Military Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Military Law Questions & Answers
Q: Is there a law or rule stating national guard members get 24 hours before returning back to work from training?
Neville Bedford's answer
That is an excellent question. Here is a link to some of the NATIONAL GUARD/ ARMY Regulations to help you get started on your research.. http://www.ngbpdc.ngb.army.mil/pubs/350/350-1.pdf (116 Pages)
That is an excellent question. Here is a link to some of the NATIONAL GUARD/ ARMY Regulations to help you get started on your research.. http://www.ngbpdc.ngb.army.mil/pubs/350/350-1.pdf (116 Pages)
Q: I'm in military fiancée has primary residency what restrictions are there from us leaving New Jersey with her daughter
Leonard R. Boyer's answer
It is not a question that can be simply answered in an online forum. You need to meet with an experienced matrimonial attorney and bring in all your documents to be reviewed, so that you can be given meaningful advice. Good luck.
It is not a question that can be simply answered in an online forum. You need to meet with an experienced matrimonial attorney and bring in all your documents to be reviewed, so that you can be given meaningful advice. Good luck.
Q: Im in the military and stations in NC but my hometown is in Alabama.
1 Answer
| Asked
in
Divorce, Domestic Violence and Military Law
for
North Carolina
on
Answered on Sep 1, 2016
Answered on Sep 1, 2016
Amanda Bowden Houser's answer
Depends on Alabama law. If you OR your spouse have resided in NC for at least 6 months and you have been separated for at least one year, you are likely eligible to file here in NC and it would likely be much less expensive. Our firm handles uncontested divorces for a total of $395 which often works out to be less than you could do it yourself. Feel free to contact us if you have other questions.
Depends on Alabama law. If you OR your spouse have resided in NC for at least 6 months and you have been separated for at least one year, you are likely eligible to file here in NC and it would likely be much less expensive. Our firm handles uncontested divorces for a total of $395 which often works out to be less than you could do it yourself. Feel free to contact us if you have other questions.
Q: I am experiencing dress symptoms from zyprexa and want a lawsuit do you know anyone who takes these lawsuits
Peter Munsing's answer
I assume you've spoken with your doctors and are no longer on it.Much will depend on how long your symptoms last.If by "dress" symptoms you mean depression I doubt that most attorneys would take the case as depression can arise without any drugs and it'd be viritually impossible to show that depression was caused soley by a drug. Otherwise look for members ot the NJ Assn for Justice who handle drug litigation.
I assume you've spoken with your doctors and are no longer on it.Much will depend on how long your symptoms last.If by "dress" symptoms you mean depression I doubt that most attorneys would take the case as depression can arise without any drugs and it'd be viritually impossible to show that depression was caused soley by a drug. Otherwise look for members ot the NJ Assn for Justice who handle drug litigation.
Q: Where can a 17 and 15 year old couple run away legally without any trouble?
1 Answer
| Asked
in
Family Law, Civil Rights, Juvenile Law and Military Law
for
Tennessee
on
Answered on Aug 8, 2016
Answered on Aug 8, 2016
Leonard Robert Grefseng's answer
If the question is "where, " then the answer is NEVER. A minor can't give consent. Rather than "run away" perhaps you should try filing a lawsuit asking the Judge to declare you (each of you will have to file separately) "emancipated." In other words, A Judge ( and only a Judge ) can declare that you can be considered an adult, even though you are still under 18. You have to convince the Judge that you are mature enough to take on adult responsibilities ( running away is not a good idea if...
If the question is "where, " then the answer is NEVER. A minor can't give consent. Rather than "run away" perhaps you should try filing a lawsuit asking the Judge to declare you (each of you will have to file separately) "emancipated." In other words, A Judge ( and only a Judge ) can declare that you can be considered an adult, even though you are still under 18. You have to convince the Judge that you are mature enough to take on adult responsibilities ( running away is not a good idea if...
Q: If on active duty can you be served for a civil law suit in nc
Peter Munsing's answer
Your lawyer can still make the claim. The soldiers sailors relief act doesn't mean you don't have a claim. Use the time to adequately document your injuries. The insurance company doesn't want to keep it open forever--they will settle.
Your lawyer can still make the claim. The soldiers sailors relief act doesn't mean you don't have a claim. Use the time to adequately document your injuries. The insurance company doesn't want to keep it open forever--they will settle.
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
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...
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: Does the SCOTUS have jurisdiction over the military courts? Could SCOTUS move sexual assault cases into civil court?
Matthew Williams' answer
That's a rather complex question as jurisdiction would depend upon how the case arrived in the Supreme Court and what constitutional issues are implicated. The short answer, however, is that SCOTUS will not decide sexual assault cases are to be decided in civil court.
That's a rather complex question as jurisdiction would depend upon how the case arrived in the Supreme Court and what constitutional issues are implicated. The short answer, however, is that SCOTUS will not decide sexual assault cases are to be decided in civil court.
Q: I'm military, divorced.I'm the cosigner on a vehicle,she's planning to file bankruptcy.Does that affect my credit?
Matthew Lane Kreitzer's answer
You are, unfortunately, still on the hook for the loan until it has been refinanced. Her entering Bankruptcy may very well negatively impact you. The terms of your divorce may aid you in resolving this matter, but you will need to hire Counsel on this one.
You are, unfortunately, still on the hook for the loan until it has been refinanced. Her entering Bankruptcy may very well negatively impact you. The terms of your divorce may aid you in resolving this matter, but you will need to hire Counsel on this one.
Q: Does my ex-husband have a say in who I give custody of our child to if he was convicted of Child Abuse?
