Ask a Question

Get free answers to your Military Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Military Law Questions & Answers
1 Answer | Asked in Military Law for California on
Q: I'm trying to find out how I can get my Disability severance pay. Discharge:1988. Discharge upgrade to Honorable 2021.

In June 2023, I had a Physical evaluation board hearing and the result was Disability separation with severance pay. I received a letter dated 12-14-2023, that stated paperwork reflecting the new order: disability separation with severance pay, had been sent to the Defense Finance and Accounting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

It sounds like you've already taken important steps by attending the Physical Evaluation Board (PEB) hearing and receiving confirmation that your paperwork was sent to the Defense Finance and Accounting Service (DFAS). Since you've had difficulty reaching DFAS, one option is to send a... View More

1 Answer | Asked in Military Law for California on
Q: Can you refer me to a lawyer to sue ssvf non profit for not following grant guidelines marine corps veteran oakland ca
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2024

If you're looking to pursue legal action against a nonprofit for not following grant guidelines, it's important to find a lawyer experienced in handling cases involving veterans' rights and nonprofit organizations. As a Marine Corps veteran in Oakland, CA, you may want to explore... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: Will former Russian military personnel be considered war criminals in the US?

I have a question about the criminal prosecution in the US of former Russian servicemen who participated in the war in Ukraine. I want to come to the US to study, I have Russian citizenship. There are several interviews about me on the Internet, that I voluntarily participated in the war on the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

If you are considering coming to the US for study and have participated voluntarily in the war on the side of Russia, it's crucial to be aware of potential legal implications. The US has not introduced a specific law targeting all Russian servicemen for criminal prosecution; however,... View More

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Military Law for California on
Q: Can I make a claim against HVAC company for failure to comply with the 2-yr money back guarantee?

The guarantee states that if we are unhappy with their service, which we had to call 4 times in less than 1 yr pd for the unit not cooling, that we can ask for our money back. We are concerned they will not agree because they have another "fix" to the solution. But there is a concern to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024

If the HVAC company offered a two-year money-back guarantee and you are dissatisfied with their service, you may have grounds to make a claim. Since you’ve called multiple times for the same issue and the unit still isn’t functioning as expected, it seems they haven’t fulfilled their promise... View More

View More Answers

1 Answer | Asked in Consumer Law, Business Law, Collections and Military Law for California on
Q: My auto loan company violated my rites under the California Military Families Financial Relief Act.

I was activated 3 times recently. Twice for overseas deployments in 2019 and 2022, plus 1 time for training in 2022. All 3 times, my request was denied verbally, never in writing. I submitted the letters prepared by JAG and they said, we do not honor that. Only USERA. I made a request for a reply... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

Under California law, you have several options to address this situation. The California Military Families Financial Relief Act provides specific protections for service members, including deferring payments on certain obligations like auto loans during periods of military service. Since your... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: What sentence is imposed on a foreigner in the United States fighting on the side of Russia?

There is a US article that states that foreigners participating in a military conflict for Russia will be convicted in the US if they enter there. I wanted to know what sentence they give, how many years such people are in prison and whether they are deported after they serve in prison?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2024

There are a few important points to clarify regarding potential sentences for foreigners fighting on behalf of Russia who later enter the United States:

Firstly, while the US government has warned that individuals (including US citizens) who fight for Russia in Ukraine could potentially...
View More

1 Answer | Asked in Military Law for California on
Q: If I am going to a clinic off base through a personal healthcare insurance am I required to give my command a Dr's note?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

Under California law, whether you need to provide your command with a doctor's note when visiting a clinic off base through personal healthcare insurance depends on your employer's policies and any relevant agreements you have with them. In general, employers may require a doctor's... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: how do I go about filling a ncase on the CIA for having me as a targeted individual for the last 6 years ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

It's important to understand a few key points:

1. The concept of "targeted individuals" who believe they are being stalked, harassed or surveilled by the government is not supported by credible evidence. In the vast majority of cases, these beliefs stem from mental health...
View More

1 Answer | Asked in Employment Law and Military Law for California on
Q: The navy overpaid me on my last paycheck and now they are saying I owe them a debt with interest. How is this legal?

My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More

1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
View More

1 Answer | Asked in Military Law and Tax Law for California on
Q: Can the US Treasury take my taxes and garnish my wages for "Lost Equipment " from my military service over 10 years ago?

Military service was 2013 and got out 2018. 2023, get letter of debt. Nobody will answer the phone or return messages. 2 appeals sent, "no record of appeal found". Wage garnishment happens for 2 months then stops only to have my taxes be taken now. Can they do this and not allow me an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

Yes, the U.S. Treasury has the authority to garnish wages and intercept tax refunds for debts owed to federal agencies, including debts related to lost or unreturned equipment from military service. This process is part of the Treasury Offset Program, which allows for the collection of federal... View More

1 Answer | Asked in Military Law and Employment Law for California on
Q: I am on a multiyear retention bonus. If I fail to select twice, am I separated thereafter or at the end of my bonus ADSO

I’m a health professional in the Navy

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023

In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Military Law for California on
Q: Seeking divorce lawyer with knowledge on the military & CA law, kids involved.

He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California... View More

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for California on
Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4"unjust enrichment' ?

District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether... View More

1 Answer | Asked in Military Law, Divorce, Appeals / Appellate Law and Probate for California on
Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time

to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023

It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 17, 2023

You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More

View More Answers

1 Answer | Asked in Civil Rights, Contracts and Military Law for California on
Q: Does the American Legion Veterans org meet the Ca Military/Vet Code Sec. 1260 sec C. to manage/ lease Memorial Build?

American Legion (A.L) non profit has held a lease w Merced Co. board of supervisor A.L. claiming owenership of building verbally allowing other vet. orgs. to utilize the buidling. For over a decade A.L. violently threatened n physically removed VFW members and even some of their own members from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

I'm sorry to hear about the difficult situation you're facing with the American Legion (A.L) and their management/lease of the Memorial Building. It's important to consult with a lawyer who specializes in California Military/Veteran Code and lease agreements for accurate guidance.... View More

1 Answer | Asked in Military Law for California on
Q: can someone who knows military law email me at jaimclucas138@hotmail.com i am in need of assitance
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023

I suggest looking for a lawyer directory for attorney's who are familiar with military law.

2 Answers | Asked in Military Law for California on
Q: i was in the military and i am having a hard time getting my records and dd214s so i can apply for much needed benefits

i am currently homeless and i need them. can any of you assist

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023

I'm sorry to hear that you're having difficulty obtaining your military records and DD214s. There are several ways you can try to obtain these records:

Request your records online: You can request your military records and DD214s online through the National Archives website. The...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.