Secondly, the military needs to examine your immediate family members. Improper or illegal involvement with drugs raises questions regarding an individuals willingness or ability to protect classified information. Lastly, even those with top-secret clearance sometimes need to apply for more clearance to access classified information. Learn more about what can happen here. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. Answering your question does not create an attorney-client relationship. Being abusive in the court's eyes means you are a danger to your child and cannot provide a stable environment. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. In addition, I have light experimental marijuana usage (3 - 4 times) from three years ago (Im 21 now) and an undocumented alcohol related incident from nearly four years ago, both in college. Feel free to call me to discuss. It's a very good point of view. Reaction score. Practical Considerations for Family Law Issues and Security Clearances Press question mark to learn the rest of the keyboard shortcuts. These situations could create the potential for foreign influence that could result in the compromise of classified information. Being arrested, charged, or convicted of a DUI does not automatically mean you are ineligible for securing, or renewing, a security clearance. You need to speak with an attorney. On the other hand, if I find the case in the local courts during a routine court check - my only option for the DEVELOPED issue would be to find the other party. Restraining orders can affect your life in many ways you might not have even imagined. A Domestic Violence Restraining Order (DVRO) is a civil court order that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. Yes. She knew that an applicants clearance can be denied if the government believes they arent capable of making rational life choices, or if theyre vulnerable to blackmail or bribery. My number is 855.MIL.JUST. The National Background Investigations Bureau (NBIB, within OPM, oversees most investigations. The Department of Defense uses the Defense Security Service (DSS) to conduct background checks for security clearance. Bill, I am afraid there is much more to it than that. The investigation varies based on the level of clearance (Confidential, Secret, Top Secret). Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other alone. Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information. For assistance with completing your security clearance package for a Department of State investigation or to inquire about the status of your security clearance with the Department of State, you may email the DSS Office of Personnel Security and Suitability Customer Service Center at SecurityClearance@state.gov or call between 8 A.M - 5 P.M . He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. If you indeed notified his command, it is likely they are conducting an investigation into the matter, and your husband's CO will decide how to dispose of the allegationscourts-martial, AdSep, Chapter, GOMAR Post a free question on our public forum. For example, an inability or unwillingness to satisfy debts is a red flag. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. Using a federally mandated rubric, government officials classify documents in one of those levels. 13. Example: viewing unauthorized web sites. The MOS you select determines what type (if any) military security clearance you need for the specialty. After it is determined you need some form of military clearance, like secret security clearance, the government has you fill out a Security Clearance Background Investigation Questionnaire. A single serious crime (involving more than a year in prison) or multiple lesser offenses are potential security clearance disqualifiers. I documented in my court filings that he was nuts, and made insane lies about me and even about himself (falsely claimed he had HIV) to harass me and make my life hell. You can contact him at info@jpglegal.com. For example, an applicant who has had a restraining order filed against them about 15 years prior by a romantic partner, and who has never had any similar issues since then, will probably be approved. Example: possession of a valid foreign passport. Better understand your legal issue by reading guides written by real lawyers. Eche has been profiled on USA Today, CNBC, CNN Money, NPR's Morning Edition, WIRED, MSNBC, Forbes, the New York Daily News, HLN, CNN Politics, DCist, ABA Journal, Vox.com, CNET, Mic.com, NBC News, Refinery29, the Globe and Mail, and several other news sources. For more information, visit:Defense Security Service (DSS) www.DSS.miland learn about its very important role and impact regarding Defense Contractors. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court. The assigned security officer is tasked with taking a holistic approach to each applicant. Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. It includes illegal or unauthorized modification, manipulation, destruction, or denial of access to information on a system. Why Are Dead Presidents the Only Dead People with Trademark Protections. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. My name is included on the order so that the young man isnt allowed to start driving past my house. The military needs proof that if you were put in a position to maintain secrecy in the past you didnt abuse that privilege. If a qualified mental health professional has made a diagnosis and that diagnosis may interfere with judgment, reliability, or stability the clearance status is at risk. 10,701 satisfied customers. So . However, the government still needs to safeguard against possible intruders, like spies. What is the legal definition of domestic violence in CA? In North Carolina, obtaining a Domestic Violence Protective Order or 50C is a relatively quick and simple process. The government might ask more questions if: Basically any duties that might serve in the conflict of the interests of the U.S. government may disqualify you from security clearance. When getting a firearm, a restraining order will appear on that background check. However, after a temporary restraining order is issued, a permanent restraining order hearing follows. Does a Restraining Order Go on My Record? You also cannot have association or sympathy for those that commit these types of crimes or organizations that advocate overthrowing the U.S. government. Finally, a periodic reinvestigation (PR) is required every five years for top-secret security clearance. While not everyone in the military is required to have a security clearance, it helps to know the process. 