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Military Law Questions & Answers
1 Answer | Asked in Consumer Law, Constitutional Law and Military Law on
Q: k as free people are we not allowed to truthfully have contraband i know if i joined the military i wouldn't be allowed

to because i signed over my freedom to the core so i wouldn't be free no more but since i am free & not in the military i am allowed contraband because that my friend is liberty the 14 amendment says no law shall be created that deprives a united states citizens privileges which would be... View More

James L. Arrasmith
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answered on Mar 27, 2024

It's essential to understand that the concept of liberty or freedom in the context of U.S. law doesn't permit an individual to possess or engage in all types of behavior without limitation. While the 14th Amendment of the U.S. Constitution does protect individual rights and liberties, it... View More

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: When is a DA Form 3881 (rights warning procedure/waiver certificate) required in conjunction with a DA Form 2823?
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answered on Mar 26, 2024

When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Military Law for New York on
Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

James L. Arrasmith
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answered on Mar 24, 2024

You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
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answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... 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

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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

2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

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answered on Feb 29, 2024

From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.

If that is the case, you may be able to seek an upgrade of...
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1 Answer | Asked in Criminal Law and Military Law for Louisiana on
Q: Is there any way to stop voice to skull ?
James L. Arrasmith
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answered on Mar 1, 2024

Stopping voice-to-skull technology can be challenging, as it involves complex electronic manipulation. However, there are steps you can take to mitigate its effects. Start by minimizing exposure to electronic devices and electromagnetic fields, as these can amplify the transmission of such signals.... View More

1 Answer | Asked in Military Law and Family Law for Oregon on
Q: I have been married but not living together with my veteran husband who passed away in January.

I can't find paperwork or soc sec.number how could I get that information legally as his wife? I have 2 order our marriage certificate since don't have that anymore either

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answered on Feb 27, 2024

In your situation, gathering necessary documents and information following the passing of your veteran husband can feel overwhelming. First, obtaining a copy of your marriage certificate is a wise step. You can request this document from the vital records office in the state where you were married.... View More

1 Answer | Asked in Military Law and Family Law for Texas on
Q: Hello, so I’m the sole provider for my family (Wife, Step son) my wife got court ordered to stay in bell county.

I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me... View More

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answered on Feb 25, 2024

Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:

1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by...
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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

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1 Answer | Asked in Military Law for Maryland on
Q: How to I get a PADD to give to Arlington National Cemetery to have my father's remains interred there. My mother is

Already interred there. My father is the veteran and just died.

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answered on Feb 25, 2024

Here are the key steps to getting a Presidential Memorial Certificate (PMC) for your late father to be eligible for interment at Arlington National Cemetery with your mother:

1. Obtain your father's military discharge papers (DD Form 214 or equivalent) showing dates of active service,...
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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

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answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... View More

1 Answer | Asked in Military Law for Texas on
Q: Question regarding ar 15-6 investigation
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answered on Feb 4, 2024

If you're involved in or subject to an AR 15-6 investigation, it's essential to understand the process and your rights. An AR 15-6 investigation is a type of administrative inquiry within the United States Army used to collect information and facts related to specific allegations or... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

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answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
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2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

James L. Arrasmith
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answered on Jan 22, 2024

Finding an attorney can sometimes be challenging, especially in high-demand areas like family law. If you've had difficulty securing a lawyer through referral services, consider reaching out to your local bar association in Snohomish County or the Washington State Bar Association. They often... View More

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1 Answer | Asked in Domestic Violence, Military Law and Family Law for Louisiana on
Q: My ex husband retired military veteran.. emotionally abused me for years. I need help. Me and my kids didn't get a dime.
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answered on Jan 11, 2024

Dealing with the aftermath of emotional abuse, especially in a military family, can be incredibly challenging. First and foremost, it's important to recognize the strength it takes to seek help in such a situation. The emotional toll on you and your children is a serious concern and addressing... View More

1 Answer | Asked in Military Law for North Carolina on
Q: I was discharged in 2008 with a medical discharge and 10% rating. My first claim I went to 40%

In under two years of being discharged I was and still am 90 P/T and unemployable. Do I qualify for a medical retirement?

James L. Arrasmith
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answered on Jan 11, 2024

It's important to understand that medical retirement from the military and VA disability compensation are separate matters. Medical retirement typically applies to service members who are found unfit for duty due to a medical condition, and it often depends on the length of service and the... View More

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