Military Law Questions & Answers

Q: Is there anyway I can legally carry a Expandable Baton on my person for self defense and what would be the restrictions?

1 Answer | Asked in Criminal Law and Military Law for California on
Answered on May 23, 2018
Dale S. Gribow's answer
not sure

i would check with local police station but i assume it will be a deadly weapon that police would not want in the hands of a non police officer..............
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Q: Do you lose any benefits after 20 years active duty if you retirement in lieu of elimination?

1 Answer | Asked in Military Law for Virginia on
Answered on May 17, 2018
Patrick Korody's answer
You really need to talk an attorney if you are asking yourself this question. That is a lot of money to not be sure of the consequences.
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Q: Does a landlord in VA have to prorate the last date for a military family that is to be deployed to Florida.

1 Answer | Asked in Landlord - Tenant and Military Law for Virginia on
Answered on May 9, 2018
F. Paul Maloof's answer
I am not sure what you mean by the "information on the Military...." Generally, any issue that deals with prorated rent for a person in the Military will be addressed in the body of the lease.
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Q: Can I leave my current apartment lease with official orders to ship to Naval RTC?

1 Answer | Asked in Military Law for Washington on
Answered on May 7, 2018
Robert Donald Gifford II's answer
You need to put it writing to your landlord and request to terminate the lease, and include a copy of your orders. If you think there is going to be a legal fight, send it certified mail and keep a copy. If you have an email address or fax number, I'd be that thorough. The earliest termination date will be 30 days after the date on which the next regularly scheduled rent is due.
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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.).
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Q: Mother is refusing to bring child to father and stepmothers house on his visitation days bc he is with the military.

1 Answer | Asked in Family Law and Military Law for Tennessee on
Answered on Apr 28, 2018
Marjorie A Bristol's answer
You need to consult an attorney. The law provides that a service member's family can still have access to the child during deployment.
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Q: Getting out of the military soon and concerned about me being in limbo when finding income to continue CS for my son.

1 Answer | Asked in Family Law and Military Law for Oklahoma on
Answered on Apr 25, 2018
Pete David Louden's answer
A good place to start is contact an attorney near where the mother lives to discuss your options. They can explain how custody, visitation, and child support works and help you come up with a plan to make it happen.
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Q: How do I obtain a letter showing disposition of a past case in Ky?

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Military Law for Kentucky on
Answered on Apr 18, 2018
Timothy Denison's answer
Go to the circuit clerks office in the county where the case occurred and ask for a certified copy of the disposition of the case.

Q: Could I become a US citizen through the military?

1 Answer | Asked in Immigration Law and Military Law for California on
Answered on Apr 16, 2018
Carl Shusterman's answer
You could if you are a lawful permanent resident of the United States.

Q: What happens if my husband got a DUI on the base?

1 Answer | Asked in Military Law for Texas on
Answered on Apr 13, 2018
Robert Donald Gifford II's answer
Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is appointed as a Special Assistant U.S. Attorney and are normally just misdemeanors. Some bases will handle DUIs of service members thru the chain of command (UCMJ or administrative punishment). Some Air bases have...

Q: Can a civilian be tried in military court?

1 Answer | Asked in Military Law for California on
Answered on Apr 13, 2018
Robert Donald Gifford II's answer
The answer is generally no. No jurisdiction over civilians, with a few rare exceptions. The exceptions are generally if it is a civilian accompanying a force onto a battlefield (like a contractor).

Q: I completed MEPS, took the oath and shipped out for bootcamp. I changed my mind at the airport now what?

1 Answer | Asked in Military Law for Massachusetts on
Answered on Apr 7, 2018
Patrick Korody's answer
You may be considered UA. Or they may have simply separated you. You should contact your recruiter to resolve the situation, or hire a lawyer to act as an intermediary.

Q: Can my friend’s Medical retirement benefits be taken away for fraternization while he was in the Army?

1 Answer | Asked in Military Law for Georgia on
Answered on Apr 7, 2018
Patrick Korody's answer
Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).

Realistically the Secretary of the Army is not going to recall anyone over fraternization allegations.

Q: My husband just medically retired from the Army after 10 years. We were married the entire time. Will I get spouse supp.

2 Answers | Asked in Divorce, Child Support and Military Law for Georgia on
Answered on Apr 4, 2018
Regina Irene Edwards' answer
I'm not sure what you are asking. You aren't going to get any payments while married. If you are asking if you divorce will you get a portion of his monthly payments, the answer is it depends. It can be considered income for child support purposes.

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: What are my rights if 30 days notice wasn’t possible?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Answered on Mar 30, 2018
F. Paul Maloof's answer
It is unfortunate that the folks at Remax took that position. Your recourse would be to file a suit in court to claim that they were in error and let a Judge decide.

Q: Will judge grant emergency guardianship so that Custodial parent can enlist in the military? NCP is unfit.

1 Answer | Asked in Family Law and Military Law for Georgia on
Answered on Mar 28, 2018
P. Justin Thrailkill's answer
He is entitled to service and the opportunity to object, but if he is not legitimized his objection does not carry the same standing as if he was. Also, this is not an emergency. You need to simply file the petition, and your consent, and let the court schedule a hearing.

Q: If I am Active duty military, am I exempt from the means test for bankruptcy?

2 Answers | Asked in Bankruptcy and Military Law for California on
Answered on Mar 23, 2018
David Earl Phillips' answer
See if Section 707(b)(2)(D) of the Bankruptcy Code applies to your situation. If so, you may avoid the means test. Best to see a bankruptcy lawyer near you as the means test is only part of what the US Trustee looks at when reviewing cases for abuse. Thank you for your service to our country. Hope it works out.

Q: Can you go back to court to get alimony changed on the divorce decree? She gets 50% of his military retirement.

1 Answer | Asked in Divorce and Military Law for Texas on
Answered on Mar 18, 2018
Patrick Korody's answer
Alimony and military retirement are generally two different concepts. Alimony is spousal support while military retirement is property division. However, there are arguments that when a spouse starts receiving military retirement, the need for spousal support decreases. Spousal support is generally based on need and ability to pay. if the need and ability to pay has changed, a modification may be warranted. You should consult with a divorce attorney in the state/city where the divorce...

Q: My son went AWOL in 1/15 from Fort Bragg Military base.He was just arrested on 2/18, for damage to private property

1 Answer | Asked in Military Law for North Carolina on
Answered on Mar 18, 2018
Patrick Korody's answer
He will be picked up my the military and taken back to his current unit, which may not be the unit he went AWOL from. He will get credit for the days in confinement starting when a detainer was placed on him for the military - meaning from the day he would have been released but for the military warrant.

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