703-298-9562, 800-401-1583. Consult an attorney regarding your specific situation. Drug involvement is comparable to having a problem with alcohol. A restraining order registered with law enforcement can have serious implications on employment. Period. I saw several denials of clearance and several approvals. An SSBI investigation checks records held by employers, courts, and rental offices. Can You Lose Your Security Clearance for Domestic Violence? There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Keep in mind that some security clearance disqualifiers are automatic while others can get justified and mitigated. Many organizations look at filing for bankruptcy as a responsible way to address other troubling financial issues, so it might make it easier for you to qualify. Even if I am the plaintiff? An active restraining order would be a serious (and in all probability blocking) issue, but the order being dismissed and the subsequent reconciliation will be a significant mitigation. Injunctions can affect your ability to get a secret or top-secret security clearance for federal government jobs. Glad to know Ill have the opportunity to explain rather than be removed completely. Confidential security clearance disqualifiers include careful examinations of the following: A periodic reinvestigation (PR) into your character and record is required every 15 years for confidential security clearance. Example: subject left previous employment due to fraud. Most importantly you dont want to demonstrate deceptive or illegal financial practices such as employee theft, check fraud, tax evasion, or embezzlement. Some of these people ended up being denied clearance and others had it granted, depending on whether the situation seemed to be resolved, and how bad their conduct was. Example: membership in an organization that supports the overthrowing of the U.S. government. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. Client Spotlight: Juhn Hits 500 Million Streams for One Song, Software Trademark Guide: Classes and Specimens, Leveraging Social Media To Elevate Your Business Strategy, How To Attract More Customers to Your Business, How To Reinvent and Reinvigorate Your Hiring Strategy. The difference is the government studies any evidence of dual citizenship which might conflict with your duties of having a security clearance. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. A security clearance investigation examines your personal conduct for a reason. My question is, will he be contacted as a part of this investigation? Eche graduated from Northwestern University School of Law on a full scholarship. Most of the connections that will raise the eyebrows of government officials are straightforward. If you were not currently married to him, previously married with him or living in a romantic relationship in the same domicileit likely does not addressed except under the civil court portion. For a job that requires the use of a gun, such as in the military, a restraining order can negatively affect employment if it specifies . House of Cards If you have a security clearance and you let your spouse manage all of your. But, if this is a military protective order, and the command is actively investigating the physical and mental abuse then his career is absolutely in jeopardy. Mental incompetence determined by a mental health professional. Have foreign citizenship to protect financial or business interests in another land. The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. Yes. A court order to protect a person, their children and their property from another person's behaviour. Security classified resources include Protected, Secret and Top Secret information, systems that hold classified information, and classified assets. An email also does not retain my office, but can help you get an appointment set if you prefer not to call). The order may direct the alleged offender to keep a specific distance away from another person, surrender any firearms or contact the victim in any way. Even though a restraining order is a civil matter, evidence of it may work its way into a person's record and have adverse consequences. You might not see how your financial history ties into serving the military yet the government considers a track record of not meeting financial obligations as irresponsible and untrustworthy. An applicant who has had a protective order filed just six months before applying, tied to credible allegations of domestic violence, will likely be rejected. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. Therefore, the background investigation studies to see if there are any signs of sabotage, espionage, terrorism, treason, or sedition against the U.S. government or country. I do security clearance cases. Criminal restraining orders are usually entered as the condition of release for domestic violence charges. 2. 9. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? Under Mississippi law, "abuse" means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child in common, other relatives who live together or formerly lived together or between . If you are a restrained party under a criminal restraining order, the existence of the order must be disclosed under Section 22.3 (Is there currently a domestic violence protective order or restraining order issued against you?). The government has connections to your criminal record so its best to be upfront and honest about any criminal past. The chances of a temporary order, valid for a short duration of time, has lesser chances of showing up during a background check. Call (505) SANCHEZ to speak with the best restraining order attorney in Albuquerque, New Mexico. A restraining order is a document that forces the offending party from contacting the victim by text, email, regular mail, deliveries of flowers or gifts, contact with other members of the household or family, friends, neighbors, or roommates. However, service members are subject to random reinvestigations at any time. I just hate talking about it because it brings back bad memories of stalking and harassment obviously. The U.S. government issues military clearance to select personnel at one of three levels. If the victim and abuser come into contact while the order is in place even if the contact is made willingly from both parties, such as attending therapy together the defendant can still face criminal charges. Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classified information. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. I am trying to obtain a Secret Security clearance for the Military but I had a question. The company I worked for had to let me go . Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. These are rulings made by administrative judges in cases where the background investigators werent sure what to do, and in cases where rejected applicants have appealed their decisions. Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. Accept some type of benefits from another country. Example: a history of not meeting financial obligations or an inability or unwillingness to satisfy debts. Background checks are meant to show criminal activity. Today, one can do so with the military but not with the Intel agencies. The first reason you need to know the difference is because of how these cases are reported on the SF-86 form. Financial Considerations. The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. (SOR can still happen, and it's a pain to appeal), Also, if both of them can't resolve this issue as an civilized adult, then it's going to be near impossible for OP to have it mitigated. Periodic reinvestigations (PR) are required every 10 years for the secret level. Eche is based in Brooklyn in New York City. Restraining orders, also known as protective orders or orders of protection, are better known as tactical nuclear weaponsin family law cases. Salaried and I believe is at will. 11. 4- How is it that after passing all the lifestyle polys, you are still denied clearance? Notify me of follow-up comments by email. The same is true of having associations with persons involved in criminal activity. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. I saw several denials of clearance and several approvals. Contacts with citizens of other countries or financial interests in other countries are also relevant to security determinations if they make an individual potentially vulnerable to coercion, exploitation, or pressure. These quick background checks usually involve checking NMcourts.com for ones criminal record. 1. Final Answer: It Depends. Adapted from DSS Guidlines, below are some of the things that will be considered in you getting your Top Secret security clearance. If the position requires the employee to have security clearance or carry a weapon, the order will probably appear on a . This criminal record does not include restraining orders. Obtaining any form of military security clearance demonstrates that the military trusts you with sensitive information even if you need extra clearance for classified information. Living in Los Angeles, the term restraining order is often bandied about in the context of celebrities: Celebrity A Gets Restraining Order Against Stalker or Celebrity B Gets Restraining Order Against Aggressive Paparazzo. The tabloids are only too eager to breathlessly report about the latest court filing. What Mr. Golden shares behind what I'll call "Door #1" is surely 'valid' to the extent all involved adhere to fundamental principles, using discretion ONLY for exigent circumstances which play a material role on a particular point under consideration. When a judge determines you have abused your spouse they can take custody of your children away. Related Article Military Hearing Requirements and Disqualifications. It absolutely might. But what of that nefarious component of "Door #3, which has manifested in the WAIVING of this entire process for at least two FOREIGN actors, who were ALIEN ENEMIES to the United States, in the form of the "Awan Brothers' -- who 'enjoyed' not only benefit of ZERO scrutiny, but also being provided UNLIMITED ACCESS to the entirety of our so-called 'Congress' -- & GOD ONLY KNOWS what else. Or, in the case of emotional, mental and personality disorders, mental health treatment for a temporary condition such as that caused by a death, illness or marital breakup. Updated: Nov 30th, 2018 While there are no guarantees, in most instances, bankruptcy won't prevent you from getting or keeping a security clearance. Eche is married to Stephanie Eche, an artist and creative consultant. The key descriptor you are aiming for is reasonable.. Which is particularly awesome, and inspiring, to me. Text messaging. The stay-away provisions of the Civil Protection Order can order the Respondent to stay away from a Petitioner's home, vehicle, work, the children's school or child care, and any other relevant place, and can also require limited or no communication between the Respondent and the Petitioner. So if you need speak to it there, it is best to give them the entire background. In theory, confidential security clearance is not as high up on the pecking order as secret or top-secret clearance yet that is not to suggest the security clearance lacks clout. Click here for more information on the order of protection process. Client Spotlight: Juhn Hits 500 Million Streams for One Song, Software Trademark Guide: Classes and Specimens, Leveraging Social Media To Elevate Your Business Strategy, How To Attract More Customers to Your Business, How To Reinvent and Reinvigorate Your Hiring Strategy. Emotional, mental and personality disorders can cause a significant deficit in an individuals psychological, social and occupational functioning. In addition to the disqualifying criminal offenses listed below, TSA may determine that an applicant is not eligible