A protective order can be stressful enough on its own. Add a security clearance into the equation, and another question quickly surfaces: Could this affect my clearance and do I need to tell my security officer?
One ClearanceJobsBlog subscriber writes:
I have a TS/SCI, have maintained one for approximately 10 years. Recently as a result of a verbal 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The easiest question: am I going to have my clearance rescinded?
Here’s what clearance holders should know about protective orders, self-reporting, and when it’s time to tell your FSO.
A protective order does not automatically take away a security clearance. Clearance decisions use the whole-person concept, so the circumstances behind the order matter. Like what allegedly happened, the violence or threatening behavior, whether there was an arrest or criminal charge, whether the order was temporary or final, whether you comply with it, and how the matter is ultimately resolved. DCSA adjudicators consider both potentially concerning and mitigating information under the SEAD 4 guidelines.
I would self-report it to your FSO/security officer rather than trying to decide yourself whether it counts to report. DCSA’s self-reporting guidance specifically includes arrests and broader “involvement with the legal system,” including being sued or filing a claim against someone. DCSA also says that when you’re uncertain whether something is reportable, you should ask your FSO/security manager.
Reporting it also doesn’t mean you’re admitting the allegations are true. You can report the facts neutrally: A protective order was filed/issued on X date; these are the circumstances; there were/were not criminal charges; I am complying with the order; the next hearing is X. If it’s later dismissed, modified, or expires, provide that documentation too.
DCSA notes that a self-report can result in additional investigation/adjudication while the issue is resolved, but that’s different from automatic clearance revocation. Hiding the order or failing to report it usually causes more damage to your clearance eligibility than the order itself, as it reflects poorly on your honesty and trustworthiness.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” For this reason, we maintain ClearanceJobsBlog.com – a forum where clearance seekers can ask the cleared community for advice on their specific security concerns. Ask CJ explores questions posed on the ClearanceJobs Blog forum, emails received, and comments from this site. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
