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Me and a friend ( soldier ) were given a piece of paper with…

Me and a friend...

Me and a friend ( soldier ) were given a piece of paper with guidelines on how a no contact order works, I never signed anything, he never signed anything, and the commander never signed anything, and my first sergeant is trying to get us for disobeying a order from acommissioned officer because he saw me and this other soldier in the gym together. We were given counseling statements and they where closed out meaning the plan of action had been completed about how are friendship looked. Legal told us to just abide by it until the change of command even though it wasn't really a no contact order.

Lawyer's Assistant: Are you overseas or stateside?

Overseas

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

Yes, the soldiers platoon sergeant and legal told the sergeant the same we were told. From what I've read in a regulation theres no such thing as "perception of adultery", just inappropriate relationship.

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

He's in the process of a divorce and his mediation in on the 12th of January

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Answered in 5 minutes by:
1/3/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,631
Experience: Lawyer and current JAG officer.
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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.

There isn't really anything legally significant about an official "no contact order." It looks very official, but it is nothing more than a documented order that reflects a verbal order.

A commander can give a verbal order that is just as binding as a written "no contact order." If you're being told not to have contact, you can't rely on the absence of a written order, when it comes to a legal argument.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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.

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Customer reply replied 7 months ago
Legal said once the old commander left the one that gave him and I the verbal " no contact order" that void and the new commander hasn't adopted it.

Following your timeline is a little difficult here, but yes, when the verbal order giving commander is gone, the power of that order is gone.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,631
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Customer reply replied 7 months ago
But are first sergeant is saying differently and since we have no paper trail do you think we are okay? The old commander has been gone for almost a month and when the Soldier and I went to the gym are first sergeant caused a huge scene. And when he looked at both of the soldier and I's counseling packets there was nothing the old commander gave as a no contact.

It seems that the First Sergeant didn't understand that no written order had been given. I think that once legal corrected the First Sergeant, the matter become clear that you don't have an official order.

Now, all that said, while there is nothing legally called the "perception of adultery" there is absolutely the reality that if people perceive it, they can constantly make issues for you. I understand this friendship is something that matters to you, but continuing to push the matter is a really good way to make the new commander suddenly adopt a written "no contact" order that would absolutely be enforceable.

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Customer reply replied 7 months ago
What do you think we should do? He's getting ready to leave South Korea and he has mediation is 10 days.I'm also getting ready to ETS.

You might consider a little distance until he is actually divorced.

Legally, the fact that he is in mediation and is in the process of divorce, does not change that he is married. There is a section of the law that allows a commander to consider that he is divorcing, but nothing requires the commander to consider it.

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Customer reply replied 7 months ago
Can they open an investigation because they saw us at the gym?

They can. It doesn't take any particular level of evidence to open an investigation.

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Customer reply replied 7 months ago
Thank you!

Take care.

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