Colorado Military Law Questions & Answers

Q: Does violation of a punitive article of the UCMJ *require* a court-martial?

1 Answer | Asked in Criminal Law and Military Law for Colorado on
Answered on Apr 29, 2018
Robert Donald Gifford II's answer
It does not. The military is a "command driven system," in that the commander (with the advice of his legal advisor/Judge Advocate) can use the other tools in his tool box for punishment and correction (non-judicial punishment, counseling, letter of reprimand, administrative separation, etc.).

Q: What can I do about someone making false accusations against me with animal control about the wellbeing of my animals?

1 Answer | Asked in Animal / Dog Law and Military Law for Colorado on
Answered on Apr 3, 2018
Kristina M. Bergsten's answer
You have to fight the citations in court, if you get court dates.

Q: If my mpo is expired and I haven’t signed a new one or been notified of a new mpo. What does that mean

1 Answer | Asked in Military Law for Colorado on
Answered on Mar 18, 2018
Patrick Korody's answer
As long as the MPO has expired, and you have not received a new one, then there is no MPO in place. However, it wouldn't be wise to make contact with the protected person, as that often leads to a new report of harassment/stalking/abuse and another MPO.

Q: Filed my divorce we had to do a mediation I deployed prior to that, unknown on status who do I contact now to finish?

2 Answers | Asked in Divorce and Military Law for Colorado on
Answered on Mar 6, 2018
Stephen J. Plog's answer
You should contact the court/court clerk where the case was originally filed to check the status of things and whether you will need to refile. You could also contact your spouse to assess as well.

Q: 100% blind disabled veteran seek relief fm incorrect $151k collection from DFAS derived from 5 yrs alleged overpmts

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Military Law for Colorado on
Answered on Mar 20, 2017
Tristan Kenyon Schultz's answer
Yikes! Due to the sums involved, it is highly recommended that you contact an attorney that specializes in military law and/or military disability claims. Since the VA and DoD are not known for their transparency or efficiency, I suspect that something can be done legally.

Q: Is it legal for a 26 year old in the military to marry a 16 year old with both parental consent ?

1 Answer | Asked in Military Law and Criminal Law for Colorado on
Answered on Jan 26, 2017
Tristan Kenyon Schultz's answer
Colorado does allow marriage for minors (under 18) if either: (1) custodial parent(s) of the minor formally consent or (2) via judicial approval if the minor does not have any legal parent. Be aware that the consent must be signed and part of the marriage filing.

Q: Has there been a lawsuit against the US Army over the legality of the 2014 Officer Separation Board for Majors?

1 Answer | Asked in Gov & Administrative Law and Military Law for Colorado on
Answered on Jul 10, 2016
Tristan Kenyon Schultz's answer
You question is reasonable and very clear (a rarity). Unfortunately, I am not aware of any lawyers at Justia that have extensive knowledge of military law (98% of all law schools don't offer classes on military law). You can try Avvo (again, lawyers familiar with military law a few and far between in the civilian world). For a definitive answer you will need to contact a local lawyer with experience in military law. Many attorneys offer free consultations; if not, your case can be carefully...

Q: So my husband has been sexting and on facebook with another girl but he has not sent nudes can he still get in trouble?

1 Answer | Asked in Military Law for Colorado on
Answered on Apr 2, 2015
Philip D. Cave's answer
He needs to stop -- NOW.

There are quite a number of cases going on to do with on-line activity such as this. Whether he ultimately gets in trouble or not, it's not healthy for your relationship and his commanders may not look at him as a good Soldier/ so it might affect his career.

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