Help! Domestic Violence Charge Need Advice

Hello,

I am reaching out to get some advice on an incident that occurred the other day. My co-habitant and I got into an argument yesterday and she had claimed I pushed her which I did not. I explained this and made a statement to the officers but since she claimed assault they said they had to arrest me. I was released with no bond and spent just a few hours at the jail before I was released. I have literally no criminal history, no prior domestic violence charges or convictions or anything. The first thing I did was self-report it to my FSO and sent them all documentation regarding my case. I plan to hire a lawyer prior to my actual court date. My co-habitant told the officer that she did not want to press any charges and didn’t really even want me to be arrested. I am beyond scared and on edge about what may happen to my TS as its literally my and my families job security so alot is riding on it. What can I do? Does anyone have any experience or possibly how the outcomes could present or if I am screwed? This is a first time offence for me and again I am not at all violent or have ever hurt anyone. Please someone help or give me some advice. Thank you!! (Please no judgement just advice)

We deal in lots of cases have DV allegations, you would be surprised. You’re not the first. Go to court, take the diversion program if offered and complete all requirements of the court., i.e. anger management classes, etc.

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Thank you for the information!! I’ll have to look into the different programs if offered for anger management or DV. Another question I had self-reported the day after it happened and wrote a full statement of my side and provided the court docs as stated. I was advised that I would be contacted by a department within my company who handles these situations by my FSO. I was also advised that they have no idea of the outcome regarding my clearance until the client (government) finishes there review. I know that generally they look at the whole person and facts however if you look online and well just about anything online they all have terrifying outcomes of cases like this were it says “revoke” “suspend” clearances. As stated I have no criminal record or prior incidences of violence before. So will my background/history have any weight to an investigator or whoever is reviewing the case? If convicted which I hope to god I won’t be will that mean my clearance is automatically terminated? I just have no idea whether I will have a job or a way to provide for my family soon. The situation was completely blown out of proportion by my co-habitant which even now she regrets. This is my charge of this kind and I would hope that I would a fighting chance considering the circumstances and my immediately reporting it and being entirely honest.

What possible repercussions will I be facing regarding my security clearance in your experience? Will they take my clean record into consideration? Is it an automatic revocation if convicted? I’m just concerned that even though I know I am innocent and was completely honest with my statement to my security department that when it gets to the government side that they will be just gung-ho to terminate my clearance for something I didn’t even do. I’m just truly concerned even though this the first offense like this that I have ever had.

What happens to your clearance is dependent on the agency, position, etc. This is a classic ‘crystal ball’ question and unfortunately, no one is going to be able tell you the outcome. You clearance may be suspended while it is being investigated, maybe not. Could it be revoked? Sure. Could nothing happen? Yes.

Now, do you have a ‘fighting chance?’ Absolutely. If this is your first incident and everything else is copasetic, you most definitely do. All you can really do now is the hardest thing of all, just be patient, it is going to be a long process.

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Yes, I have no other convictions or violent history whatsoever on my record. I am hoping that will be taken into consideration when determining on whether to let me keep my clearance. I’m obviously trying to remain optimistic but it’s hard thinking about the possible outcome. The arresting officer said I was very cooperative and they let me out as well as allowed me to go home which is rare I heard with a temporary protective order with the understanding to keep low and don’t start anything which I am following. I would hope when it comes to a review the government will see that I am not a repeat offender or have a negative history which hopefully hold some weight. My mind however is racing a mile a minute about what I will do if I lose my livelihood for something like this when I am completely innocent. I understand it’s not up to me to decide and I just have to wait and see. I appreciate your feedback and wish me luck.

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Well today was absolutely awful to say the least. I had self-reported the incident on Friday the day after it happened and I just received an email from my organization this morning that the government is starting a re- investigation. I was advised to complete another SF-86 form which I filled out in November 2021. Luckily I had the old one saved as well as all the request forms. Can you or anyone make light of this and tell me how screwed I am now? If this a normal thing in this case? I’m scared to death to say the least and I haven’t even started the court process yet. I just retained a lawyer today and I had provided updates this morning. It seems to have happened really fast which really worries me. Anyone please give me so suggestions or insight I have my entire life riding on this currently.

