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mkc1959
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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If a service member is not in the state of residence of his

Customer Question

If a service member is not in the state of residence of his command due to military operations, what is the law that protects them from any judicial overlays or overrides to force that enactment not to the fault of the member because of a Court directed document. I refer to the case when a Sailor from Bangor, WA was held in contempt of court because of a custody hearing when he was operating at sea. Thank you, ***** M.Ed
Submitted: 1 year ago.
Category: Family Law
Expert:  mkc1959 replied 1 year ago.
There are two versions of a similar law. You can review those at
https://www.courts.wa.gov/newsinfo/ssra/
The laws are referred to as the Soldiers and Sailors Relief Act.
A .pdf version of the Washington State law can be found at
https://www.courts.wa.gov/newsinfo/ssra/SHB217.pdf
In general, if you did not appear or respond to the lawsuit, then no judgment should have been entered without the other party filing an affidavit swearing you were not currently in the military.
The statute is pretty straightforward and there are consequences for violation of the law.
You should consult with an attorney in the local area who may be able to file a notice with the court to "nullify" the contempt order, based on the fact of your deployment.
Please let me know what additional questions you may have. I want to fully answer your question so that I may be paid.
Customer: replied 1 year ago.
Thank you so very much. I believe you answered the question "right on spot". Thank you. Tom Snee
Expert:  mkc1959 replied 1 year ago.
Please hit the accept button if you have not done so and Good Luck with your situation.

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