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Can A sgt tell my husband i cant move to the state he is currently stationed in???is it llegal?

Denver, CO |

my husband and i have been married for a month me and our 5 year old son where supposed to move from denver to tenessee but his sargent said he cant move us or he would be punished

Attorney Answers 4


  1. Best answer

    That sounds like an unlawful order and not something "his sergeant" can order anyway.
    He should file a complaint with the Army Inspector General, AFTER he first brings it up with his First Sergeant and Commander. He should use the chain of command initially. As part of working his way up the chain he should ask for a written counseling statement as to the supposed reasons for this order.
    If he gets no response from the command, then it's time to go to the IG.
    He should also go to the Base legal assistance office. They have military and civilian lawyers there who will be able to assist him.


  2. That sort of instruction doesn't make a lot of sense. Your husband may want to talk to a local JAG officer to seek an explanation of the prohibition.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  3. Mr. Harkess is correct. The military normally triads to keep couples that are in the military with small children intact. Your husband has free legal counsel with the JAG office on his base and he needs to use the JAG officer.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  4. Your husband has access to free legal counsel in our military (please thank him for his service). He should sit down with that counsel, found in the JAG office on his post, and have a talk.

    Good luck to each of you!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.