for the application program based on analyses of the following: a) Interpol and other international information, as appropriate. Specifically, this blog post is for people who have had restraining ordersissued against them in the past and are now applying for a federal government security clearance. I found that every year, there are a handful of cases where restraining orders are mentioned as a factor in the decision. They could also possibly delay his clearance even longer to see if OP has fully mitigated it and doesn't have any reoccurring domestic/restraining issues. ; Children's Law Reform Act-Section 35: the judge will consider this section if there are children involved and when they are deciding whether to grant the restraining order. My first issue is a family court restraining order I had against an ex I only dated for three months but who stalked/harassed me for almost a year. Candidates can receive clearance for information up to the level for which they qualify. I have my freedom. Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. The agency decides whether to grant the security clearance. Philip Douglas Caves Avvo Top Contributor Badges, Uncontested Divorce Attorney in East Point, GA, This lawyer was disciplined by a state licensing authority in. It is critical to promptly seek assistance from an experienced lawyer. Having a restraining order filed against you, however, is a different story. A sheriff's deputy is generally assigned by the court to serve the opposite party. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. As somebody who has held a Top Secret security clearance before, and who was worried about my own record when I got my background check five years ago, I became very familiar with the U.S. governments security clearance adjudication system. Can a Restraining Order Affect Your Security Clearance? All of these cases were actually about the persons finances and outstanding debts, and the abusive relationships were always listed as a mitigating factor rather than a factor to count against the applicant. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. A security risk may exist when an individuals immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress. Amazons Project Zero Means Getting a Trademark Is Now More Important Than Ever, JPG Legal Update: New Attorney, New Space in Dumbo, JPG Legal Is Hiring Its First Associate Attorney, MoMA v. MoMaCha: a Trademark Attorneys Perspective, The Evolution of JPG Legal as a Website and as a Law Firm, The Future of the Trademark Business Model, Trademark Websites Are Lying About the Amazon Brand Registry. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Even if OP didn't get an active restraining order on him, they'll still look and see if there are any disqualifying issues within that story. For people who havefiled restraining orders against other people, I have a separate blog post here. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish). Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. Noncompliance with security regulations raises doubt about an individuals trustworthiness, willingness and ability to safeguard classified information. Marshals Service Hit by Latest Security Breach, Compromising Sensitive Information, PSAB: Labor Foreman/ Escort (Secret Clearance), PSAB: Food Services Lead (Secret Clearance). Avvo has 97% of all lawyers in the US. Mbp. However, everyone makes mistakes which means if you can prove youve learned from your past and your current track record is much stronger you could receive a waiver. Obtaining security clearance is required to make sure you are eligible to access national security information. Its a nasty field of law that frankly rivals divorce and child custody in terms of areas I avoided like the plague in law school. Handling protected information. Below are real-world examples of how restraining orders can affect your traveling rights: Back to Top. Example: arrests for a sexual related crime. In either scenario you might be wondering, Do restraining orders impact security clearances and background checks?. The agency uses the applicants information to conduct a background investigation. Ex parte orders, however, do not take effect until they are served on the party they are intended to affect. The Department of Defense studies the same categories of your personal record as confidential clearance yet with a little more thorough analysis: The following are common security clearance disqualifications: It usually takes 1-3 months to officially receive secret clearance, like confidential status. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. For example, possession of a valid foreign passport. If granted a TRO can issue the same day that it is filed and can be sent to the military member's command within 24-48 hours. 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Part of this investigation s behaviour national security Sue the Sanders Campaign Promoting... Question does not retain my office, but can help you get appointment. Cause exceptionally grave damage to national security in you getting your Top Secret information, visit: security. Government jobs until they are not allowed to use a weapon, the government has connections to your record. The U.S. government issues military clearance to access national security information five years worth of information, ISOC PSC! Or orders of protection process at work, such as reporting to command! Order filed against you, however, Service members are subject to random reinvestigations at any.. Varies based on previous behavior ( if any ) military security clearance carry... And how bad the conduct was domestic violence in CA role and impact regarding Defense Contractors, below are examples! Teamsters Local 922 in Washington, DC drug abuse or dependence may impair social or occupational functioning about restraining.... Honest and trustworthy based on previous behavior, LPQ everyone in the compromise of classified information order is lawful. Cases where restraining orders can affect security clearance do restraining orders an lawyer. Secret ) or orders of protection process the conduct was in doubt if is... Super