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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15959
Experience:  Lawyer and current JAG officer.
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Hello my name is XXXXX XXXXX and I am in the army and resideat

Resolved Question:

Hello my name is XXXXX XXXXX and I am in the army and resideat schofield barracks hawaii. Recently I was in a car accident on post and there was an investigation.they found a letter from my girlfriend asking me to take her back because we were going through some things. I am a married man, however we are very civil, she even has her a boyfriend alback home as well. Her family also knows about it. Recently I came up for a positive ua, so now imbeing chaptered out of the army. I'm fed up and ready to seperate from the military so that isn't the issue. In restricted to post and have extra duty, and they gave me a no contact order between me and my girlfriend. They have no hard proof that we are going out or have a relationship. All I've said is that we are friends. Is this bias on their part? Just because were a Guy and girl hanging out. But I don't want to fight this and their be an investigation. Canthey start an investigation without my wife pressing charges? Because she is fine with it. We happen to have just had a conversation about it last night and she would tell whoever she needs that she is fine with it. I've been going through alot lately and she was my support and all I had.they took her away and its been hard. Please give me all the legal advice u can. It will be greatly appreciated l. Thank you!
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Even if it is bias, it doesn't legally matter. When you are married, you are not legally permitted in the military to have a girlfriend.

 

A commander can legally place a no contact order against you being with the girl friend and it is a legal order, because it is an order to refrain you from engaging in an illegal act.

 

They don't need your wife to press charges. That's not how military law works. They simply need some evidence that suggests that potential for the commission of a crime and then they go forward with the investigation.

 

Your wife can't give permission for it. The military still has a legal interest in stopping what, in it's books, is a crime.

 

Now, do I think this is stupid? Yes, it sort of is. A commander should be able to take into consideration that your own spouse doesn't care, but there isn't a law that requires it. That's why I said that it may be bias here, but that doesn't legally matter. On issues of a 'no contact' order and the review for it, all they have to do is show a legal justification.

 

There is a legal justification here. You are married. You have a history of a relationship with the girl friend. That is not legally permissible in the military, period.

 

I really wish that I could tell you differently here, but I'm not going to deal in false hope. Unless and until you are divorced, your command can keep the 'no contact' order in place.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15959
Experience: Lawyer and current JAG officer.
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Allen M., Esq.
Allen M., Esq.
Military Lawyer
15959 Satisfied Customers
Lawyer and current JAG officer.