Military Law Directory

Perjury sounds simple, lie under oath, but the offense the government actually has to prove is narrower than the everyday meaning, and that gap is exactly where the defense works. A false statement alone is not perjury. Several specific elements must all line up, and a defense attorney handling a perjury allegation tests each one rather than arguing the witness was merely wrong.

The offense: Article 131

Perjury under the UCMJ is Article 131 (10 U.S.C. § 931). For the most common form, giving false testimony, the government must prove a stack of elements, all of them:

• The accused took an oath or affirmation in a judicial proceeding or course of justice;
• The oath was authorized or required by law in that matter;
• It was administered by a person with authority to do so;
• The accused willfully gave certain testimony;
• The testimony was material to the issue;
• The testimony was false; and
• The accused did not believe it to be true when they said it.

“Judicial proceeding” includes a trial by court-martial, and “course of justice” reaches a preliminary hearing under the UCMJ, so the offense can arise in more settings than just a trial.

Where the defense lives: materiality and belief

Two elements carry most of the defense weight, because they are the hardest for the government and the most forgiving to the accused.

• Materiality. The false statement must matter to the issue or inquiry. A misstatement about something trivial or collateral may not be material, and if it is not, the perjury charge fails even if the statement was wrong.
• Disbelief at the time. The accused must not have believed the statement was true when making it. This is the crucial line between perjury and honest error. A witness who testified to something they sincerely believed, even if it turned out to be false, has not committed perjury, because the law targets willful lying, not honest mistake or faulty memory.

This is why “handling” a perjury allegation is element-by-element work. The defense asks: Was the statement actually material? Was it really false, or just imprecise? And above all, did the accused believe it when they said it?

The practical posture

Because perjury allegations often grow out of inconsistencies in testimony, the defense frequently centers on explaining the inconsistency without conceding willful falsehood, memory differs, questions are ambiguous, and people restate things imperfectly under pressure. None of that is perjury unless the full set of elements is met.

Imagine a witness who misremembers a minor date versus one who lies about the central fact in issue: only the second, a willful, material falsehood known to be untrue, meets the perjury elements, while the first may be honest error.

The takeaway for anyone facing such an allegation is that a perjury charge is not proven by showing a statement was false; it is proven only by showing it was material, willful, and known to be untrue. That is a demanding standard, and it is the ground a defense attorney contests, which is reason enough to involve counsel before answering questions about the statement at issue.

Frequently Asked Questions

Is an honest mistake on the witness stand perjury?
No. Perjury requires that the person did not believe the statement was true when they made it. An honest error or faulty memory does not meet that standard.

Does a false statement have to be important to be perjury?
Yes. The statement must be material to the issue, so a trivial or collateral misstatement may not qualify as perjury.

Can perjury be charged for a written statement, not just live testimony?
Yes. A false, material statement made under penalty of perjury in a proceeding can also support the charge.

This article is general information about perjury under the UCMJ. It is not legal advice and does not create an attorney-client relationship. Elements and their application depend on the specific facts and can change. Anyone facing a perjury allegation should consult defense counsel.

Sources

• Article 131, UCMJ, Perjury (Manual for Courts-Martial, Part IV)
• 10 U.S.C. § 931 (Article 131), Perjury
• Manual for Courts-Martial, United States (2019 ed.)%20(20190108).pdf)

Rules of engagement decide when and how force may be used, and getting them right is a collaborative process in which a judge advocate plays a defined supporting part, advising, not authoring. Understanding how ROE are built and reviewed, and where the lawyer fits, clears up a common misconception that lawyers write the rules of war.

The foundation: the Standing Rules of Engagement

U.S. forces operate from a baseline set by the Chairman of the Joint Chiefs of Staff: the Standing Rules of Engagement (SROE), first issued in 1994 and updated since. The SROE provide the default authorities and a structured way to adjust them for a given mission, so commanders are not starting from a blank page each time.

