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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19223
Experience:  Lawyer and current JAG officer.
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The military but a no contact order in place and I was

Customer Question

The military but a no contact order in place and I was wondering if there was a way to get it dropped
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: The order was done in texas and I live in vermont
JA: Have you talked to a lawyer yet?
Customer: I can't afford a lawyer so I'm not sure what to do
JA: Anything else you think the lawyer should know?
Customer: He contacted me and I'm afraid he is in trouble for doing so
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

With military no contact orders, those are put in place and removed at the discretion of commanders. There is no court or forum to go to that would have the authority to remove a no contact order issued by a commander.

Only the commander can choose to remove it and they aren't compelled to do so even if the person the order was put in place to protect asks the commander to do so.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 1 year ago.
there is literally nothing I can do to be able to contact my husband without the fear of him getting in trouble
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately yes, that is the case.

When a commander puts into place a no contact order, he/she does so based on facts that indicate a reason to do so. Yes, it is not convenient for you in this situation, but command can't rely on the person they are trying to protect to protect themselves.

I don't know your particular situation, but your personal desire that there be no contact order (while something the commander can consider) does not decide the matter.

You can contact command and explain why the order shouldn't be in place, or you can use the Chaplain or Family Advocacy on the base where your husband is located as a means to initiate legal communication.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.