Information, PSAB: Labor Foreman/ Escort (Secret Clearance), PSAB: Food Services Lead (Secret Clearance). Example: service or employment country or foreign national. This post is for people who have filed a restraining or protective order. An SSBI investigation checks records held by employers, courts, and rental offices. Yes, a protective order can affect child custody if it is proven that there is a case of domestic violence. 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. Below are real-world examples of how restraining orders can affect your traveling rights: Back to Top. 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. It's a very good point of view. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? Your email address will not be published. A sheriff's deputy is generally assigned by the court to serve the opposite party. You want the agent to know what is going on. You want to reflect that you have good discretion and judgment when it comes to sex. 703-298-9562, 800-401-1583. This article is intended as general information only and should not be construed as legal advice. Even if I am the plaintiff? But always best IMHO to be the one telling the BI person about it. 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. Top-secret clearance takes four to eight months to complete (sometimes closer to a year depending on the applicant). 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! 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. Are Negligence and Recklessness the Same Thing? OP, you better wrap up whatever the fuck is going on in your life and move on! 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. Ex parte orders, however, do not take effect until they are served on the party they are intended to affect. 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. Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. Criminal conduct. I saw several denials of clearance and several approvals. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for clearance. Thanks a deliberate omission, concealment, or even moving without informing a creditor of your new.. Of your new address so making the military, in general, is to! Activity creates doubt about a situation where the restraining order is issued against the and... And occupational functioning list will only tell you when our guide becomes.. Information only and should not be construed as legal advice if your husband currently maintains a Top Secret/SCI clearance may. 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