Expert: Jack Toomey - 10/7/2009

Question
QUESTION: Mr. Toomey,

  I have a Full order of Protection against me, and have been interested in the criminal justice field for a while. I was looking into going to the police academy in my area but I am curious (and nobody seems to have an answer for me), will the full order of protection prevent me from being able to do the field of law enforcement or criminal justice? I have tried to do my own research but keep coming up short on any answers as to what careers and fields of businesses I am prevented from with having the order of protection. Any information that you would have would be considered helpful at this time as it would be more than anyone has been able to tell me thus far. Thank you for your time and service to your community!
 
  Sincerely,
  Tara

ANSWER: Tara,

I need to know two things.  Did someone obtain the protection order against you prohibiting you from certain conduct?  Secondly when you say "I was looking into going into the police academy in my area" do you mean that you live in a state where people attend private police academies and spend their own money for tuition?

---------- FOLLOW-UP ----------

QUESTION: Mr. Toomey,

 The order of protection was from a domestic dispute that got INCREDIBLY out of hand! It prevents me from having any contact whatsoever with the other party, I am to stay 50 feet away at all times, and she is to have no contact with me as well. When I was looking at the academy, its a public city academy. Nothing private or anything like that. Being a single mother I am eligibile for grants to help me pay for the schooling but, I am concerned with the order of protection preventing me from doing the line of businesses that I have interest in. I would love to go back to school but am not sure of what careers I would be prohibited from with the order of protection being against me. Again, thank you for you time!

  Sincerely,
  Tara

ANSWER: Ok I understand the situation.  This is the problem as I see it.  In MY state there are no such things as police academies where the recruit or student has to pay the tuition.  In MY area of the country someone applies for employment with a certain police department and if he/she is hired the department sends him to their own academy.  Of course there is no charge and upon graduation you go straight to a precinct station and hit the streets as a patrol officer.

I had never heard of the type of academy that you are talking about until just a few years ago and am very leery of them because they do not guarantee the student employment in law enforcement.   What is even more troubling is that not every one (actually few) has the aptitude to become a police officer and these academies that you are talking about are happy to take your money with no guarantee that you will ever get a job in law enforcement.  With the department-run academy at least a person is who is not qualified or cannot pass a background check would never be hired and thus never enter the academy.

With your situation you could spend thousands of dollars and upon graduation and then walk out the door only to find that no department would hire you.  Or maybe you would find that several departments that would hire you.  I don't know the answer because there are thousands of police departments and each has its own hiring standards.  I don't know if you are aware of this but only about 10 - 15% of those who apply for employment in law enforcement are actually hired.

So to sum up the protection order certainly is not going to help you.  But it might not hurt you.  But if you live in an area of the country where they have nothing but these private academies you might be throwing your money away.

Why not check around and see if there are police departments in your area that do their own hiring and run their own academies?

---------- FOLLOW-UP ----------

QUESTION: Mr. Toomey,

  Thank you so much for your help! I know of a department like you are describing that is close by. The background check is my main issue and I know that it wont help. Would you have any other suggestions for me as far as what I can do to help put myself on the right trackwith this career or to see if this is really something I would be interested in? I have several friends that are members of law enforcement and I have done a few ride alongs but have yet to get the full spectrum of the career. Any advice for someone such as myself?
I understood you are adament about research and correct information. The advice from someone such as yourself would be greatly taken into consideration! Again, sir, thank you so much for your help!

Sincerely,
  Tara

Answer
Tara,

I'd say that there are reputable police departments and then there are those that are not well thought of and they tend to be small town departments.  The larger reputable departments can afford to be very selective in their hiring because their hiring pool is so large.  For instance my department typically has over a thousand applicants for one recruit class which is usually around 40-50 people.  But the small town departments (at least the ones that I know of) typically hire officers with prior experience so they don't have to pay for their training.

The problem with hiring someone with a criminal arrest record or some encounter with the criminal justice system is that the person could be questioned about their record everytime that they testified in court.  Their testimony would then be impeached.  That is why departments are reluctant to hire these people.  You will know soon enough when you fill out the application form.  Somewhere on there is going to be a question that will pertain to this restraining order.  My fear is that you could be turned down outright without being able to explain your case to whoever is making the decisions.  

The best guidance that I can give you is to prepare some sort of affidavit that explains your side of the protection order situation and if its a good story (meaning favorable to your side) then maybe they will overlook it.