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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33072
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Protective order of protection from queens

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Hi sir My ex-wife took protective order of 2 years on Dec 19,2011. I am in Navy Reserve. I have secret security clearance. I applied for a job in military sealift command. First they offered second officer position but later they rescinded due to not being able to be assigned to position requiring access to firearms. In protective order it is mentioned that there is a limited exception for military or law enforcement officers, but only while they are on duty.


Recruitment officer told me it has to be cleared before because it is security issue.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

This is a policy issue...I understand that the state court order has an exception for military...but the military can, and will for policy reasons, treat the order as if there were no exceptions


Can you tell me what your question is regarding this?

Customer: replied 3 years ago.

Dear Sir

I have a very clean background but this order of protection has popped up every where.

 

Q1) when I will complete the duration of two years on Dec 19, 2013 then Military sealift command can still rescind my application because of expired protective order or could it affect my career.

 

Q2) Is it happened that any one can file motion to expunged order of protection by family court after it will expire. so it will be not visible as record in background check.

 

I went abroad on last month. when I handed my US passport at arrival to Immigration officer then he told me that I have active order of protection and system doesn`t show the date it will remain effect.

 

 

 

Thank you

Let me try and address your questions in order


Q1) when I will complete the duration of two years on Dec 19, 2013 then Military sealift command can still rescind my application because of expired protective order or what it could affect my career.

It could. Again, this is a policy decision...the Navy has discretion over how it deploys its sailors. So they can refuse to activate you because of this alone, even if it expires. So it can impact your career.





Q2) Is it happened that any one can file motion to expunged order of protection by family court from background when after it expired. so it will be not visible as record.

You are not going to be able to hide this...not now that the Navy has insight on it.

Sorry to have to bear bad news.

If this was a lie (on her part) you may want to consider suing her for defamation. If her lies have cost you your career, that would be grounds to sue her for defamation. If you can prove she lied...and due to her lies you can not activate, a court can award you money to compensate you




P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 3 years ago.

Please Sir, have a look the issued Queens family court Order Of Protection to me. The Judge issued it by my wish. Both parties were present in the court. I was on A-School training at that time and wanted to settle down this matter as soon as possible instead of waiting for next date in the court for counseling. The judge assured me that Navy will not come to know at the time of awarding but now it is every where.


I want to know

 

Q1) What does it reflects? Did I commit a crime or violation(Which is 100% not true), Is it a misdemeanor, offense , warning from court or something else?

 

Q2) Does it reflects my character? If it does then what kind of a character even if there is no police report or criminal charges?

 

Q3) Will it effects my Secret Security Clearance which was granted on April 2011?

Again, let me answer the questions in order



Q1) What does it reflects? Did I commit a crime or violation(Which is 100% not true), Is it a misdemeanor, offense , warning from court or something else?


A protection order is not a criminal event. It is an order to stay away from another person. But the Navy can consider it as a basis to limit your duty assignments

Q2) Does it reflects my character? If it does then what kind of a character even if there is no police report or criminal charges?


It is not a direct reflection of character...but it is evidence that a court thinks you could be a danger to another person.

Q3) Will it effects my Secret Security Clearance which was granted on April 2011?

It could. That is why if the evidence used to obtain the order is false you may want to consider filing a defamation suit against your ex
Customer: replied 3 years ago.

Hi sir


 


This is my first time to deal with the law suit matter .I need an expert attorney or lawyer in Queens new York. who have knowledge about military laws and can present defamation suit process in the court. I will provide further details to him.


Can you know by any chance any one of them?


 


Is it possible that I can delete my attachments in the first email? I have seen that it can seen by any one on the web.

The rules of this website prevent me from a by name referral, but I can provide this

http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=33993

And i can request the attachments be locked, it may take a day or so to kick in

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