Who owns the rules, and who advises

Here the division of labor is clear and worth stating plainly. Developing ROE is an operations and plans staff function, guided by the commander, legal, policy, and other advisors support it, but they do not lead it. Judge advocates play a significant advisory role, yet the ultimate responsibility for the ROE lies with the commander. The lawyer’s job is to advise; the command’s job is to decide and own.

That structure matters because it keeps legal judgment in the room without turning the rules of engagement into a lawyer’s product.

What the review actually checks

The staff judge advocate’s contribution to an ROE review is substantive. The SJA helps the command determine whether the standing ROE are sufficient to accomplish the mission and, if not, which supplemental ROE measures are needed and why, drawing supplemental measures from the SROE’s menu or tailoring them, then requesting them from higher headquarters. The review tests that the ROE are lawful, adequate for the mission, and clear enough for forces to apply.

The constant: self-defense

One principle runs through every ROE discussion and cannot be bargained away: unit self-defense is always authorized. Commanders always have the authority and responsibility to use force as necessary in self-defense, and the SROE provide the considerations for doing so. A review may shape mission-specific authorities, but it never removes the inherent right of self-defense.

Suppose a unit deploys under a mission-specific supplemental rule of engagement: the attorney reviews how it modifies the standing rules while confirming that the right of unit self-defense remains intact throughout.

The bottom line is that supporting an ROE review is advisory craft: the judge advocate helps the command confirm the standing rules fit the mission, identify and justify any supplemental measures, and keep everything lawful and clear, while the commander retains ownership and the right of self-defense remains constant.

Frequently Asked Questions

What are rules of engagement?
Directives that define when and how military force may be used. The U.S. baseline is the Chairman’s Standing Rules of Engagement.

Does the lawyer or the commander write the rules of engagement?
The commander owns them, developed through an operations and plans staff function, with judge advocates advising rather than leading.

Can rules of engagement take away the right to self-defense?
No. Unit self-defense is always authorized, and commanders retain the authority and responsibility to use force in self-defense.

This article is general information about rules of engagement. It is not legal advice and does not create an attorney-client relationship. ROE are mission-specific and the governing doctrine can change. This article describes the framework in general terms only.

Sources

• <a href="https://www.jcs.mil/Portals/36/Documents/Doctrine/fp/authoritiesfp.pdf”>Joint Chiefs of Staff, Authorities (Joint Doctrine)
• U.S. Marine Corps, Law of War and Rules of Engagement
• <a href="https://www.doctrine.af.mil/Portals/61/documents/AFDP3-84/3-84-AFDP-LEGAL-SUPPORT.pdf”>Air Force Doctrine Publication 3-84, Legal Support

A deploying parent’s deepest worry is often not the mission but the fear of losing time with their child while they are away, or worse, having the deployment itself used against them in court. The law is built to prevent exactly that, and a military attorney’s role is to put those protections in place before departure. Two legal layers do most of the work.

Layer one: the SCRA pause

The Servicemembers Civil Relief Act protects a deployed parent from being railroaded in their absence. When military service materially affects the member’s ability to participate, a court must grant a stay of the proceedings, including custody proceedings. The SCRA also restricts default judgments against a member who has not appeared, requiring protective steps first.

The effect is straightforward: a custody case generally cannot simply proceed to a decision while a parent is unavailable because of service. The deployment buys protected time rather than costing the parent their standing.

Layer two: deployment-custody statutes

Many states have adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), finalized in 2012, which creates a framework so that deployment is managed rather than weaponized. Two features matter most:

• Temporary delegation. A deploying parent can grant caretaking or visitation authority to a nonparent who has a close, positive relationship with the child, preserving the child’s bonds during the absence.
• Protected visitation. A large number of states protect a deployed member’s visitation rights by allowing them to be delegated to another person rather than lost.

