Posted on Jun 23, 2015
Can commander restrict you from your residence?
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No ucmj or legal action in place just a 4856 states not to go home can they do that? where can i find the regs onthis?
Posted >1 y ago
Responses: 12
Yes they can, but usually it involves an investigation into or report of some sort of domestic violence. You need to find out fully from your command why it is that a month later you are still being told to not go home, and I am assuming that the unit is providing some sort of "housing" for you. If you get the same response with nothing added to the reason then I would seek advice from both the JAG and IG.
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I would use JAG for counsel. They will ensure that you are not violating UCMJ or the Soldier's rights.
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The CRD can pull your pass which would restrict you to base without UCMJ action. Although we don't have formal pass cards it is still in AR600-8-10. You would have access to the limits of your post and although you don't need to show your pass card when going out the gate if caught off post you would be subject to UCMJ action.
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Yes, he can restrict you from your residence if he has reason to do so (suspected spousal endangerment, for example) and yes, if he doesn't have solid ground on domestic issues he can still restrict you from your residence in the more roundabout way of restricting you to the barracks.
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A CDR can legally keep someone from their residence based off the circumstance, such as an domestic issue that may cause harm to the Soldier or the spouse. This usually follows an incident of that nature or the possibility of a future incident based off reliable information of a possible domestic issues may happen if left unprevented. good CDR's will get JAG involved to ensure that what they doing is legal and documented.
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For what reason have you been told not to go to your residence, if you don't mind me asking.
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CPL (Join to see)
Well I came home drunk the mp's came and took me to get my blood tested I was obviously drunk so they told me to not go home. I was not arrested. But this was the 15 of May. And they are still saying I cannot go home. It has been over a month. There is no restraining orders or ucmj action I am not in ANY TROUBLE My command is just telling me not to go home.
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1SG (Join to see)
The 4856 should spell out the restriction time frame and/or conditions. You have solid advice from those here...consult the counseling's plan of action and seek details from your command as well as clarification of your rights from JAG.
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There's a thing called a "no contact order" and it can be up to 72 hours meaning your commander can put you in the barracks. As an MP, I have dealt with this with other Soldier of types of ranks.
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MSG (Join to see)
The only time I have seen a "no contact order" was in situations involving domestic issues that may have caused harm to self and/or others. In this instance, the commander restricted the Soldier from returning home, but only long enough to allow civil authorities to address the matter.
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came home drunk the mp's came and took me to get my blood tested I was obviously drunk so they told me to not go home. But this was the 15 of May. And they are still saying I cannot go home. It has been over a month. There is no restraining orders or ucmj action I am not in ANY TROUBLE My command is just telling me not to go home.
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PO1 (Join to see)
First, hope you're not touching alcohol for a while. Second, find out all details behind why they deny and how much longer. Once you find out, consult with base legal on legality and authority of restraint. Good luck and stay sober!
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LTC Yinon Weiss
This doesn't make any sense. Why would somebody tell you not to go home just because you were drinking? Dislocating you from your home doesn't reduce odds of drinking. As others have mentioned, these situations often involve domestic disputes. Are you married? Is it possible your wife or live-in girlfriend/fiancee contacted your chain of command?
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SSG (Join to see)
You should go and get some legal advice from your local TDS. Fallow your commanders orders until you can get this resolved legally.
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