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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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Ive been told i have a no contact order from my wife because

Customer Question

ive been told i have a no contact order from my wife because i told a family member i had enough of her abuse and that i needed someone from my family to come stay with me because i was afraid i might hurt her or worse. My FM called my command a told them and now iam on a no contact order. I was told i only had to stay in the barracks for the weekend and was not told about the order so over the weekend me and my wife talked it out and agreed to seek marriage counseling and both of is felt better and wanted to be together agian. When monday came i was told there was a NC order and now iam told its uncertain when or if i can return home and be with my wife. Iam also on suicide watch even though i made no threats to commit this. Also iam needed to return a rental car that i cant use now but cant and still pay every day. Iam being harrased everyday by being told i can be kept until i have to leave germany and wont be able to help my wife for our pcs. I want to know is this legal ?
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

Unfortunately yes, it is legal. When there have been statements about abuse, potential abuse or other issues with a family member, the command can issue a 'no contact' order.

They don't need either you or your spouse to be the one requesting it. As a commander, they can in their own power issue the order and any violations of it would be a UCMJ violation. Regrettably, I have seen more Article 15's and courts based on violations of "no contact" orders than I would like.

You will have to continue to work with command and your immediate supervisors to try and have this matter resolved.

You may certainly press the issue by filing an IG complaint or an Court of Inquiry (Article 135) which is just an official letter directly to the commander, but in both instances, the facts justify the current use of the "no contact" order for the near future, at least. I would just work with command for the next week to 10 days and if they have not given you a path to having the "no contact" order removed, I would then press for the Article 135 first, and then the IG complaint if there is no resolution.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If so, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.