Expert: Aaron Shifferly - 5/12/2010

Question
QUESTION: my husband is a warrant officer in the army.he got arrested for domestic violence and dui here in alaska.what kind of punishment the army will give to him.he been a good soldier for 12 years service.this is his first dui.my husband still in jail at this moment.Can his chain of command help him to be release?please help me i dont know what to do.

ANSWER: First you failed to mention who arrested him, Military Police or Civilian ones. I'll assume civilian since you most likely live off base. In this case, his chain of command has no influence over him and the arresting jurisdiction will do as they please with him.  Unfortunately, this also has ruined his career.  He will undoubtedly face adverse action from his chain of command (most likely in the form of a letter of reprimand signed by a General Officer) and still face the criminal penalties as mandated by the arresting jurisdiction. There is also the issue of the domestic violence charge. If he is convicted/pleads guilty to it he will lose his right to carry/work with firearms under the Lautenberg Amendment. This law prevents use of weapons by anyone convicted of misdemeanor or felony domestic violence. With this conviction, and his subsequent loss of the right to use a firearm, continued service in the US Army is unlikely. If you were the target of this domestic violence incident I implore you to seek counseling and find a safe place to go. On base at Army Community Services they will have resources to help you. I wish you the best of luck. If you have any further questions please don't hesitate to ask.

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QUESTION: My husband is telling me that he will divorce me and get the custody of my child and he will make sure that im not gonna get anything.he took all the money from the joint account that we have.he was convicted 2nd degree harrasment and 5 years probation.he told me that he talked to a divorce lawyer and told him im not gonna get the custody coz im not a us citizen and i make only a small money and i cannot afford a lawyer.he told me that dont try to talk to the legal inside the post coz they will not help me.Is it true all what he told me?what are my rights for being married to him for morethan 5 years?Can i make him pay for my lawyers fee?please help me i dont want to lose my son.

Answer
Most of these questions belong with a lawyer, I'm afraid. If you are still legally married to your husband and have an ID card, you can visit legal assistance on post and ask for help.  They will not represent you against your husband, but can give you advice and point you in the right direction.  Second, please go to Army Community Service on base and talk to a counselor there.  They, along with Family Advocacy, can help advise you of the best way to proceed with this and even help you find out if you're eligible to file for citizenship here in the US. They can also help you find some job training so that you can better your chances of success and gaining custody of your son.  Your husband owes you nothing more than what we call 'BAH Type II' which changes based on location and dependants.. you should again check with legal on the amount he should be paying you. I would also keep logs of all the threatening and harassing things he does and says to you. Please don't hesitate to call local or base police if he threatens you. Please feel free to ask more questions if you have them, but go see Legal Assistance, Family Advocacy, and Army Community Service without delay.