How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26634
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

Protective order of protection from queens

Customer Question

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 First they offered second officer position but later they rescinded due to not being able to be assigned to position requiring access to firearms.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.

Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
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 1 year 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.

 

 

 

Expert:  P. Simmons replied 1 year ago.
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, Military Lawyer
Category: Military Law
Satisfied Customers: 26634
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year 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?

Expert:  P. Simmons replied 1 year ago.
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 1 year 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.

Expert:  P. Simmons replied 1 year ago.
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

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications