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  1. #1
    Join Date
    Jul 2010

    Question False Grounds for a Protective Order

    My question involves restraining orders in the State of: Virginia

    My X got a Show cause failure to comply with PO from JDR. A false statement made to a officer which will be at the hearing. The false statement has been acknowledge and investigated by the officer.

    Judge will dismiss. Here is the problem: I am going for my security clearance with poly. The original PO over two years ago was thrown out of court then. This new attempt will be thrown out but is after the final decree has been filed and we have been divorced for 6 months. Most likely I will be questioned on this in the poly. The dismissal would normally be fine but it is misleading and does not state the reason. She lied to a police officer and so did her attorney trying to get a PO. I proved this already to the judge when they did not show at the last hearing. My attorney and I are looking for a false statment charge to be made. If that does not happen we want to suggest a dismissed on evidence of false statement or something. Any ides on what we could suggest to the judge that will work for me and not against me. Dismissal could be for any reason, mistake or other clerical error to fals charge. Telling a hour long story to the clearnance officer. He wouldn't believe me and then I would have to get proof, show him etc.... That delays my clearnance. Ideas?

  2. #2

    Default Re: False Grounds for a Protective Order

    Truthfully? POs get handed out like candy with divorce cases. They're so common as to almost be expected. Folks who work in law enforcement/security positions and do background checks are WELL aware of this fact. If there was any merit to the PO, it would have been issued - the very fact that it was dropped tells any such practitioner all they need to know (because they know that ANYONE can petition for such an order - for spite, to cause anguish, or just because their attorney told them to do so by default - but it's the GETTING of that order that counts). Sure, you'll be questioned about it in the poly - whether you've got court documentation or not, but part of that process ALSO entails the poly operator discussing any pertinent situations with you before the test, and so long as you're able to answer a truthfull "yes" when they ask you "have you disclosed the truth in the PO matter we discussed" it shouldn't be problematic. (And if it's for a homeland security or law enforcement position, they're going to get the court records anyway.)

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