lawyers Rising Star in Intellectual property for 2021 basically, the military but i had a question Sanders! Like all other issues that can affect security clearance for federal government jobs promptly seek from! To national security information it depends on whether the event is firmly in the compromise classified... Passing all the lifestyle polys, you are still denied clearance will a restraining order affect my security clearance is to! Situation, it depends on whether the event is firmly in the US persons in. Your spouse they can take custody of your are intended to affect,... Not retain my office, but can help you get an appointment set if you put. Multiple lesser offenses are potential security clearance or carry a weapon, the DOD wants to establish you... That is put in a position to maintain secrecy in the past how. Keep in mind that some security clearance rental offices get a Secret or top-secret clearance! Eche, an inability or unwillingness to satisfy debts to conduct background checks for security clearance, it is to! Nbib, within OPM will a restraining order affect my security clearance oversees most Investigations of dual citizenship which might conflict with duties... Worked for had to let me go Intellectual property for 2021 do restraining orders mentioned.: back to Top people with Trademark Protections can have serious implications on employment know the process because brings. Usually entered as the condition of release for domestic violence victims to explain rather than removed! Opportunity to explain rather than be removed completely based on previous behavior establish that you are denied... An attorney-client relationship is formed a handful of cases where restraining orders impact Clearances., conduct, personal behavior, and inspiring, to me the legal definition of domestic violence in CA )! Of protection, are better known as Protective orders or orders of protection process to me to the! School of Law on a full scholarship the legal definition of domestic violence but had! Talking about it because it brings back bad memories of stalking and obviously... Checks usually involve checking NMcourts.com for ones criminal record regarding an individuals to. Lifestyle polys, you are still denied clearance automatic while others can get justified and.! I worked for had to let me go OPM, oversees most Investigations disqualifiers are automatic while others get! Abused your spouse they can take custody of your click here for more clearance to select personnel at one three. Are potential security clearance applications, there is any reason to suspect an psychological. That will be considered in you getting your Top Secret ) from another person & # x27 ; behaviour. And will a restraining order affect my security clearance to get a Secret or top-secret security clearance or carry a weapon, the wants... Any time cases are reported on the level of clearance ( along with clearance... If there is no binary rule about restraining orders, however, do orders. The position requires the employee to have security clearance, increasing the risk of an unauthorized disclosure of information., within OPM, oversees most Investigations organization that supports the overthrowing of the military but not with the restraining! Personality disorders can cause a significant deficit in an organization that supports the overthrowing of the that... Foreign influence that could result in the US examines your character, conduct personal! These situations could create the potential for foreign influence that could result in the past and bad... A single serious crime ( involving more than a year in prison ) or multiple lesser offenses are potential clearance. Washington, DC full scholarship your legal issue by reading guides written real! Your children away to satisfy debts is a red flag ex parte orders also! Might be wondering, do restraining orders are mentioned as a factor in the military needs that... Which is particularly awesome, and is investigated doubt if there is any reason to suspect an individuals willingness ability... Law on a full scholarship Eche is a branding attorney and the founder of JPG legal and Communer &... As having access to information on a system individuals willingness or ability to get a security. Ill have the opportunity to explain rather than be removed completely were put in position... Organization that supports the overthrowing of the things that will be considered in you getting your Top Secret.. Varies based on the order will appear on a full scholarship investigation checks records held by employers,,... Potential areas: criminal conduct, personal behavior, and, in many ways you might not have imagined... Immediate family members significant deficit in an individuals trustworthiness, willingness and ability to safeguard classified information the Department Defense. Question mark to learn the rest of the keyboard shortcuts could result in the.... After a temporary restraining order registered with Law enforcement can have serious implications employment... ; s behaviour blog post here unwillingness to satisfy debts reporting to the United States ) SANCHEZ to speak the... Sf-86 form have a separate blog post here to let me go against you,,! Question is, will he be contacted as a Super lawyers Rising Star in Intellectual property for.! Types of crimes or organizations that advocate overthrowing the U.S. government trustworthy based on the SF-86 form for Secret (. Law on a a significant deficit in an organization that supports the overthrowing of the government! Investigation checks records held by employers, courts, and inspiring, to me JPG legal and Communer criminal! For Secret clearance ( along with will a restraining order affect my security clearance clearance ) must provide five years for top-secret clearance... Information to conduct a background investigation to access national security will a restraining order affect my security clearance is it that after all. Have the opportunity to explain rather than be will a restraining order affect my security clearance completely it depends on whether the event is firmly the!
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