Military Law Questions & Answers by State

Military Law Questions & Answers

Q: If on active duty can you be served for a civil law suit in nc

1 Answer | Asked in Car Accidents and Military Law for North Carolina on
Answered on Jul 16, 2016

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.
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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

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...
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Q: Does the SCOTUS have jurisdiction over the military courts? Could SCOTUS move sexual assault cases into civil court?

1 Answer | Asked in Constitutional Law and Military Law for Ohio on
Answered on Jul 5, 2016

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.
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Q: Looking for information

1 Answer | Asked in Juvenile Law and Military Law for Ohio on
Answered on Jun 3, 2016

No. The only automatic emancipation in Ohio is turning 18.
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Q: I'm military, divorced.I'm the cosigner on a vehicle,she's planning to file bankruptcy.Does that affect my credit?

1 Answer | Asked in Bankruptcy, Military Law and Divorce for Virginia on
Answered on May 10, 2016

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.
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Q: Does my ex-husband have a say in who I give custody of our child to if he was convicted of Child Abuse?

1 Answer | Asked in Family Law and Military Law for Virginia on
Answered on Apr 20, 2016

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.
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Q: MILITARY / UCMJ QUESTION If a sailor is found guilty of a charge in a general court martial, and handed a NO punishment

1 Answer | Asked in Military Law for Florida on
Answered on Feb 28, 2016

Military attorneys generally do not participate on this website. I suggest you contact your local JAG office as soon as possible.
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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

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.
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Q: FALSELY ARRESTED on 1-14-16 at J E B Fort Story because I asked a question ! Her words " DISORDERLY CONDUCT !"

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Answered on Jan 28, 2016

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.
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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

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
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Q: Is there a way to apply to remove condition on my green card early? or any other options?

1 Answer | Asked in Immigration Law and Military Law for Illinois on
Answered on Jan 19, 2016

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...
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Q: Are you allowed to apply for a us passport as soon as you get your citizenship or is there a wait time?

1 Answer | Asked in Immigration Law and Military Law for New Jersey on
Answered on Jan 3, 2016

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
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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

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.
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Q: Is there a way to get out of the army national guard without penalties and it stuff being put on my record??

1 Answer | Asked in Military Law for Nebraska on
Answered on Nov 9, 2015

You need to have a full discussion with a local military law attorney.
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Q: Leaving for Bootcamp soon, does my employer have to pay me?

1 Answer | Asked in Employment Law and Military Law for Pennsylvania on
Answered on Nov 3, 2015

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.
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Q: If you been sentence on probation and no contact order. Can u marry vitim n go to army with her when probation is up

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Answered on Nov 2, 2015

Probably, or you could move to have the no contact order modified to a no violent contact order perhaps.
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Q: Single soilder and legally married woman civillian?

1 Answer | Asked in Military Law for North Carolina on
Answered on Oct 29, 2015

Until you are divorced, your husband is the legal father of any children you have, even if your boyfriend is the biological parent. Don't have children until you are divorced from your husband.
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Q: Bought car, previous owner has yet to get me the title after 7 months. Car tags are expired and needs to be registered

1 Answer | Asked in Collections, Consumer Law and Military Law for Florida on
Answered on Oct 15, 2015

Hire a private attorney and file a lawsuit.
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Q: Hi, wanna know military stg us army can bring his fiancé in 3 week from other country to USA with him or not?

1 Answer | Asked in Military Law on
Answered on Sep 17, 2015

Probably not, but you need to talk with an immigration attorney or someone who handles this in the army.
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Q: Can my judge court order me not to see my husband

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Sep 9, 2015

Short answer is yes. It really depends on the circumstances and what is going on with both parties. A judge may be stating that it is in the best interest of your husband to not have you in his presence due to drug matters. It is really hard to say more without additional facts.
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