Help! Domestic Violence Charge Need Advice

Did you end up self reporting your incident to your agency or company? If so how has it been handled so far if you don’t mind me asking? My temporarily took me off my schedule pending the outcome. When I self reported the client requested a reinvestigation and I am meeting with an investigator tomorrow morning. Now that being said my clearance has not been suspended/revoked or anything last I checked the other day. My program manager is really pushing for me but I am still concerned. You mentioned your BI is coming up on July so I thought I’d ask.

Any updates on your case? Mine is still ongoing but hopefully resolved this month. Just curious about how your situation worked out.

Lots to unpack here. I totally understand loving a person that is…shall we say prone to drama? I think you have big decisions to make. Like protecting yourself. Your future. If spouse largely makes up these allegations…you need her to testify as such. She likely will not as she faces charges for falsifying a report. Nobody shoukd live under these conditions. Ask she testify on your behalf refuting the claims…then create space from this person. Seek counseling if you think the relationship is salvageable but moving forward after arrested once…what happens the second time an allegation is made? You look more guilty. Easier to convict…lose clearance…job…etc. Thats no way to live.

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Hey thanks for the response and feedback. I agree she will likely not testify as it could result in legal issues for her. The prosecutor in my case doesn’t seem like she is out for blood as some are prone too. We are not in a relationship on a co-parenting our children as we have been for years. As mentioned I have been attending classes as recommended for nearly two months now prior to my case. I have reported all information honestly and truthfully to all parties involved and hope for a favorable outcome. The investigator did ask whether I knew of anyone that could confirm that she had a history of stating these claims or other issues which I did provide her a few. These are people who know of her mental state and past well who were more than happy to back me up. Whether or not that will make any difference to an adjudicator I don’t know but its worth a try. I don’t plan on this being a reoccurrence again as I distanced myself from her already. Unfortunately as we still have children I still have to deal with her but we are seeking a custody agreement to help make that process easier. One thing I was wondering was that if she has diagnosed mental health issues which I mentioned to them as her instability and prone to make false claims would that look unfavorable on me as far a being suitable for a clearance? I can get a good outcome on my court case but there are so many “what if’s” or unknowns as far as the security clearance process so I just don’t know how it all will be looked at.

No worries about her or this charge. I always tell folks attend what counseling is assigned to you. But create a reactionary gap between you and her. Do not let her draw you in to drama, bring witnesses on child drop-off days, don’t loan her money, pay her bills etc. As long as you are completely up front on charges, responsibility and steps to overcome…you should clear Okay. Now, play it down, share only parts…it will come out in the wash and them you are fighting a falsification charge, cover up, etc. That is more difficult to overcome than accurately disclosing all.

Thank you for the advice and feedback!! Lets hope your right about clearing it okay through the process. I have done everything I can and am required to do as far as reporting, classes and defense side so the rest is out of my hands. I was very clear from the beginning as far as the charges against me as well as constantly updated them on all changes. Once I know an outcome I will update them as soon as I receive it. Hopefully this being a one time occurrence they will show some mercy. Its just scary not knowing and the how long part. I know honesty in this case is the most important thing and regardless of how bad it is leaving out details of coverups would make things way worse. I’ll update you all when I know something. Thanks again

If you don’t mind me asking and I don’t know your experience so I apologize for asking. Have you known anyone in a similar scenario that has come out on a positive note ( kept clearance)? I know each situation is different and unique so there is no guarantee but after everything I feel like I am drained in thinking about what could potentially be at stake and it has me beyond worried. As stated I have done everything in my power to this point and now its just a waiting game.

Yes. I’ve seen large amounts of hard drug use get approved. They understand people have real lives and issues. As long as you are honest and up front about this it cannot be used to blackmail you. If it comes down to a “one of” or he said, she said and there is legitimate question to her veracity…it is noted. If it happens twice? Likely hood of benefit of doubt going to you is greatly reduced. This is not to say violators and DV assailants are given a free ride or protected. It all comes down to how it impacts your trustworthiness with classified info. Disclosing all…including painful emotional events…cuts Ill intent off at the pass. Had you hid this…she could blackmail you into bad things under threat of revealing it. A foreign power could force you to trade info or release it as well. I would reach out to the court and judge and seek expungement at the proper time. It still must be revealed but it further solidifies your position.

Was just notified that my investigation was just submitted for processing and I am panicking. The most before this I had was like 2 speeding incidents 2+ years ago that were favorably resolved. The thing that keeps replaying in my head is the adjudicative guidelines that state: A single serious crime or multiple lesser offenses which could indicate a pattern. Maybe I am reading to much into that but could that be seen as a pattern? Some of the stuff I told the investigator were very hard to discuss as they brought back emotional memories that surrounded my issues with her and our background to paint the full picture. I just hope that her issues or past indiscretions don’t play into my final determination in a negative way. I am obviously not the only one who has gone through this issue I am sure. I have even read some of the appeal decisions on OHA hearings and was jaw dropped of some of the thing mentioned in those cases. Sorry for rambling just nervous.

