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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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When can a military no contact order be dropped Hi, If someone

Resolved Question:

When can a military no contact order be dropped?
Hi, If someone so help me with my situation. I have a friend who is in IRAQ. I am in the states and am not in the army but my soon to be ex-husband is. Me and him are just friends. he has a girlfriend and i am getting divorced. We have never touched each other only a friendly hug when he got deployed. I consider him like a little brother. I am 30 he is 20 there is NOTHING SEXUAL going on between us. My brother and him lived with me and helped me take care of my children. When he got to Iraq they gave him a no contact order on me.. So he is not aloud to contact me. I know my husband had something to do with it . But my question is when I am all done with my divorce in a month can he talk after that. He is getting married in july on R&R and i am in the wedding party. how does he get this dropped?
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

Unfortunately, if the commander believes it is in the best interests of the soldier and the Army, he can keep a no contact order in place.

After your divorce is final, your friend can again ask to lift the order, but in the end its up to the commander. If the commander will not lift the order, your friend can consider an Art 138 complaint

Article 138 is one of the most powerful rights under the Uniform Code of Military Justice (UCMJ), but it is one of the rights least known and least used by military personnel. Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made and a superior officer must "examine into the complaint."

Article 138 of the Uniform Code of Military Justice (UCMJ) gives every member of the Armed Forces the right to complain that he or she was wronged by his or her commanding officer. The right even extends to those subject to the UCMJ on inactive duty for training.

Matters appropriate to address under Article 138 include discretionary acts or omissions by a commander that adversely affect the member personally and are:

In violation of law or regulation
Beyond the legitimate authority of that commander
Arbitrary, capricious, or an abuse of discretion, or
Clearly unfair (e.g., selective application of standards).


More info here

http://usmilitary.about.com/cs/militarylaw/a/article138.htm


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27158
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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