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Military Child Abuse Laws

Child abuse is a never ending nightmare for a family and the children who are directly affected. Child abuse in military seems to be at an all time high. If you consider the stress of a parent who is on active duty and the thought of war, many situations can arise. There are also many allegations of child abuse or neglect. A family can be ripped apart when unfounded reports are made. There are many things that you can do if you have been accused of child abuse. To learn more about military child abuse and child abuse laws, you can ask the l Experts. The Experts cover a wide range of questions regarding child abuse in the military and can answer any questions that you may have. Take a look at five of the top military child abuse questions answered by the Experts.

Do veterans have any benefits for legal representation in a child abuse case if their attorney isn't consistent?

Veterans are unable to receive any type of legal representation when dealing with criminal cases. Generally, if a veteran is 100% disabled, they can receive legal assistance for a civil issue if there is no local court involved. If you have an attorney that doesn't represent your best interest and you receive a conviction as a result, you can always appeal based on your counsels ineffectiveness. If your noticing inconsistencies before you go to court on a child abuse case, you should consider finding a new attorney to represent you.

What should a soldier do if they have been served a military protection order (MPO) after allegations of child abuse, but refused to sign?

The first thing you should do after receiving a protection order is to abide by the order. By not abiding by the order, you could be in violation of Article 92 (failure to obey a direct order). You should also refrain from speaking to anyone, especially Family Advocacy, about the situation until you speak with Trial Defense Services (TDS). Anything that you say can be turned around and used against you. You shouldn't discuss the situation with anyone because you could be charged with attempting to obstruct justice. In the event that Criminal Investigation Division (CID) or Military Police Investigator (MPI) tries to interrogate you, tell them that you will not say anything without having a lawyer present. You should have a lawyer explain your rights before answering any questions. This is your right and you should use it to your advantage.

How can a person expunge a report of child abuse from their record?

A report of child abuse is not a conviction. If you were never arrested on the report and you were not convicted, there is nothing to expunge from your record. To expunge a record means to remove a conviction. However, if a report has been made and Division of Youth and Family Services (DYFS) or child and youth services performed an investigation, the report would appear on your record. Due to DYFUS and child and youth services being an administrative welfare agency, they tend to over reach on the slightest of reports in order to justify their importance as an agency. To have the report removed from your record, you can attempt to contact DYFUS and ask them to remove the report due to the lack of a conviction. It they refuse, you can hire an attorney to work on having the report removed. Usually, cases such as this never make it to court. After receiving a letter from your attorney, the report will probably be removed.

Will the UCMJ take action against one of their members on allegations of child abuse that has exceeded the statute of limitations?

It is possible for the Uniform Code of Military Justice (UCMJ) to take action against one of their members. The statute of limitations for the UCMJ is 5 years; however, if the command wanted to, they could take administrative actions against the member, such as a separation. Command could also refer the allegations to the state which would mean the statute of limitations would not begin until the child was 18. Generally, if the allegations are supportive enough, the Marines will separate the member and release him to the state for prosecution. The decision will be up to the member's commander as to how far the investigation goes. The stronger the evidence usually means there will be an investigation and if found valid, there will be a prosecution.

What happens when a child receives bruises from martial arts class, but the parent is being investigated by military family advocate for child abuse?

Generally, if the military family advocacy believes there is child abuse involved, they will take pictures of the child's injuries. Without pictures, they would have trouble proving their case. Your commander is the one who will bring charges on you, not family advocacy. If the bruises are a result of an injury from martial arts class, the doctor who will examine the photo will be able to confirm it. However, if the bruises are left from a belt, the doctor will be able to verify the point. If the doctor finds that the bruising is from a belt, you should hire an attorney.

Dealing with child abuse can be a horrible situation for anyone. Trying to repair the damages of child abuse can take years, especially if false allegations are made. The repercussions associated with child abuse can last for years. If you find yourself in a situation that requires experienced legal insight, you can ask the Experts. People ask the Experts questions, and receive solutions to their individual situation in an efficient and knowledgeable manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11944
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Child Abuse Questions

  • How valid is a Family Advocacy case against a military spouse?

    How valid is a Family Advocacy case against a military spouse? My wife was charged with child abuse while I was deployed over an argument with my 13 year old daughter. CPS dropped the case, but I found Army FAP picked it up and they "charged" her, and found her "guilty" through some sort of secret tribunal we were not allowed to attend nor even provide statements for. She was sentenced to a period of treatment, however she has been attending counseling through a non-military practice and does not want to switch. A letter came down my chain of command telling me that I need to ensure she follows the FAP's findings. I am curious as to what validity they have to enforce any of this?

  • i was detained by ncis in a child abuse claim filed washington

    i was detained by ncis in a child abuse claim filed washington state about a yr ago my commanding officer recieved a call from ncis that the case had been dropped i was never arrested I.E handcuffed and dragged down to the office and i was never charged after im done with my navy career i wanted to pursue something else in the criminal justice field do i need to file for expungment is this going to be possible at all
  • I was slandered with allegations of child abuse from my mentally

    I was slandered with allegations of child abuse from my mentally ill step son and the state child services ruled it was unfounded. The military family advocy had a board with vice wing commander, wing command chief, jag, my commander and first shirt. The statements the child made were found to be emotional abuse but not physically. I was put into a DOD database that will forever prevent me from volunteer work with child and give me a black eye for the rest of my life. I have 25 days to fight it. Need advice on this situation. How do expunge it?
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