Military Child Abuse Laws
Do veterans have any benefits for legal representation in a child abuse case if their attorney isn't consistent?Veterans are unable to receive any type of legal representation when dealing with criminal cases. Generally, if a veteran is 100% disabled, they can receive legal assistance for a civil issue if there is no local court involved. If you have an attorney that doesn't represent your best interest and you receive a conviction as a result, you can always appeal based on your counsels ineffectiveness. If your noticing inconsistencies before you go to court on a child abuse case, you should consider finding a new attorney to represent you.
What should a soldier do if they have been served a military protection order (MPO) after allegations of child abuse, but refused to sign?The first thing you should do after receiving a protection order is to abide by the order. By not abiding by the order, you could be in violation of Article 92 (failure to obey a direct order). You should also refrain from speaking to anyone, especially Family Advocacy, about the situation until you speak with Trial Defense Services (TDS). Anything that you say can be turned around and used against you. You shouldn't discuss the situation with anyone because you could be charged with attempting to obstruct justice. In the event that Criminal Investigation Division (CID) or Military Police Investigator (MPI) tries to interrogate you, tell them that you will not say anything without having a lawyer present. You should have a lawyer explain your rights before answering any questions. This is your right and you should use it to your advantage.
How can a person expunge a report of child abuse from their record?A report of child abuse is not a conviction. If you were never arrested on the report and you were not convicted, there is nothing to expunge from your record. To expunge a record means to remove a conviction. However, if a report has been made and Division of Youth and Family Services (DYFS) or child and youth services performed an investigation, the report would appear on your record. Due to DYFUS and child and youth services being an administrative welfare agency, they tend to over reach on the slightest of reports in order to justify their importance as an agency. To have the report removed from your record, you can attempt to contact DYFUS and ask them to remove the report due to the lack of a conviction. It they refuse, you can hire an attorney to work on having the report removed. Usually, cases such as this never make it to court. After receiving a letter from your attorney, the report will probably be removed.
Will the UCMJ take action against one of their members on allegations of child abuse that has exceeded the statute of limitations?It is possible for the Uniform Code of Military Justice (UCMJ) to take action against one of their members. The statute of limitations for the UCMJ is 5 years; however, if the command wanted to, they could take administrative actions against the member, such as a separation. Command could also refer the allegations to the state which would mean the statute of limitations would not begin until the child was 18. Generally, if the allegations are supportive enough, the Marines will separate the member and release him to the state for prosecution. The decision will be up to the member's commander as to how far the investigation goes. The stronger the evidence usually means there will be an investigation and if found valid, there will be a prosecution.
What happens when a child receives bruises from martial arts class, but the parent is being investigated by military family advocate for child abuse?Generally, if the military family advocacy believes there is child abuse involved, they will take pictures of the child's injuries. Without pictures, they would have trouble proving their case. Your commander is the one who will bring charges on you, not family advocacy. If the bruises are a result of an injury from martial arts class, the doctor who will examine the photo will be able to confirm it. However, if the bruises are left from a belt, the doctor will be able to verify the point. If the doctor finds that the bruising is from a belt, you should hire an attorney.
Dealing with child abuse can be a horrible situation for anyone. Trying to repair the damages of child abuse can take years, especially if false allegations are made. The repercussions associated with child abuse can last for years. If you find yourself in a situation that requires experienced legal insight, you can ask the Experts. People ask the Experts questions, and receive solutions to their individual situation in an efficient and knowledgeable manner.