Get free answers to your Military Law legal questions from lawyers in your area.
Your current state is Ohio
I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More 
answered on Mar 27, 2025
You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More
I am being charged with a Class 4 felony in Minnehaha County, Sioux Falls, South Dakota. I have concerns about a conflict of interest because the same judge has sentenced me in 4 out of 5 of my criminal hearings, and he is assigned to my current veterans court case as well. Although he has been... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025
The proper time to remove a judge you suspect is biased is prior to conducting a trial. You should also raise this issue before the judge rules on any substantive motions. Your lawyer can draft an affidavit for a change of judge and have you sign it. The lawyer then will ask the judge to recuse... View More
I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
If you're entering the military you will want to get this reduced since reckless driving is classified as a criminal misdemeanor and it can impact security clearances and job promotion etc. You likely can hire an attorney to represent you in your absence depending on the jurisdiction. And... View More
I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
Consult with an attorney who handles cases in the jurisdiction where you got the ticket. The initial consultation will likely be at no cost to you. Even at that speed, it might be possible to appear by counsel (you would not need to drive back to Virginia to appear on your case). The possible... View More
I am an only child and my father recently passed away in Texas. He was an Army veteran and remarried after my birth mother died. I believe he left a will, but his current wife, who married him for a green card, has prohibited me from accessing any information. She even obtained a restraining order... View More
answered on Mar 3, 2025
As an heir at law, you can file an application to probate your father's estate in the probate court in the county where your father lived immediately prior to his death. HIs current wife would need to come forward with his Will if she contends that he left one. That will enable you to see... View More
ER and had surgery done and now I’m home recovering in North Carolina can they come and take me away even if I use TRICARE and present a doctors note to them?
(I am currently stationed in Yorktown VA at the naval base)
answered on Feb 10, 2025
I'm sorry about your accident. I hope you and everyone else involved are okay. I'll defer to my colleagues who practice military law for issues involving returning to duty and related matters. But those aspects of the question aside, it's worth keeping in mind that depending on fault... View More
Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
I was arrested in japan for trespassing detained and released with no charges and navy is separating me under misconduct of serious offense is there a chance to upgrade my discharge
answered on Feb 8, 2025
Yes, you have the ability to apply for upgrade through the Board for Corrections of Naval Records (https://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx) and the Naval Discharge Review Board (https://www.secnav.navy.mil/mra/CORB/Pages/NDRB/default.aspx). More information available at those... View More
He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More
answered on Jan 22, 2025
I would add don't forget to check with the DoD and with any institution holding financial assets to determine if he named any of his children as beneficiaries. This type of asset usually passes outside of probate to the beneficiary designated on the account.
He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More
answered on Jan 22, 2025
Unfortunately, there is no way to locate a will without knowing where the deceased kept it. There is no requirement to report wills prior to the death and no way to locate the attorney who may have a copy without a lead. However, keep an eye on the records in the county where he lived for a probate... View More
Here is the relavent info about me to this.
1. I am a Communist, who has written numerous widely publicized articles criticizing the government and US involvement in Yemen. I also wrote an article advocating gun rights on the basis that citizens need the right to bear arms to protect... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024
Every case involving draft evasion or exemption is rather unique; the intricacy relies on several personal and legal aspects. Given your circumstances, political views, mental health history, and medical disorders like autism could all possibly affect your draft eligibility.
Political... View More
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
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
Hello, I am an Iranian. I was part of the police officers in the special units. In the riots of 2023, people came to the streets for their own freedom and ordered us to beat innocent people. I am against the law. I was in the Islamic Republic of Iran because people were harassed and harassed, I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
Applying for asylum is a serious process, and your situation as a former Iranian police officer who disobeyed orders during the 2023 riots may make you eligible. Many countries consider cases where individuals face persecution due to political opinions or actions against their government. Your... View More
I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well
answered on Jul 8, 2024
There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More
I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024
This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:
1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies... View More
Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips
answered on Jun 20, 2024
No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:
Uniformed Services Employment and Reemployment... View More
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
answered on Jun 20, 2024
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from... View More
I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More
answered on Jun 20, 2024
Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More
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
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
