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Can i sue the marine corps?

Snohomish, WA |

my husband has been harassing me for months, i moved out of the state we lived in before he came home from deployment because i was terrified of him, i had to pt myself in therapy because i was going to go crazy if i couldn't find a way out. i have asked for a divorce but he is not willing, he has told me he has hired people to watch me, he is going to have someone come to my house and rape me and so many other things. i took the necessary steps up the chain of command to seek help and know one really listened or cared. i sent proof of moths of facebook and text messages to prove i wasn't lying and still nothing not even a slap on the hand, i am being treated like i am the bad guy and he is the innocent one. this is not even the beginning of everything i have been through, i need help

Attorney Answers 3


  1. There are laws and court decisions that prevent service members and their families from suing the government--even for negligence resulting in death. In addition, and as an aside, you posted nothing that indicates to me the Marine Corps has failed in some duty to you—but you did not indicate any specific evidence of threats and whether you contacted law enforcement (which you should do ANYTIME he makes a threat.)

    Recommend you (1) avail yourself of divorce clinics the legal services office at most larger military bases have--that will get you started in the process. Counseling (free) for the emotional side of what you are experiencing can be had at the Family Services Center at the same base.

    Finally, you will need to locate a family law attorney in the state you intend to sue for divorce (assuming you don't want to handle the divorce yourself).

    I wish you the best of luck.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. Military training and combat deployments can have horrible effects on certain people. Guessing that your husband wasn't like this when you married him, it seems like he is one of those people. That is very sad.

    You tried going up the chain of command and nobody listened. Now it may be time to go down the chain of command. Some options include the following: (1) Contact your Congressional representative's office and request a Congressional investigation as to why your concerns have not been addressed. Lay out every detail of what your husband has done and what you have told his command. This will really shake the tree of your soon-to-be-ex-husband's CO. (2) In parallel, file a criminal complaint with your local law enforcement. (3) Contact the base JAG office to request a UCMJ complaint (Articles 117, 120, 81, and 134 may be viable on these facts).

    Of course these only are possible legal steps that you can take, none of which really are likely to protect you. On the flip side are possible pragmatic steps, like purchasing and learning to use a weapon, and making sure you are hard to find.

    The only good news here is that all the above steps you can accomplish without hiring a lawyer (though one would be helpful for getting a divorce without having to be in the same room with your husband).

    You are not my client. I am not your attorney. The above comments are not confidential, not "legal advice", and not "legal opinion". I am licensed as a patent attorney and in the State of Connecticut. Retain and consult an appropriately licensed attorney to identify the laws and facts material to your concerns.


  3. No, you will not be able to sue the Marine Corps on these facts.
    However, if you have reported this to the Naval Criminal Investigative Service and/or his unit, there might be a criminal investigation started. That may have the effect of stopping any threats and threatening behavior.

    mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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