Harassment from someone in the military?

[Jmeva]

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

I have been harassed by an ex for over a year now. In the past the harassment consisted of threats, breaking in my home, visits to my workplace, keying my car, and his most violent action was setting my apartment on fire last summer. Unfortunately the police were never much help to me. Every report I have filed has never been followed up on, despite my numerous requests. There is no such thing as a restraining order in VA. I applied for a Protective Order but because my ex did not show up for court to defend his side, it was completely dropped.

About 9 months ago, he joined the service and is currently stationed in NY. Since then the harassment has mainly consisted of phone calls, texts, and e-mails. He used several different numbers and e-mails to contact me, and often pretends to be someone else. I've had a neighbor of his parents notify me every time they found out he came to visit so I would be prepared (that's where he stays when he's in town). He attempts to contact me even more when he's in town, and I have got a glimpse of him riding past my residence on quite a few occasions. I've had my car keyed again and also had firecrackers set off on my porch while he's been in town.

I recently learned that he has begun to come in town every weekend. What, if anything, can I do to protect myself? As far as legal terms go, I have done everything I know possible - from speaking with the sheriff department and city magistrates to filing multiple police reports. I tried to contact his commander where he’s stationed but I was told that it was a matter for the local police to handle. I carry pepper spray with me at all times and plan to purchase a taser this week. I have kept a detailed log about every single incident with him. I've had my number changed but we have mutual aquaintences and it wasn't hard for him to obtain my new number. I can’t really afford to move at the moment and my lease isn’t up for months now. Are there any other legal steps I can take? How can I get the police to take my situation seriously? I feel more threatened now than I ever have because he has been trained to use weapons with the army.

[fozzy2]

"I tried to contact his commander where he’s stationed but I was told that it was a matter for the local police to handle."

Nonsense. If he is subject to the UCMJ, and in that command, it is their *responsibility* to do something. The UCMJ and various orders state that service members shall not engage in sexual harrasment --- it does not say the victim must be in the military. The service member is committing a crime while under the authority of his command, regardless of where he physically does it. It is amazing how "pick and choose" some COs can be about disciplining their own subordinates. Smoke a joint on leave in Denmark and they'll scream about being in the military "24/7". A complaint like yours, and they try to foist it off.

To begin with, if your description is accurate the servicemember is clearly "stalking" you as that offense is defined (never mind physical damage, etc.). Report his violation of the UCMJ to his command. Don't ask them "what can you do?" Rather, write a report describing what the servicemember did, list the sundry articles of the UCMJ and associated regulations he has committed, etc. If you really want to freak them out, use the official report form (I've listed a site for the navy version). Remember, *anyone* can "initiate" charges under the UCMJ. You fill out this form and send it to the command and it will be routed to Legal -- and they understand that the command will have to appoint an investigating officer, etc. It may or may not get you the results you want, but it will sure as heck alert his command to the problem and make them get off their duffs.

[url]http://www.usa-federal-forms.com/usa-fedforms-dod-navpers/dod-navpers-1626-7-nonfillable.pdf[/url]

You didn't specify what service the person is in (you mentioned army "training"). Just find their applicable regulations ordering people not to stalk/harrass, and then you can cite them and start your report with a violation of UCMJ article 92, Failure to Obey an Order. There may be other applicable articles, like 134 Indecent acts and gesture, or 117 Provoking acts or gestures -- just depends on what he's done.

Here is something else that I've seen done that will wake people up at his command. Have a lawyer draft a letter asking the command to "Stipulate for the record whether servicemember JOE E. STALKER is 1)Subject to your command and 2)Under the jurisdiction of the UCMJ". When the military lawyer gets that letter, he won't know exactly what is being considered but he'll automatically beging thinking about defending against some type of potential lawsuit. And that's how you get the military to act. Make "your problem" into "their problem" -- after all, he is theirs.

[Jmeva]

Your response is VERY helpful.

I've been told by so many people that the military takes allegations like this seriously, but when I called my complaint was just dismissed without a second thought. They didn't seem to care at all.

I will most definitely follow the steps you outlined in your response. Thanks so much. He is in the Army, btw.

[mtnstyne]

File a formal complaint with the IG (inspector general) where he is stationed. Make sure you use words like "fear for your life", "threatening", and "stalking". The IG will likely require the commander to complete a 15-6 investigation at which time someone will have to contact you to take your sworn statement (if they don't they are not fulfilling the duties of an investigating officer. Provide as much detail as possible including police reports, pictures, text messages, phone records, etc...flood them with paperwork.

The key will be to make the Commander worry that this guy is going to do something that will in the end or damage the Commanders career. Unfortunately that is sometimes what it takes.