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P. Simmons, Military Lawyer
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Military Stalking Questions

Stalking can be a scary situation for anyone and in certain situations, it can be dangerous. When you feel stalked, it can be innerving, and if stalked by an officer of the military, it can further complicate matters because of the differences in civilian and military law. There are steps that can be taken to stop a person from stalking you. Take a look at the most commonly asked military stalking questions.

Can a person sue the military for allowing a contracted civilian to make a call to a civilian from a military base? Would this be considered stalking?

Even though this person is contracted by the military, he isn't a member of the military; therefore, you wouldn't be able to sue the military for his actions. If you were to sue the military, you would have to have evidence of harm that was caused by a member of the military. A civilian who is contracted by the military is not considered a member of the military. As far as the stalking, usually a person would have to repeatedly harass, contact or follow someone in order to justify the label of stalking. One phone call usually wouldn't be considered stalking.

What affect will a civil stalking injunction have on a soldier's status?

Usually, a civil stalking injunction won't have any effect on your status. However, you should do a couple of things to protect yourself. First, you should speak with your command and let them know about the situation. There shouldn't be any trouble for you by command as long as there hasn't been any type of misconduct on your behalf. You need to avoid the person who filed the injunction against you and try to stay out of trouble.

If a person has a restraining order against their retired military spouse for stalking, can the military force the retiree to support their spouse?

The military generally has no involvement in the domestic actions of a retired veteran. You need to ask the court to order him to attend to the bills of the home, and express the need for him to do so. Usually, the court will order support if there is enough evidence of unfair actions. You will need to show the judge that the actions of the person has affected your living situation and show unfairness in his refusal to pay bills that he would normally care for. While you wait for a court hearing, you can prepare your case to present to the judge.

Can a person contact the military in regards to a tenant who is a soldier and has invoked the Military Clause to cancel a lease, in an attempt to collect rent?

In order to invoke the Military Clause, the military must present you with a copy of the orders. However, you may be in violation of Nevada's anti-stalking statute by trying to collect past due rent and if you are not in a position to challenge the soldiers choice to invoke the Military Clause. This is how the statute reads:

"NRS 200.575 1. A person, who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking."

Should a soldier hire an attorney if a female civilian is stalking them and threatening to tell the military that the soldier raped her?

At this point in the situation, there really isn't a need for an attorney. However, if the woman follows through with her threat and claims you raped her, your command may want to begin an investigation. If an investigator wants to talk to you about the situation, politely decline until you have spoken to a judge advocate or you hire an attorney. If you do hire an attorney, make sure they have military law experience. As far as the person stalking you, you should make it very clear to them that you do not want any contact with them and you want her to stop calling and following you. If she continues, you should file for a restraining order. You don't need an attorney to file for the restraining order; however, with an attorney assisting you, your chances are better in receiving the order.

Many people are unaware that there are laws that protect them from someone stalking them. If you have questions or doubts about your rights when stalked, you should seek legal insight from Experts.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11985
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 Stalking Questions

  • How can do u do a background check to someone who used to work

    How can do u do a background check to someone who used to work in them military, and is there a way to find out their pensions? she says shes a nurse supposedly she was in the military WWII..can u be a nurse wo a nursing degree during that time??

    Shes also been doing pot and other drugs.,,what can happen to someone doing drugs, can they still get pensions?
  • Restraining orders

    my wife got me restraing order,then after that she called me,later she called police for me,i was in jail for 5days n come out with bord of 5000$,she called my chain commad n told them i did transfer money to her accout 555$ which my command forced me to be doing every month,for now i got no money n am in trouble coz i spend the money to bond out my self from jail,for now am waiting court date which my lawyer is asking 300$ to represent coz of violation of orders n stalking felony, wat can i do abt them not to NJP me?at the moment she is in another man house which in know the address,am suposed to support her while on restraining orders from civilian court and in another mans house?

  • As a prior-service student in an AETC classroom environment,

    As a prior-service student in an AETC classroom environment, I was accused of having an unprofessional relationship with a pipeline student (NCO to new airman). I was questioned at the end of a school day by the First Sergeant. Due to the style of questioning (please write down an answer to the Yes/No question I am giving you), I requested a lawyer to be present. The questioning ended.
    The next day, before I had a chance to talk to an ADC, I was removed from the course, sent home, told that I was guilty of unacceptable/unprofessional behavior, was not to be re-considered for the new career field I was being trained in, would never be allowed to return to that school-house, and, finally, was recommended for discharge from the Air Force.
    At my home squadron, (I am a member of the Air National Guard), I was released from my GS position (I had been employed for less than a year, so could be released without cause), and told that the accusations against me were career ending and a sign of poor judgment. At this time, I had still not responded to any of the charges and had not fully consulted with the ADC. I would be allowed to continue for a short period of time with the Air National Guard, but to expect to find employment elsewhere.
    I initially went to ADC at my duty location, and explained all actions accomplished to the best of my knowledge. Their first comment was that I could be considered for maybe “unprofessional touch” because I danced with an airman on the eve of the squadron’s Christmas party. They stated that nothing I had listed came close to an unprofessional relationship, but that nothing that I listed showed any signs of unprofessional behavior. When I also mentioned that I was Guard/title 32, the ADC said that I could not be helped by an Active Duty ADC, and would have to consult with a Guard ADC, located 200 miles away.
    It has been a couple of weeks, and I am doing the best I can to provide materials as requested by my council.
    Due to her current taskings and the distance between us, she asked me to be her eyes and ears for the legal work. I am doing what I can, but I am not the expert. Also, our chances to communicate with each other are negligible. I feel as if I am trying to fight for my honor in the blind, and losing miserably.
    She requested and was given all the witness statements from the accuser/s; these statements were then passed on to me. They are most damaging in their accusations….and paint a very bleak picture of someone who was stalking, making improper propositions, buying alcohol for, and making promises of promotion for sex.
    Those who know me whom I have allowed to see the report are completely baffled at the basis of the accusations, and, as a female associate said, this is an accusation from a “high school drama queen who became older and not smarter.”
    In all cases, my career and job is over. My reputation is, for the most part, irreparably damaged, and I can do nothing, it seems, but take the fallout from the accusations as they are currently presented.
    I understand that not all the details are here….but I would just like to know if it is possible to fight back, and in what ways? I realize that perception can sometimes create reality, but perception is not a reason to maliciously slaughter a reputation, and to end a career. Do I have a civil case against the young woman who allowed false accusations to continue and to grow? I would also like to know the legality and options I have to fight against a school house that has considered only one side of a story, and not allowed legal defense to be consulted before evicting said individual from that school house.
    I do not know if suing anyone for the damage done to my career is even an answer. I am not even sure what to ask here....but I would like my reputation back, and a chance to force those who do feel they can say what they want without repercussion to understand there are repercussions for half-truths and falsehoods.
    Thank you for your time and energy in considering these questions.
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