Adultery and Abuse

[recruiterspouse]

What is the name of your state (only U.S. law)? Ohio

Husband was investigated for adultery. I have read posts on here indicating that it is hard to prove. However, the woman he had an affair with is saying the child she is carrying is his. Also allegations were made that he threatened to take her life and the unborn childs life along with an assault on her. She reported all of this. The military issued a mpo for her and he has violated it. He was already court ordered to stay away from me and the kids because of abuse. He violated that as well. I keep being told "we are counseling him". JAG is reviewing the case and i'm not sure what will happen. I was told I could only be told the outcome. The other day some high ranking person in the military told me they will not tell me the outcome. Is there some reason for this? Although we will be divorcing soon, why should I not know the outcome when it will affect me until we are divorced? Also any effect on him effects the kids. Whats likely to happen?

[fozzy2]

I don't have a specific, simple, answer, and this could be a tricky situation. To begin with, a lot will depend on how the military decides to proceed with your husband. If he is simply administratively 'sanctioned' (for example, an entry into the service record, verbal counseling, et.c) then you may not be told what happened. However, though I am unaware of the details I'm pretty confident the DoD has some "victim's rights" policies/guidance out there that would apply. If the military does determine that he did an accused act, there may be policy that "suggests" his commanders apprise you of what steps have been taken. Generally, the military can make disciplinary matters as open as it likes. For example, NJP can be open to the public even if the servicemember objects. Court martials are normally open to the public.

You should have been put in touch with your local Family Advocacy Program -they should be able to fill you in on the details. You might also want to look into getting a domestic violence restraining order (or local equivalent) from your local court. If he violates while in civilian jurisdiction he will have to answer to civilian authorities. In some states (Texas now, IIRC, for one) violating a domestic TRO can mean jail with no bail -- let him see how he likes a month in county before he even gets to court.

[recruiterspouse]

fozzy, thank you for responding.

I was placed in contact with FAP. They have not been giving him any details either. He said they didn't even file the SIR like they are required to do when there is a report of abuse. He stated that when he tried to request they follow the regulations they threatened to "end his career". Also its my understanding that the other woman filed a congressional complaint against either my husband and/or the military. How does that affect the case? Also is JAG typically consulted if they want to initiate NJP or take administrative action? I know that you don't know all the facts of the case, but can you at least give me the worst case scenerio. (I've been told prepare for the worst, but hope for the best). Also I indicated in the original post that I have a civilian restraining order and he has violated a few times.

[Shay-Pari'e]

Worse case senerio. dishonerable discharge and serving time if the threats can be proven.

[recruiterspouse]

Another question:

If the command closes the investigation on my husband's adultery case before the paternity of the child is established, can he still be punished if a paternity test is later ordered by the court and it is established that he is the father? If so will he be in more trouble than if he had fessed up beforehand? Why would ig get involved? If they did how ugly could this get?