Fyi- I wasn’t due for a re-investigation for at least a few years so it’s pretty obvious it’s regarding this recent situation.

The way I see it, your FSO would probably have told you if the government suspended your clearance pending reinvestigation.
It doesn’t sound like they have, or at least not yet.
All in all, I’d view that as a “good” sign for the time being.
What you have going for you is your immediate reporting of the situation.

You’ve done all that’s required of you on the defense side and it is now completely out of your control.
So my advice is to focus on what you can deal with (lawyer, court, classes…).
Are you even going to court since she isn’t pressing charges?
You could possibly take some classes proactively. Whether they would be mandated by the court or not.
Talk to your lawyer…

Hey thanks for the response! So the situation currently is that I have my arraignment on May 11th and the most current development is that I was just served my an officer who told me to show up in court for a hearing to review the protective order in place to see if it needs to be extended. Apparently though she isn’t pressing any charges herself the state is. So it’s completely out of her hands at this point even after she had stated that she didn’t want to press any. This new date apparently is separate from the court date. Under her request she had stated to the courts that she did not want to issue a protective order which bars me from my house or my children. It’s only to in her opinion prevent any further drama between her and myself. This is truly a he said she said situation and there has yet to be any true physical evidence or witness to back any of her outrageous claims. The only information they have is my statement and hers. I have hired a lawyer today to represent me so I am planning to go discuss all of the details with them soon to build my defense. All of her claims that she has brought up have one never been reported and and she has provided zero evidence to prove anything. I have looked into classes and different programs offered am most definitely going to set up times to attend. I have self reported everything I know to my company who provides it to the clients. The only thing that concerns me is that if I am saying more then I should. I want to be honest and upfront about all I know but at the same time I feel like it’s just all being used as ammunition against me. My entire livelihood and reputation are on the line. I literally have no criminal convictions and no history of violence on my record. The most I have had in the past two years was a reckless driving by speed two years ago and it was reduced to a speeding ticket. Other then that nothing whatsoever has been reported against me or has happened. I work 7 days a week so I barely have any time to do anything let alone start drama. I’m doing literally everything I can to save myself but I an truly and quickly losing hope.

You seem to be stating in your latter posts that your wife has multiple allegations against you and a protective order, which was left out of your first post, if I am reading correctly.

You are the beginning of a long process that will largely not be in your control. Panicking will not help. Calm down, cooperate and take one day at a time.

No, she is not making multiple claims but she is using this situation to try and fabricate a pattern or abuse. My first post was regarding the only incident which is largely misconstrued by her. She had since started claiming as she knows she has no case that there were other times which are also false. The point I was trying to make on the latter posts were that she is just spouting accusations without any supporting evidence or proof to back them. She has had a history of mental illness as well which is something that most people who know her are aware of. Yes, I am frightened because I am facing a serious situation that I certainly wasn’t prepared for. I feel that I have been entirely honest about the situation and will continue too. I’m trying to remain calm and optimistic but obviously it’s very difficult in this situation especially with everything else happening. I appreciate your advice and will try to focus as you said on what can control at the moment.

The protective order is required for these types of case regardless of whether it’s true or not.