Gary D. Godman's answer
While he may have a say, it may not hold much weight, especially if the child in question was the victim of the abuse. Because of the sensitive nature of your information, you may want to speak privately with a local family law attorney - I am certain there are many in your area that are familiar with how military service affects custody and family issues. Good luck to you.
While he may have a say, it may not hold much weight, especially if the child in question was the victim of the abuse. Because of the sensitive nature of your information, you may want to speak privately with a local family law attorney - I am certain there are many in your area that are familiar with how military service affects custody and family issues. Good luck to you.
Q: MILITARY / UCMJ QUESTION If a sailor is found guilty of a charge in a general court martial, and handed a NO punishment
Keith Petrochko's answer
Military attorneys generally do not participate on this website. I suggest you contact your local JAG office as soon as possible.
Military attorneys generally do not participate on this website. I suggest you contact your local JAG office as soon as possible.
Q: 1st offense, DWI ,underage (19), blew a .007 at station , active duty military already NJPd. What am I looking at?
2 Answers
| Asked
in
Criminal Law, Juvenile Law and Military Law
for
Virginia
on
Answered on Feb 11, 2016
Answered on Feb 11, 2016
Kristin Paulding's answer
There is a specific Virginia Code Section for people under the age of 21 who have been arrested for DUI. Under 18.2-266.1 if you are under 21 and you are driving with a BAC of .02 to .08 you can be found guilty of a Class 1 misdemeanor which is punishable by up to 12 months in jail and a $2500 fine. It sounds like your BAC of .007 is below that. I would recommend talking to an experienced criminal defense lawyer because you may have some defenses to this charge.
There is a specific Virginia Code Section for people under the age of 21 who have been arrested for DUI. Under 18.2-266.1 if you are under 21 and you are driving with a BAC of .02 to .08 you can be found guilty of a Class 1 misdemeanor which is punishable by up to 12 months in jail and a $2500 fine. It sounds like your BAC of .007 is below that. I would recommend talking to an experienced criminal defense lawyer because you may have some defenses to this charge.
Q: FALSELY ARRESTED on 1-14-16 at J E B Fort Story because I asked a question ! Her words " DISORDERLY CONDUCT !"
Steve Miyares' answer
You should not discuss any more details about your case on this or any other public website. Anything you say here is not protected and could be used against you. You should consult with a criminal defense attorney in your local jurisdiction to confidentially discuss the specific facts and circumstances of your particular case.
You should not discuss any more details about your case on this or any other public website. Anything you say here is not protected and could be used against you. You should consult with a criminal defense attorney in your local jurisdiction to confidentially discuss the specific facts and circumstances of your particular case.
Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?
1 Answer
| Asked
in
Employment Law, Military Law and Traffic Tickets
for
Missouri
on
Answered on Jan 20, 2016
Answered on Jan 20, 2016
Richard C Simons' answer
This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell them you have received a citation.
www.speedingticketkc.com
This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell them you have received a citation.
www.speedingticketkc.com
Q: Is there a way to apply to remove condition on my green card early? or any other options?
Shan Dimitris Potts' answer
You can get a re entry permit which will allow you to stay out of the US for 2 years without abandoning your green card. Being a green card holder for one year might make the removal of conditions petition a little hard but you should talk to an attorney to get you started with the procedure as soon as possible so you can get it approved before your husband leaves to korea. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney...
You can get a re entry permit which will allow you to stay out of the US for 2 years without abandoning your green card. Being a green card holder for one year might make the removal of conditions petition a little hard but you should talk to an attorney to get you started with the procedure as soon as possible so you can get it approved before your husband leaves to korea. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney...
Q: Are you allowed to apply for a us passport as soon as you get your citizenship or is there a wait time?
H. Scott Aalsberg Esq.'s answer
Once you get your certificate of citizenship at the ceremony for citizenship, you can immediately apply for a passport in fact they give you the form to get one when you go for your naturalization ceremony. Good Luck
Once you get your certificate of citizenship at the ceremony for citizenship, you can immediately apply for a passport in fact they give you the form to get one when you go for your naturalization ceremony. Good Luck
Q: Does enlisting in the Army National Guard at 17 emancipate a child from his parents?
1 Answer
| Asked
in
Family Law, Juvenile Law and Military Law
for
New Jersey
on
Answered on Dec 8, 2015
Answered on Dec 8, 2015
Leonard R. Boyer's answer
Despite his enlisting in the Army National Guard, he is not automatically emancipated. You need to retain an experienced matrimonial law attorney, who will bring an appropriate motion before the Court. Good luck.
Despite his enlisting in the Army National Guard, he is not automatically emancipated. You need to retain an experienced matrimonial law attorney, who will bring an appropriate motion before the Court. Good luck.
Q: Is there a way to get out of the army national guard without penalties and it stuff being put on my record??
Robert Jason De Groot's answer
You need to have a full discussion with a local military law attorney.
You need to have a full discussion with a local military law attorney.
Q: Leaving for Bootcamp soon, does my employer have to pay me?
Terrence H Thorgaard's answer
Your "vacation days" would be unpaid? The first sentence you quoted doesn't apply, because you normally are not in the reserves until you have undergone basic training. I don't believe the second sentence helps either, because as far as I know, there are no "requirements of law" providing that an employer must give you leave when you enlist.
Your "vacation days" would be unpaid? The first sentence you quoted doesn't apply, because you normally are not in the reserves until you have undergone basic training. I don't believe the second sentence helps either, because as far as I know, there are no "requirements of law" providing that an employer must give you leave when you enlist.
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.