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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110599
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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An Active Duty Major filed a Civil No Contact order on his

Customer Question

An Active Duty Major filed a Civil No Contact order on his spouse after SJA and his Command gave him a direct order after discovering was failing to comply with a Court Order, ordering him to pay Child Support Each Month.
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: Spoke with Staff Judge Advocate
JA: Anything else you think the lawyer should know?
Customer: The Active Duty Officer is preventing the spouse who is still a Military Dependent from contacting his employers, coworkers, or anyone that could negatively impact his career. The No Contact Order even goes as far as to state that the Military Spouse cannot contact the Installation Family Advocacy Program despite history of documented domestic violence
Submitted: 2 months ago.
Category: Military Law
Customer: replied 2 months ago.
After speaking with SJA about the No Contact Order, they said no Judge would try to hold me in contempt or enforce an order since a court order and regulation was not being followed. SJA also said that since I am still a Military Spouse and DoD ID card Holder, they could not tell me prevent me from contacting a federal resource available to me
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A restraining order prevents contact between the parties, but it does not prohibit a party exercising a legal right against the other party. What that means is a restraining order cannot prevent the spouse filing a motion for order to show cause for contempt in the support case and it does not prevent the person from availing themselves of any program, state, local or federal, that provides assistance to them. The restraining order prevents direct or indirect contact through others that does not involve taking legal action or legally approved programs.

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