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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33095
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My wife wants to violate the no contact order, she is

Customer Question

my wife wants to violate the no contact order, she is civilian but i am not, does going to get i trouble for that? also, when this order will be lifted, investigation is still open but CRC meeting in with in couple days.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

If your commander has ordered no contact? You must follow that order. Failure to do so could lead to prosecution under Art 92, UCMJ. The fact your spouse wants to meet with you is not, in and of itself, a basis to violate the order. Have her contact the commander and request the order be lifted...if it is lifted? Then you can contact her. Not before.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
sir, she has been trying with my command, FAP, MPs they all keeping making her do a circle, basical command said they have to get the OK from FAP, FAP say we have to wait for CRC to make decission and implement a safty plan, yes wife made a mistake to call the MPs which blew out of proportion, now she is telling everyone that she feels safe and needs her husband but no one is listing anymore and she basically said i will just come and see you at the barracks, this case I am not violating the order she is, so is there is any military law can put her in trouble? am I going to get in trouble because she visited me even if i reported it?
Expert:  P. Simmons replied 1 year ago.

Since she is a civilian she is not subject to the UCMJ...so she can not be prosecuted for violating the order.

But you can.

Even if she comes to see you...you could be charged for violating the order. So get the order pulled before you meet with her...or you risk prosecution.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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