Question-The SF-86 I was issues was called “SF-86 RIP” does anyone know what RIP stands for or has ever heard that used in reference to an SF-86? Second question- I am hired a lawyer to help me plead my case and have a date set. My lawyer is hoping to try and resolve this issue as supposed to to going to court based off the little evidence by my co-habitant and practically zero criminal history. I understand how something like an assault charge would look to employers or anyone, however different reduced charges in the worst case scenario like for example I get a prosecutor or judge who is stubborn or doesn’t care about my side but they agree to a reduced or plea deal how would that look to an investigator or the government. I absolutely did not commit any crimes like I am being accused of by my co-habitant and she has a history of vindictiveness’ and frankly several criminal issues in the past. So if it were reduced would it still be looked at just a conviction or will the outcome vary on there perception of the situation. Like if I was given Probation and a lower charge to were it weren’t assault or something similar. Ideally I am seeking a dismissed case based off lack evidence and convoluted facts/statements on her part. Is it still looked at as the whole person concept and the persons history or lack thereof? I included additional explanation’s with my SF-86 to further explain my side and the different facts involved so I am being as honest and open about everything even in light of the situation. I am honestly hoping I am contacted by an investigator so I can explain my side in person. My company is being very vague on what’s going on but have told me to wait and just keep to my normal schedule until told otherwise. I am just trying my best to optimistic and praying that the client will see this is as clearly a isolated incident were I am clearly being accused by someone who has a history of issues surrounding trustworthiness and reliability. I did not include any of that on my SF-86 because I didn’t want it come off as me hiding something or just blaming someone. I would much rather explain that in person so I can provide insight into everything. Any thoughts?

A subordinate had something like this, although it wasn’t physical; it was a text message argument that went bad. The woman filed for a protective order. He went to the hearing, consented to the order, did the anger management classes, and self-reported everything. This was like ten years ago but I remember him being really freaked out and panicking, but in the end nothing happened. The chain of command commended him on his honesty and recommended his clearance remain intact, and it did. No suspensions or anything.

Hey thanks for the response! My situation is a little different unfortunately. My cohabitant and I have to very different views about what had occurred during the incident. I have never been involved in anything even remotely violent or have anything like this ever happen. She is claiming with no evidence/witnesses or prior claims whatsoever that that happened. We were literally the only people there at the time. The officers obviously took her statement due to the nature of the accusation. I’m meeting with an investigator possibly next week to discuss the SF-86 I was asked to resubmit after self reporting which triggered a reinvestigation. I hired a lawyer who seems to think that she can prove my case and avoid any convictions or long term repercussions. Still my concern is how an allegation even a false one could effect my clearance. I was advised regardless of the circumstances to take an anger management course to help my case. My ex (cohabitant) has had a history of lying, fabricating stories and false allegations. She doesn’t seem to care whatsoever that it could result in our livelihood. I’m determined to fight it but needless to say is scary when you are facing things like PO’s or criminal courts when you know you didn’t do what your are being accused of. I’m trying to remain optimistic and doing everything I can to get through this and hopefully the government will have mercy on me.

I feel your pain. I’m in a near identical situation. My investigation is coming up in July. I will be taking a plea to a misdemeanor assault and hopefully getting PBJ. Despite the difference in perspectives on what occured, she called the police and therefore has all the leverage.

Nonetheless, I hope your situation works out to your benefit. Please let us know how it works out for you.

Good luck.

Thanks for your response. As crappy as the situation is I am at least comforted knowing that I am not the only one facing it. Tomorrow is my first hearing to review and discuss possible options. My lawyer as mentioned in prior posts thinks she can provide a favorable outcome but it’s not without some work on my part i.e. Anger Management class, psych visit with my current doctor and possibly family counseling between her and I. I self reported everything the day after it happened and provided all documents so have been completely forthcoming and honest which I hope will be positively looked at during my clearance reinvestigation. So far no suspensions or revocations have occurred which is good I guess and allows me too keep working and paying my bills. She also called the police which gives her leverage but not all as I have a lot against her and including my impeccable history vs her list of criminal run ins for various things as well at her many other issues which speak to her overall character and ability to tell the truth. Right now everything is up in the air and I am again trying to remain optimistic and not jump the gun before things have a chance to play out. I will definitely update everyone on what happens and hopefully a positive outcome in the end. Take care and best of luck to you in your situation as well.

I just have one question and maybe you know or don’t. Out of all the DV cases you handle do you have any idea how many of them end in the clearance holder keeping there clearance if it’s a first offense and no priors? The worst case scenario I have to go to a program ordered by the court and possibly probation but they withhold a conviction given I complete the program and it’s dropped. Idk what the outcome will be but was seeing how this would work or based off your experience. Thank you

Sorry, don’t know about most of the outcomes of my cases, so Im no real help.

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