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Philip Douglas Cave
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Philip Cave’s Answers

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  • Is this civil rights violation?

    My ex husband was abusive, so we divorced. I was a SAHM and couldn't afford my own attorney, so I signed the divorce agreement just to end it. I received no spousal support, and eventually had to file bankruptcy. He continued harassing me. I f...

    Philip’s Answer

    I hope your divorce decree properly accounted for any division of his retirement should he stay active that long.

    You cannot be represented in TN by a lawyer not licenced in TN. Sorry.

    You should check with the Bar association and also some law schools have legal clinics serving low income and disadvantaged people.

    Also, if he is active duty, you might be able to have his commander order him to stop harassing you. Maybe. Not guaranteed.

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  • 2 ovis

    I'm in the army. I joined in 2011 and completed basic in 2012. I never finished ait due to having a child, so I was supposed to get scheduled for ait. Let paperwork never got started until just recently and I acquired 2 ovis inbetweem the waiting ...

    Philip’s Answer

    If you have two driving while intoxicated charges on your civilian record it's quite possible you are no longer eligible to serve. There are quite a few military personnel being discharged for one DUI, and two would just make it worse.
    Are you a Reserve? Not sure otherwise why you did not complete and AIT.

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  • What do I do if I got discharged from the army I need help they wouldn't give me anything no medical and etc.

    I was in military and got discharged from the army for haveing chromes disease even thow there results were wrong and they told me to go to personal doctor so I did and they sayed I downt have it got checked twice and the army didn't do anything ...

    Philip’s Answer

    Agree with Mr. Early.
    Talk to a VA experienced lawyer in your area.

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  • How long must I wait to remarry after I file for divorce in Utah? What if I'm military and stationed out of Utah?

    I plan on filing for divorce in Utah because my home of record is Utah and my wife lives there with my children but I am active duty army and stationed out of state. Do I have to follow Utah law if there is a remarriage waiting period even though ...

    Philip’s Answer

    Generally you follow the law applicable in the state you marry. BUT there may be something in the divorce decree or state law which delays when the divorce is actually final due to a passage of time.

    So DONT get remarried until you go to your base legal office. You can get free legal advice from them on this question. They will have access to the appropriate laws.

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  • Plaintif calls witness after resting while defense case. Do they have to stipulate them as a rebuttal wittness on the record

    Plaintiff lawyer rested then in the middle of the defense's witness's questioning. While waiting for 2 months for the next Trial date the Plaintiff sends the Judge a Fax requesting an adjournment of trial date stating reason why is Their Princip...

    Philip’s Answer

    This is a court procedure question.
    You may get a better answer in the appeals area to see whether it might be a basis of appeal.
    You should consult with your lawyer or get one soon. Appeals have TIME DEADLINES that you may by missing or waiving by not acting now.
    Checking on AVVO for general responses isn't going to help comply with any appeal deadlines.

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  • I am looking for an attorney that is experienced in the appeal process for employment with the Chicago Police Deptartment

    I believe I am a well qualified candidate ( 4 years military experince, bachelors degree, fluently speaks a foreign language, and prior Military Police Officer). I was disqualified due to a couple misdemeanors and a one time sale of Marijuana in HS.

    Philip’s Answer

    It does not appear the decision is based on race, gender, or any of the other similar types of reasons.
    It appears that they have decided your otherwise good qualifications are outweighed by your prior criminal history. If that's the case, then it would appear to be a decision well within their rights.
    You certainly can do as Ms. Goldstein advises and checked on AVVO search to find an employment lawyer in your area who is familiar with police hiring and firing cases.

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  • My husband was denied his right to a fair trial

    The judge in my husbands attempted murder case would not allow evidence of third party culpability to be heard by the jury. This evidence we feel would have raised reasonable doubt as to my husbands guilt. The victim was shot on two seperate occas...

    Philip’s Answer

    As Ms. Bennet advises--get your lawyer to file a timely appeal.
    Asking the question here does not help and may delay timely action.

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  • Army regulations for Bah

    My ex husband I are recently divorced. It is currently his visitation window so he has our son, however the army is stating that my ex husband, who is a soldier, must obtain at least 51% custody of our son to receive BAH and housing. We have 50/50...

    Philip’s Answer

    1. Agree with the answers about anything in the regulation.

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  • What will result be if I don't disclose a HYTA case to the military?

    Several years ago I was the defendant in a case resolved under HYTA. Every once in a while I'm told that I shouldn't have to disclose a HYTA case to the military. Apparently, this has even been affirmed by a state attorney general. I am aware o...

    Philip’s Answer

    Mr. Early is correct about a security clearance. There are many skills or assignments in the military that require a clearance. And all officers must have one.
    Look at Sectuib 22 on the SF 86, application for clearance.
    https://www.opm.gov/Forms/pdf_fill/sf86.pdf

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  • My question is about the many versions of legal dictionaries...Black's, Bouvier's, etc.

    Out of all the versions of law dictionaries available from Black's to Bouvier's, from the early days to current, which are considered valid? Valid to the extent that one could actually stand on a definition in any court of law.

    Philip’s Answer

    I learned from Blacks in law school. So I consider that among the preeminent to follow. Over time other dictionaries have come out. None are "valid" in the sense of being binding on a court. Like any dictionary they have value in trying to explain a concept. That's not different than using the English Oxford vice Merriam-Webster. I even use the Urban Dictionary at times in briefs.

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