Legal Question in Military Law in California

CA military divorce and Restraining order

the other party is an active military personel. we were married 2 years ago in CA. We were stationed in NY for the past 2 years. We were transfered to AZ, last month. I am now in CA which I have alway had a CA ID. We have a child that was born in NY 12 month ago. He holds a TX ID. There has always been some sort of domestic Violence,cheating,drinking,by him toward me and our child. How would I go about filing for divorce and a restraining order, he has called me today and threatened to kill me and take our child. There is a report in NY of Domestic Violence that was filed on base. Where do I start and what should be My best course of action and help please.


Asked on 1/08/04, 12:18 am

1 Answer from Attorneys

Re: CA military divorce and Restraining order

This is an issue primarily of family law not military law and you should seek legal counsel from an attorney who practices family law.

To start, you may contact your local bar association and/or the closest military installation with a legal assistance office and speak to a military lawyer about your situation. You may be able to get a military protective order from your husband's commanding officer and/or a restraining order from a state court. If on active duty your husband is also subject to military law, including court-martial for criminal offenses such as threats to do bodily harm to you.

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Answered on 1/08/04, 2:13 pm


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