Restraining Order in the Military

A common question I get from clients has to do with how to handle a restraining order in the military and how it affects an enlisted member of the military. First of all, it can affect your ability to get into the military as if you have a restraining order you cannot own or possess any firearms. Depending on your role, it may make you ineligible to enlist.

How Can it Affect Me?

If you are already in the military and you are a restrained party under a restraining order it is important that you seek counsel during your hearing. A CLETS restraining order against you comes with criminal and civil penalties.  CLETS stands for California Law Enforcement Telecommunications System.  The restraining order will get put into the system and when your name is run it will be listed that there is a restraining order against you. CLETS contains information about restraining orders as well as details about the names of the protected person and the restrained person.  They do this so police will be aware that there is already a domestic violence issue and they will know how to respond to a call.

Having a CLETS restraining order means that you cannot possess a weapon or firearm.  If part of your employment requires this, you have the potential to lose your job.  Additionally, a CLETS restraining order will show up on a background check which can ruin your chances of being allowed to enlist depending on the security clearance that you need to do your job.

What Can I Do?

If you are in the military and facing a Domestic Violence Restraining Order, you need to hire an attorney to assist you in your defense.  The attorney can talk to the protected party and make sure they understand the implications of a restraining order and that it can affect support.  Maybe an agreement can be reached outside of court.

If the protected party still wants a restraining order, you need to prepare an adequate defense as this is a very serious issue.  Losing at the hearing can have the potential for you to lose your position.

Minella Law Group Can Help!

If you are in the military and facing a Domestic Violence Restraining Order the qualified staff at Minella Law Group can assist you.  For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you.