Protection orders and security clearance

Quest

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Joined
Jul 13, 2020
Messages
25
A few things strike me here.

It seems you're emphasizing the word "civil" when the only thing that matters is you have a permanent protection order filed against you. I'd be interested in knowing what state you're in as procedures do vary a bit.

In my state a temporary order would have been granted first. This would have been done during an ex parte hearing. This would have been the first opportunity for someone to decide an order was not appropriate and deny the petition. You would then have had an opportunity to defend yourself in court--with a lawyer--against the petition. This means you had a chance to tell your side of the story to the judge. The judge found her more credible, you lost, and a 5-year order was granted and entered into NCIC.

Now, your state likely has its own version of Lautenberg restrictions on gun possession. Those can come into play, but what really impacts you are the federal restrictions. Put simply, you are prohibited from possessing firearms and the government is prohibited from furnishing them to you until the order is expired or otherwise nullified. I have never been involved in a case where a permanent order, such as was entered against you, was nullified prior to expiring but that doesn't mean it can't happen.

The specific prohibitions that apply to you are found within 18 USC 922 (a)(8)(d)(8), 18 USC 922 (a)(8)(g)(8), 18 USC 922 (a)(8)(h)(1) and (2).

That covers enlistment in my view, because you can't possess anything that goes bang in any way.

As to any potential clearance, if I were investigating I'd be very interested in any potential poor judgment, and I would definitely be talking in depth to the woman who filed the order. These are things you should be prepared for if you choose to pursue any cleared job outside the military.

It's probably not what you want to hear, but it is what it is.
Well, Im emphasizing civil because I havent been to court for anything criminal with regards to these totally false allegations. I actually never got to defend myself in court vs this protection order. The first 2 summons went to my old address. When I found out, I motioned to reschedule the following 2 hearings, and I got some legal advice. I did go to my 4th court date, ready to fight the thing, but the Judge wasnt there. The 5th date I missed due to mix up on court date, like an idiot. And that was it, after the 5th, the Judge made her decision.

Thanks for the law codes, and the detailed reply.
 

Ooh-Rah

Marine
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Sep 12, 2012
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11,544
To the OP.

You come across as one of those dudes where it’s always something and never your fault.

It seems like you divulge a little more, and then a little more, and then a little more.... likely there is more to this story that you are not sharing.

Good luck to you, I’m thinking you are going to need it.
 

Marauder06

Intel Enabler
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Sep 9, 2006
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CONUS
Well, Im emphasizing civil because I havent been to court for anything criminal with regards to these totally false allegations. I actually never got to defend myself in court vs this protection order. The first 2 summons went to my old address. When I found out, I motioned to reschedule the following 2 hearings, and I got some legal advice. I did go to my 4th court date, ready to fight the thing, but the Judge wasnt there. The 5th date I missed due to mix up on court date, like an idiot. And that was it, after the 5th, the Judge made her decision.

Thanks for the law codes, and the detailed reply.
It really doesn't matter. In the military there's the legal system, and the administrative system. If you catch a domestic, you can be sanctioned and separated administratively due to Lautenberg and related regs. "Legal" has nothing to do with it.

I have no idea how that will affect your enlistment, but it can't help.

However, if it gets lifted, then it would seem to me that you are covered both legally and administratively.

I hope it works out for you.
 

Quest

Unverified
Joined
Jul 13, 2020
Messages
25
To the OP.

You come across as one of those dudes where it’s always something and never your fault.

It seems like you divulge a little more, and then a little more, and then a little more.... likely there is more to this story that you are not sharing.

Good luck you you, I’m thinking you are going to need it.
I understand where you're coming from, but I am innocent on this one. Thanks for the luck, a little goes a long way.
 

Quest

Unverified
Joined
Jul 13, 2020
Messages
25
It really doesn't matter. In the military there's the legal system, and the administrative system. If you catch a domestic, you can be sanctioned and separated administratively due to Lautenberg and related regs. "Legal" has nothing to do with it.

I have no idea how that will affect your enlistment, but it can't help.

However, if it gets lifted, then it would seem to me that you are covered both legally and administratively.

I hope it works out for you.
Thanks!
 
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