Do I need to disclose this?

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cardinals03
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Do I need to disclose this?

Postby cardinals03 » Fri Jul 01, 2011 1:41 pm

I received an email today about an admonitory action update form. When I did my application, I answered no to all the questions, but now I am second guessing about one thing. About 10 years ago, I had an order of protection taken out against me....bogus to say the least. Basically, as you all know, they grant these to anyone who applies. Nothing ever came out of it and no criminal charges for violation. Does this qualify as something that may come back to haunt me? I don't want to bring this up to the school if I don't have to. Any thoughts?

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icecold3000
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Re: Do I need to disclose this?

Postby icecold3000 » Fri Jul 01, 2011 1:51 pm

Did any question on the application specifically ask about a restraining order? Maybe a blanket question asking "is their anything else which might effect your character and fitness."

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cardinals03
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Re: Do I need to disclose this?

Postby cardinals03 » Fri Jul 01, 2011 1:58 pm

icecold3000 wrote:Did any question on the application specifically ask about a restraining order? Maybe a blanket question asking "is their anything else which might effect your character and fitness."


No, no question like that....basically asked about criminal arrests and prosecutions. I am mainly concerned that I would not be allowed to take the bar if this popped up on a check...something stupid that I would hope would not ruin my chances.

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icecold3000
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Re: Do I need to disclose this?

Postby icecold3000 » Fri Jul 01, 2011 2:05 pm

I am by no means an expert, but it seems like if you can have a DUI as well as other pretty bad stuff and still sit on the bar, I would not think that a restraining order from the 1990s would disqualify you. I would be more worried about full disclosure.

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sd5289
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Re: Do I need to disclose this?

Postby sd5289 » Fri Jul 01, 2011 2:33 pm

cardinals03 wrote:About 10 years ago, I had an order of protection taken out against me....bogus to say the least. Basically, as you all know, they grant these to anyone who applies. Nothing ever came out of it and no criminal charges for violation.


a) By who? Your partner? As in a domestic violence OP? Good luck with that [/sarcasm]. DV is taken extremely seriously in just about every application process that is connected to the legal field.

b-1) Doesn't matter if there were no criminal charges filed. The judge still saw reason to grant the OP, and speaking as someone who works in this field, no, they do not just grant these to anyone. The petitioner has to show cause, which often comes in the form of a police report, hospitalization record, witness statement, etc etc.

b-2) If it was the state who took out the OP against you, then that means it was tied to the disposition of pending criminal charges of DV against you. At that point, you're really f*cked. However, you imply there were no arrests or prosecution, so it's more likely the first scenario. Since you used the term OP (whereas most places use restraining order), did this happen in Family Court in NY?

CanadianWolf
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Re: Do I need to disclose this?

Postby CanadianWolf » Fri Jul 01, 2011 2:36 pm

Some judges & jurisdictions do grant them to almost anyone ex-parte so long as a full hearing is held within 5 or so business days.

OP: Even though the protective order may have been issued without just cause, you still should disclose. If you don't, you'll worry for the next several years over something that is better dealt with now.

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sd5289
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Re: Do I need to disclose this?

Postby sd5289 » Fri Jul 01, 2011 2:45 pm

Jurisdictions do vary widely.

I think you're best off answering the following questions for yourself first:

- how long was it in effect? If any longer than the standard amount of time given for ex-parte or emergency orders, then you may have a problem.

- what jurisdiction? In the jurisdiction I work in, a temporary OP is taken out for about 30 days and then both parties return to the court where the judge will decide whether or not to make it "permanent" (e.g. 1 or 2 years). Unless you're just a huge fan of St. Louis, I'm assuming Missouri.

- what were the allegations in the petition for the OP?

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emciosn
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Re: Do I need to disclose this?

Postby emciosn » Fri Jul 01, 2011 2:49 pm

All the apps I filled out just asked for arrests and school probation type things. Seems like you can answer no to both of those things to me.

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cardinals03
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Re: Do I need to disclose this?

Postby cardinals03 » Fri Jul 01, 2011 6:35 pm

First - it was not for DV - a dispute between me and my brother over a land boundary got heated.

Here is the way the question is worded on the app:

Have you ever been arrested, taken into custody, formally accused, indicted, charged, cited, or convicted (by plea agreement, no contest plea, or otherwise) in connection with the violation of a law or ordinance in any jurisdiction? The foregoing includes adult offenses and matters that have been expunged or otherwise removed from court records. You may omit only minor traffic violations that did not result in a jail sentence, suspension, or revocation of your driver's license, or that resulted in a fine of less than $200. However, any arrest, charge, or conviction for driving while intoxicated or under the influence of alcohol or drugs must be disclosed regardless of outcome or sanction imposed. organization? position of responsibility?

I have never been arrested, placed in custody, formally accused, indicted, cited or convicted. This was strictly a civil matter....if I had violated the order, it would have become criminal. Also, I have bought numerous firearms since, so it is not on my record....I also checked my state criminal record to make sure. My main concern was the state where I will take the bar (TN....not MO---just a huge Cardinals fan) would run a background check and find this somehow. However, maybe they would not because it does not show up as criminal activity. Also, the order was in effect for the standard 1 year. I did not contest it because I did not see it as worth my time. Acording to the app question above, I have not answered anything untrutfully. Agree?

SchopenhauerFTW
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Re: Do I need to disclose this?

Postby SchopenhauerFTW » Fri Jul 01, 2011 6:39 pm

cardinals03 wrote:First - it was not for DV - a dispute between me and my brother over a land boundary got heated.

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