Military Stalking Questions
Can a person sue the military for allowing a contracted civilian to make a call to a civilian from a military base? Would this be considered stalking?Even though this person is contracted by the military, he isn't a member of the military; therefore, you wouldn't be able to sue the military for his actions. If you were to sue the military, you would have to have evidence of harm that was caused by a member of the military. A civilian who is contracted by the military is not considered a member of the military. As far as the stalking, usually a person would have to repeatedly harass, contact or follow someone in order to justify the label of stalking. One phone call usually wouldn't be considered stalking.
What affect will a civil stalking injunction have on a soldier's status?Usually, a civil stalking injunction won't have any effect on your status. However, you should do a couple of things to protect yourself. First, you should speak with your command and let them know about the situation. There shouldn't be any trouble for you by command as long as there hasn't been any type of misconduct on your behalf. You need to avoid the person who filed the injunction against you and try to stay out of trouble.
If a person has a restraining order against their retired military spouse for stalking, can the military force the retiree to support their spouse?The military generally has no involvement in the domestic actions of a retired veteran. You need to ask the court to order him to attend to the bills of the home, and express the need for him to do so. Usually, the court will order support if there is enough evidence of unfair actions. You will need to show the judge that the actions of the person has affected your living situation and show unfairness in his refusal to pay bills that he would normally care for. While you wait for a court hearing, you can prepare your case to present to the judge.
Can a person contact the military in regards to a tenant who is a soldier and has invoked the Military Clause to cancel a lease, in an attempt to collect rent?In order to invoke the Military Clause, the military must present you with a copy of the orders. However, you may be in violation of Nevada's anti-stalking statute by trying to collect past due rent and if you are not in a position to challenge the soldiers choice to invoke the Military Clause. This is how the statute reads:
"NRS 200.575 1. A person, who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking."
Should a soldier hire an attorney if a female civilian is stalking them and threatening to tell the military that the soldier raped her?At this point in the situation, there really isn't a need for an attorney. However, if the woman follows through with her threat and claims you raped her, your command may want to begin an investigation. If an investigator wants to talk to you about the situation, politely decline until you have spoken to a judge advocate or you hire an attorney. If you do hire an attorney, make sure they have military law experience. As far as the person stalking you, you should make it very clear to them that you do not want any contact with them and you want her to stop calling and following you. If she continues, you should file for a restraining order. You don't need an attorney to file for the restraining order; however, with an attorney assisting you, your chances are better in receiving the order.
Many people are unaware that there are laws that protect them from someone stalking them. If you have questions or doubts about your rights when stalked, you should seek legal insight from Experts.