armydad1
newbie
Reged: 11/23/07
Posts: 35
Loc: Ft Hood Tx currently deployed ...
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My wife and I got into a verbal fight and thats all it was. It went on for a few mintues and I had a friend who lived next door that was there the whole time we fought. She ended up calling the MPs under a false claim stateing I punched in the face. Well the MPs showed up and arrested me for Domestic Voilenice . I was released to my command a couple days later. She left while I was at the barracks .I later deployed to Iraq The MP Charges were droped cause when they did a investageion they found no marks of any kind and no signs of a hit on her. And her story would change alot. They said there wasnt any proof of the assualt she claims so all the charges were droped.Also my friend wrote a statement saying that no such thing happen and it was only a verbal fight and thats it . The whole time we fought I was at least 6 to 10 feet away . While deployed I had gotten the divorce petition in the mail. Now the divorce petition states the MPs were called but this I time chocked her several times and tryed to hit my child and attack our dog. Non of this is true and its all false what if any legal actions I can take cause this petition has a false statement and it trying to make me look bad infront of the court. And she trying to get full custody of our 4 year old child . I feel this is wrong and should be something I can do legaly . Please help me thanks
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26682
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First thing request a delay to any proceedings under the SCRA
Delay of Court and Administrative Proceedings
A major change provided by the SCRA is that it permits active duty servicemembers, who are unable to appear in a court or administrative proceeding due to their military duties, to postpone the proceeding for a mandatory minimum of ninety days upon the servicemember's request. The request must be in writing and (1) explain why the current military duty materially effects the servicemembers ability to appear, (2) provide a date when the servicemember can appear, and (3) include a letter from the commander stating that the servicemember's duties preclude his or her appearance and that he is not authorized leave at the time of the hearing. This letter or request to the court will not constitute a legal appearance in court. Further delays may be granted at the discretion of the court, and if the court denies additional delays, an attorney must be appointed to represent the servicemember. (See Section 202, SCRA)
About the call to the MPs, when the MP's are called, it generates a blotter and an investigation, there is a record of the charges being unfounded, just like there is a record of the call in the first place. You can go through the Provost marshalls office and also the Family Advocacy to prove it was unfounded. If she called the MP's I am surorised she was not taken to DAMC, that is SOP. But rest assured, just as there is a record of her calling and the blotter, there is also one of the investigation. If you can, call family members here and arrange to have a lawyer ready for you when you get back to start handling this. She can only prove that the MPs were called and you can prove that the MPs were called about a bogus Domestic Violence incident. Unless there is something that you are nto saying, you can most certainly get joint custody, but your child will probably live with her because of you being in the military, and which would truly be better for the child, you should ask for custody if it involves safety of the child or the child would truly be better off with you and you can handle it and the job.
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armydad1
newbie
Reged: 11/23/07
Posts: 35
Loc: Ft Hood Tx currently deployed ...
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I had the proceeding stoped due to my deployment .I called the court clerk and let them know I couldnt make the court dates they had due to me being in Iraq. they told me to call the next day .So I did I found out the judge had no idea I was military and currently deployed in a combat zone and that her lawyer never said anything about this .He put a stop to the proceedings . And I have a lawyer its for my divorce but can there be and legal actions taken Cause this could have effected my military career . My command has the blotter report on file . She also lied to my command about her were abouts after this and she told them a womens shettler but I found out throught my next door friend that her and her mom clean out our on post house . She left with her mom was there the whole time she was also taped on a phone call to that same friend stateing That she didnt get hit and thats she cared less if i end up in jail for it and she laughed about it .Luckly one of my NCO's was there when she called that friend and heard it all and we taped it incase she said something luckly he had that idea . She is causeing trouble trying to cause trouble still between me and my command and I dont know what to do to put a stop to it before she ends up costing me my military career . She lieing about getting her BHA share and now she telling my command I have a girl friend . luckly I proved to my command it was a lie . But I fear if she keeps these calls up it going to cost me my rank and career. Something got to be done to stop her . I just dont know what to do. I at the point of loseing my mind over her playing games and it might cost me rank or career and my little girl .
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I love my little girl
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26682
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All the same things she has to say you did committ assault, you have showing you didn't, your lawyer can start gathering that information, you said there was an investigation showing that it was unfounded, that nips it in the bud. Your NCO support Channel should be able to explain what is going on and it will not cost you your career and you will not lose custody or visitation. The one good thing about the military and domestic violence is that they invetigate every allegation and keep extensive records. Your NCOs sound like they are aware of this and they should be able to take care of anything with the 1SG. They all know this happens and as long as you can show your doing the right thing, you will be good. Keep talking to them and keep them iinformed, have them talk to the rear D so they know what to expect. Her attempts to backdoor you will eventually result in her being ignored, but you have to have yoru ducks in a row. Do the right thing, she is trying to use the system against you, what she doesn't get is that the same system will protect you.
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armydad1
newbie
Reged: 11/23/07
Posts: 35
Loc: Ft Hood Tx currently deployed ...
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thanks I was getting kind of worried about that
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I love my little girl
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