I have a TS/SCI, have maintained one for approximately 10 years. Recently as a result of a verbal only argument with my ex-spouse during visitation exchange, my ex-spouse applied for a protective order and it was granted.
there is no history of violence nor was their violence involved, and I’m not entirely certain how the judge ordered the protective order given the case but alas here we are.
the easiest question: am I going to have my clearance rescinded?
Judges defer to protection orders because of all the killings that have happened because there were none in place, etc..They are just preliminary protection orders.
You should get scheduled for a hearing for your ex to provide evidence and move to full protection order.
If the agency finds out about it, they will suspend you and they are SUPPOSE to run an expedited SSBI.
Keep in mind they will probably suspend you until that hearing takes place and the results of that hearing. If that hearing goes in your favor, they are SUPPOSE to reinstate you if nothing else comes up on the expedited SSBI.
Keep in mind, this is all what is SUPPOSE to happen. All agencies don’t go by the book. Also, the could just let you go contractor or Cadre and then you will have to find an attorney that knows someone withing the adjudication dept of that agency to get you reinstated if you win your case.
It’s a shitty situation and totally unprofessional the way they handle these things. It happened to me based on false allegations as well. I had to hire an attorney that had connections at that agency to save my job.
I unfortunately don’t believe this one bit. I went to my FSO with the temporary order and he basically said - is it civil or criminal? Civil? They don’t care and it’s not mandatory reporting.
Checked with the customer sponsor and they basically said-don’t need a memorandum. You’re good
See here’s the problem I have with all of this. Everyone says yes, but it’s quite literally not listed or covered in any SEAD unless it’s an arrest. Not even a grey area that covers it if you read the appendices in full.
It’s covered in the personal conduct section. Kinda a “catch all”. I agree its not fair but this industry doesn’t care. Also, it’s covered because civil protection orders can easily be moved to criminal if violated or even if the judge sides with the other party out of caution. It’s a quite a slippery slope. It is absolutely a required report.
It’s not a required report for “cleared” individuals as evidenced by the entire text of SEAD3 which outlines all required reports for cleared individuals.
The mention that it could go civil to criminal is a criminal change in circumstance, THAT is a required report under SEAD3
It’s an err on the side of caution in that SEAD6 governs CE, refers to SEAD3, and you probably should report, but the main topic of this post was whether it will cause rescinding of clearance, interestingly enough, even with a firearm involved, it’s STILL not a mandatory report of its simply civil.
If it’s not reported, especially this day in age under continuous eval, it will hurt them because it will absolutely be found in the public records scrubs. Protection orders are always Civil. Anything that is “involvement with the legal system” is mandatory report. Even being sued is a mandatory report. Hell, i knew a guy that didn’t report that he lived with his fiance who was in the country legally but was not yet a citizen. He lost his SCI for it. Where are you getting this distinction of criminal vs Civil on protection orders? All protection orders are civil. When they are broken the violation is the criminal offense. It’s still a civil order. Also where are you getting that a court order is not reportable if you already have a clearance? When you already have a clearance, these issues are even more strict? What a Protective Order Means for Your TS/SCI - ClearanceJobs
There is no way your source is Katie’s AI generated response to my forum post as if it’s a source .
Of course the person you are mentioning lost their clearance, under SEAD3 foreign contact cohabitants is a strict mandatory report.
Not all protective orders are civil, and the civil bs criminal distinction is made under strict adherence to SEAD 3.
where am I getting the distinction between cleared/uncleared? Simple: SEAD6 is CE/CV, references SEAD3, SEAD3 is mandatory reporting for cleared individuals. This is different than an SF85/86
So go ahead and don’t report it. See how that works out for you. There is no distinction between sf86 and mandatory reporting when you have a clearance. If that’s you “thesis”, maybe you shouldn’t have a clearance at all. Your clearance will likely be suspended until they run another investigation. You’re making things up just to fit your narrative. The way you are arrogantly responding to ppl here when they give you advice shows you are emotionally immature and probably did more than you are admitting. So simply go ahead and test your thesis and try to explain why you didn’t report a protection order. It’s going to come out one way or another CE or self report. SEAD 4 covers Protection orders. It’s a Catch-All. If you served in the military you would be taking that fact more seriously than you are. https://www.dcsa.mil/Personnel-Vetting/Background-Investigations-for-Applicants/Report-a-Security-Change-Concern-or-Threat/
If you already know the answer, why are you asking?
I specifically sourced you to what DCSA says is mandatory reporting “Any arrest, regardless of whether charges were filed, other involvement with the legal system (such as being sued), any circumstance where you were sworn under oath”
I know for a fact that civil legal matters are mandatory reporting at CIA.
If you fall under DOD then take that up with them and how you don’t agree with them. SEAD 3 only applies to Intelligence community. The DNI doesn’t control agencies that don’t and either-way, agencies like CIA and NSA are known for being more strict and adding anything they want than say the Army which lets ppl get away with anything.
We gave you our thoughts. You don’t have to agree with them or with the sources. If you want to risk you career on what your FSO stated, I can tell you that i’ve seen many a clearance holder screwed over by FSO; you will just have to answer that when SA comes around asking questions. It’s gonna come out on CE either-way when they scrub court databases or have to run a new background check and you can’t work while that is being done. I would say a protection order is a significant life event and even more-so if its an ex wife and more if you have kids with them. You are a contractor and are expendable to the customer and if you have a high salary and they can bring in new cheaper talent, you are expendable to the company as well. Btw, if there is a firearm involved that’s assault, whether you use it or not so, yes, it’s criminal and you would have been arrested. That’s not a civil case, that’s criminal.