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I am active duty military and was wrongfully served with a…

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I am active duty...

I am active duty military and was wrongfully served with a protection order by my eifes disgruntled ex preventing me from coming within 300 feet of their son. i wasnt charged with anything and i believed i did nothing wrong so i represented myself. well the ex showed up with a laywer and the judge ended up making the order permanent for three months. How will this affect or can this affect my military career? will my command be infirmed?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 7 months ago.Category: Military Law
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11/29/2017
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,479
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Can you tell me, were there any charges associated with this? OR just the PO?

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Customer reply replied 7 months ago
just the po
Customer reply replied 7 months ago
The PO is for three months.
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Thanks

The main concern I would have (and likely your command) will be that under federal law (Title 18 section 922 of the US Code) you can not possess a firearm while you are under this order.

Now...that will not apply to your official duties...you can still carry a weapon if your job requires it...but military policy has been to separate soldiers who are barred from possessing a firearm.

This commonly comes up when a person is convicted of a domestic violence crime

So if your command finds out, they may take steps to separate you.

It is not required...they are not required to...but they could.

It is unlikely your command will be notified (since there were not charges). But if they find out? Again, they COULD take steps to separate you.

IF the order is lifted in 3 months are you are still in? Then you would likely have no issues.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Please note: I have to step away for approx 1.5 hours but will follow up if you have questions when I return

t

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Customer reply replied 7 months ago
i have been in for 22 years and will be in three months from now. i plan on staying 8 more. If they find out, what steps or what AR states that I can be separated? Somehow I feel the right thing to do is TELL them as i have done nothing wrong and pay a lawyer to appeal it. CAN it be appealed and overturned? Is it a permanent civilian record? I believe i have sufficient proof to show that the judgement is unjust.
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

If you are enlisted, the AR is 635-200. They would use the "good of the service" to separate you (if that was the plan).

With 22 years in? I would tell them...they do not have to separate you...and if you tell them it may well be they do not.

Can the PO be overturned? You can hire a lawyer to appeal. That said, I would not waste the money...the ability to overturn something like this on appeal is VERY difficult...you could spend $10K and still not get it pulled. I would wait the 3 months till it goes away on its own

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
is it a permanent record?
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

It is a public record. It will not go away...but it will have no effect AFTER it expires.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
does the federal law say that i cannot have a firearm? i know there is no state kaw in my state. i have many many firearms in my house in a safe. and very much ammunition a reloading material i.e. gunpowder for reloading. if there is a federal law, could the ATF, FBI or other police get a warrant and then arrest me fir breaking federal law? i do not live on a federal reservation.
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Yea...federal law is clear...you can NOT possess a firearm when this order is active. You may want to transfer them to someone to hold for the next 3 months.

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Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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Customer reply replied 7 months ago
i would be happy to rate you when you answer the rest of the questions in my last message.
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Sorry...it IS possible for FBI/ATF/Fed Law Enforcement to arrest you for this. Federal law applies nationwide...so if you violate federal law, even if you are not living on a federal reservation, they can prosecute.

Now...how would they find out?
Frankly, I doubt they would, unless someone reported you...and even then, I suspect the FBI has better things to focus on...but it certainly is possible you could face prosecution if you continue to possess the weapons while the order is in effect

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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