No worries on speeding tickets. No connection. Folks in Northern Virginia get all the time. As long as you are fully compliant with court directions, actively participating in counseling sessions and accurately reporting…all should be good.

Does it matter if its an IC customer? I’m a contractor working on an IC contract which I guess who this is being reviewed by after I self-reported to my FSO who reported it the “client” are the ones who requested the reinvestigation. They however advised that they were only going back 2 years not the full 10 years as normal. I noticed in another post that someone mentioned these things are handled differently based off the agencies. So would I have less of a chance if it an IC customer as supposed to a non-IC customer?

Routine. What they are looking for: have you had other misconduct unreported, were there other events you failed to disclose? And of course did you self medicate during time of trouble…do you disclose other stuff contradictory to previous SF86s. My advice, regardless of guilt or responsibility is comply with counseling, therapy, etc. It demonstrates a desire to understand your behavior, develop positive coping strategies, and comply with court directions. Even if you are completely without fault it demonstrates willingness to learn and grow. But do keep emotional distance from ex if she is volatile. Easy to get sucked back into drama. See her only with witnesses, etc. You need keep her as a friendly to the extent you don’t her as a scorned person wanting to lash out and hurt you professionally. But don’t expect her to indict herself to save you. Think Frog and Scorpion. People act true to their nature.

So heard from my lawyer today and what the courts are offering is a 6 month diversion program which I have already started voluntarily 2 months ago in exchange for a dismissal upon completion of the class however they want a stipulation that it would not be eligible for expungement. It’s better then the alternative option which is a 2 year deferred disposition that carries 2 years probation in which mean two years of pending charges before it could be dismissed. My question is if I take the 6 month option and finish the class and comply with the courts what are my chances of coming out on a positive with my security clearance? I’m not sure what the plea would have to be but I imagine it would be something like “no contest” or something along those lines. I feel like I am admitting guilt without saying I am guilty which will look unfavorably to an adjudicator in either case. I have until next week to decide so could really use some advice.

Rock and hard place. Weird they added that rider. Politically did not want to look weak on DV. Plus side, even if expunged, it must be reported. Ho the extra mile, you are on the right path. Voluntarily started early. Never engage without witnesses to observe interactions with ex. Even if they stand off and watch from afar. If you meet to exchange kids…do it where cameras are present. Establish and respect boundaries with her. Bring copies of the case file for any meetings if required from adjudication branch. Full disclosure and complete honesty are your friends here. I don’t see a threat to classified material here. By openly reporting…you take away possible blackmail.

Thank you for that and I appreciate the feedback. One question but is probation an automatic disqualifier or frowned upon? I’ve heard different things on that but wasn’t sure. The reason I ask is that they did bring up a 6 month probation with the class so essentially it would be dismissed after 6 months and successfully completing the program. I’m hoping I am in good shape as either way it’s not long term and 6 months is a big difference than 2 years. I really do appreciate you sharing your advice and wisdom with me. I don’t mean to be a burden just trying to do the best thing for me.

Probation adds interesting wrinkle. Many are on a form of probation…all is well. You volunteering to take courses is a plus. I’m assuming you will get to meet with a probation officer of sorts. Getting a letter of support helps, as does petitioning the court immediately for relief based on voluntarily starting courses 2 months early. I don’t believe the prosecution team intends to deny you employment as that impacts ability to pay support…and getting cleared impacts work…your lawyer can try some give and take. “My guy owns up to situation, taking courses, wants to keep working…throw him a bone on probation…we won’t seek expungement.”

So this would be unsupervised probation if I opted for the option. Im trying to avoid it if possible and at this point I don’t care about expungement as much as avoiding a conviction and hopefully probation. Normally in these cases they offer a deferred disposition or PBJ which is basically 2 years unsupervised probation with a stipulation such as classes, anger management etc… and at the end as long as you are good and comply the dismiss it. Given my situation and after explaining my clearance and what’s at stake they offered an alternative which is 6 months I am assuming probation or continuance, class and in the end dismissal but no possibility of expungement. It’s doubtful if I take option B they will drop the probation or anything as my lawyer has tried unsuccessfully. The prosecutors view is do you want to wait 2 years or 6 months to have your case dismissed? All I can hope is if I choose the better of both options and pray they have some mercy consideration I have no history and it was isolated. I’m hoping by me showing them that I voluntarily opted for the class and am complying with the court’s decision shows my willingness to except responsibility.

I would write a concise statement capturing why you plead how you did. Explain the story, explain what and why you opted for counseling, that you did it to put it behind you and lesson learned dealing with an Ex who is an Ex for a reason. How you will always have a witness moving forward and you will maintain tactical distance to prevent any future drama. You can also explain your side of the story. I’ve forwarded statements like this with the SF86 before.

I will try that and thank you for the advice and wish me luck!

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Keep us posted. Keep pushing on counseling and classes and demonstrating different approaches to dealing with this.