Many individuals do not understand that the military has its own laws in place and believe that any form of treatment can be handed out to members-cruel or otherwise-and there is nothing the service member can do except grin and bear it. This is certainly not the case and there are precise laws in place to prevent cruelty and maltreatment.
Any individual, regardless of rank or position, who is charged with cruelty, oppression, or maltreatment of any of his subordinates will find himself in a court martial proceeding.
This law is for the protection of any individual who is compelled to follow the orders of the individual accused of the offence. The treatment doesn’t always have to be of a physical nature, but there are standards by which the nature of the offence will be compared. Examples that may come under this section of charges would be improper punishment, assault, and sexual harassment.
If you, your spouse, or both of you are in the military and have decided to divorce, you should use the services of military divorce lawyers. The reason is that a military divorce can be a very complicated legal matter that requires the knowledge of this type of lawyer. Although this type of divorce will follow the same procedures as a regular civilian divorce there are some intricacies that are different. These include retirement and military benefits, living arrangements that have to be dealt with separately, and the serving of divorce papers. Because civilian divorce lawyers do not understand the military laws that surround a military divorce is why you would need such a lawyer.
The military uses the same legal system as the civilian divorce proceeding do so there are no military judges or military divorce courts. There is one rule that is different in military divorces that is not in civilian divorces. Across the United States in most jurisdictions, the serving of divorce papers have to be made in person and within a certain amount of time but it is different with a military divorce. There are laws that will protect the member of the military if there is an unusual delay in the proceeding because they are not able to be served the papers or to attend the proceedings because of active duty.
To become such a lawyer you should know the particulars of all applicable federal and state laws that could apply to any divorce. State laws govern most divorces but with military divorces this is not entirely true. In regards to pensions, custody of children, military benefits, retirement, and child support or alimony there are some federal laws that will trump state laws. In rare cases, there are some portions of the hearing that may need to be heard by federal judges. If one or both members involved in the divorce are stationed overseas, there could be additional issues that pop up.
For military lawyers they do not need to be a member of any branch of the military. They are lawyers that specialize in divorce, specifically military divorce. To become a military lawyer you need to have a bachelor's degree, a Juris Doctorate (J.D.) from a law school that is accredited, and pass the Bar Association examination. You will also need experience working as a divorce attorney or have a job working with a law firm that specializes in divorce. The last thing you need is an understanding of all issues that are involved with a military divorce.
To be admitted to a good law school you have to have had a high grade point average throughout your bachelor degree program and pass the admissions test
When Unauthorized Absence Or AWOL May Not Be a Crime According to Military Law
Perhaps the misinformed conception of the laws pertaining to this offence came about because of the general mindset of the members of the military. Some may have thought that enduring cruelty and maltreatment was all part of the training. There may have been others that were afraid to step forward for fear of repercussions from fellow members. In any event, that type of attitude has changed over the last several years. Most of the members fully realize the hardships of the training involved but are also aware that cruelty and maltreatment are not condoned or tolerated by military law.
There may also be some misunderstanding as to what sexual harassment consists of. The following are some prime examples of sexual harassment, although the list is not all-inclusive, and of course each case depends on its own circumstances.
- Deliberate or offensive comments
- Offensive gestures that suggest they are of a sexual nature
- Threats against the career, wages or employment of an individual in return for sexual favors.
Individuals that are found guilty under Article 93 can receive a dishonorable discharge, one year’s confinement, and be compelled to forfeit pay and allowances. If it is deemed to be a lesser included offence, then it would come under the jurisdiction of Article 80.
These laws have been put in place to protect every member from the type of treatment outlined here. It is important that all those subject to military rule and regulation understand what their rights are, and a Military Law Lawyer will help with that.