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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20228
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My husband and I have an MPO in place this is the third one.

Customer Question

My husband and I have an MPO in place this is the third one. He has never respected the order. I tried mentioning it to his chain of command but they ignored me. And Now that I had to tell NCIS, my mother in law called me saying they told my husband we are both getting federal charges for violating and they removing my son from me. I am scared
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I did last year I told them my husband got near me and they ignored it. I switched my phone number and his sgt gave him my number
JA: Anything else you want the lawyer to know before I connect you?
Customer: There's been domestic violence issues with my husband over a year I'm trying to separate but I'm always being threaten that he's going to kill himself. Which is why if he contacted me sometimes I would answer because he would send me pictures of hurting himself
Submitted: 9 months ago.
Category: Military Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for the information. Can you please tell me what your legal question is? Also, are you also active duty military? Briefly, why was the MPO put into place? Are their currently criminal charges pending against either of you with the military or the State? How was you son involved?

Customer: replied 9 months ago.
My legal question is am I in trouble? Will they take my son away? I'm not active duty, I'm spouse of an active duty. MPO was put in place cause of an incident where he smacked my son to the ground and kept us trapped inside the house. I don't have any criminal charges pending against me nor him.
Expert:  Marsha411JD replied 9 months ago.

Thank you for your reply. Based solely on the information you shared with me, you have not violated any law. First and foremost, the military cannot prosecute you, so that assertion by your mother-in-law is misleading/false. Likewise, they cannot remove your son. The State could, but only if there is evidence that you put your son in harms way. That would be factors like letting your husband back into the home with your son there against the MPO or harming him yourself. You should not put too much credence the the words of your mother-in-law since she is obviously trying to manipulate the situation to her son's favor.

But again, nothing in what you shared would expose you to any legal "trouble." I find it curious though that your husband has not been charged with striking your son and that the State Child and Family Services have not gotten involved. But, I don't have all of the facts in the possession of the Government, so not sure what it going on from their side.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 9 months ago.
That's the things cps was involved but I got full and legal custody. He's still under investigation. There was no contact for the first almost 2 months but then he approached me then his sgt gave him my number. Ever since then he contacted me, and he would threaten with killing himself. So I would answer he kept that up for a good while until I realized I'm just being manipulated. The MPO only protect me but not my son. NCIS is involved and I had told them the truth because they asked me when did the communication first start so I explained everything and sent them the pictures of injustices to himself.
Customer: replied 9 months ago.
my mother in law stated that we both violated so we both are now gonna have federal charges.
Expert:  Marsha411JD replied 9 months ago.

As mentioned in my initial response, you cannot be prosecuted, even if you did violate the MPO. The military has NO criminal jurisdiction over you and the Justice Department doesn't handle these issues. So, this is false. The only issue that would ever arise is what I mentioned, the State, if you were to expose your son to your husband in a manner that the State believes is dangerous. They would not charge you criminally, but would instead intervene and possibly temporarily remove him from your home. But again, nothing in what you have told me would bring that about.

Customer: replied 9 months ago.
Can I place a restraining order even though he's in a different state?
Expert:  Marsha411JD replied 9 months ago.

You can file for a restraining order, however, there would have to be evidence that he has recently physically threatened you and has the ability to reach you to harm you. Or, if he will not stop calling you, then the court may also issue a restraining order. You will need to contact the local court about doing so. Best though just to notify his Command that he is violating the MPO (if he is).

Customer: replied 9 months ago.
Will I get in trouble if I use the credit card? The credit card is in my name but he's the primary account holder. He had told me to pay him back everything. And yes this was the third MPO
Customer: replied 9 months ago.
He drove us from California to Texas. Back in California he was surrounding my apparentment because we were leaving and he wanted to go too. So my mother let him just to keep him calm. But once we got to texas we went our seperate ways because he had orders to be in a different city. But I told him we were getting divorced for him to stop pretending like it's okay cause it's not and he started threatening with taking my son away and said he would make my life worse
Expert:  Marsha411JD replied 9 months ago.

If the credit card has your name on it and you are still married and a court has not ordered that you separate your finances, then you can use the card. I can't really address the other issues because I am not your attorney (you should have a family law attorney representing you in this case), and I don't have all of the facts. I can only discuss what the law in general says about a particular issue, but can't give you a specific opinion based only the the facts you give me.

Customer: replied 9 months ago.
Don't have money for an attorney this was as much as I could afford.
Expert:  Marsha411JD replied 9 months ago.

If you qualify, you can get free legal assistance from a local Legal Services Office. Just contact the State Bar Association and ask them for the nearest Legal Services Office or Legal Aid and they will evaluate your financial situation and if you are below a particular income level, they will assist you. Also, of course, if you are near a military base, you are entitled to free legal assistance through their legal assistance judge advocates.

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