Underlying all of it is a principle the system increasingly enforces: a parent’s deployment, by itself, should not be treated as a strike against them.

Where the attorney fits

The protection works best when arranged in advance. A legal assistance attorney helps a deploying parent understand the SCRA stay, use any applicable deployment-custody statute, and set up a temporary delegation so the child is cared for and the parent’s bond and rights are preserved. For a contested custody matter, the attorney advises and points toward civilian family-law counsel for litigation.

When a deploying parent faces a custody hearing, the attorney can seek a stay and, where the law allows, use temporary delegation so a nonparent caregiver can act without the parent losing standing.

The reassuring takeaway is that the law does not force a parent to choose between serving and keeping their parental rights. Between the SCRA’s protections and deployment-custody statutes, a deploying parent who plans ahead can serve without surrendering their place in their child’s life.

Frequently Asked Questions

Can my deployment be used against me in a custody case?
The law works against that result. The SCRA can pause proceedings, and deployment-custody statutes are designed so deployment is managed rather than held against a parent.

Can a family member exercise my visitation while I am deployed?
In many states, yes. A number protect a deployed parent’s visitation by allowing it to be delegated to another person who has a close relationship with the child.

Does a court have to pause a custody case during a deployment?
Under the SCRA, a court must grant a stay when military service materially affects the member’s ability to participate in the proceedings.

This article is general information about parental rights and deployment. It is not legal advice and does not create an attorney-client relationship. Custody law is set by each state and these statutes are not adopted everywhere, and the rules can change. Service members should consult their legal assistance office well before a deployment.

Sources

• National Conference of State Legislatures, Military Parent Custody and Visitation
• Uniform Law Commission, Deployed Parents Custody and Visitation Act
• Military OneSource, Military Child Custody Considerations

A domestic violence victim in the military is not left to navigate alone; a dedicated support system surrounds them, and a military attorney’s role is partly to help a victim understand and use it. The most important early choices, how to report and how to stay safe, shape everything that follows, so knowing the system is the first form of support.

The hub: the Family Advocacy Program

Support centers on the Family Advocacy Program (FAP), which provides clinical and nonclinical services to respond to domestic abuse, with safety as its top priority. Within it, a domestic abuse victim advocate offers the front-line help: safety planning tailored to the victim’s situation, crisis intervention, information on legal rights and proceedings, and referrals to military and civilian shelters and resources.

That advocate is often the single most useful contact for a victim, and a military attorney frequently works alongside them.

The decision that shapes everything: how to report

A victim generally has two reporting options, and the difference is significant:

• A restricted report allows the victim to access services and support without triggering a command or law-enforcement investigation.
• An unrestricted report initiates command and law-enforcement involvement and an investigation.

Neither is automatically right; the choice depends on the victim’s safety, goals, and circumstances, which is exactly why understanding it before reporting matters so much.

The protections and benefits

Several tools back the victim up. A Military Protective Order can create distance from an abuser, and a victim is often advised to pair it with a civilian protective order for broader enforcement. For dependents, transitional compensation provides temporary financial support, commonly for a period of 12 to 36 months, when a service member is separated from the service for dependent abuse, a bridge that can be decisive for a spouse leaving an abusive situation. Specialized victim’s counsel may also be available in qualifying cases.

Where the attorney fits

Picture a spouse deciding whether to report abuse: the attorney explains the restricted and unrestricted reporting options and the safety-planning and transitional-compensation support available on the victim’s side.

A legal assistance attorney helps a victim understand the reporting choice, pursue protective orders, and access benefits like transitional compensation, and coordinates with the victim advocate and other resources. The key point is that the support system is real and layered, advocacy, safety planning, protective orders, financial bridges, and the attorney’s job is to help a victim use the right pieces in the right order, starting with the safety plan and the reporting decision.

Frequently Asked Questions

What is the difference between a restricted and an unrestricted report?
A restricted report gives access to services without triggering an investigation, while an unrestricted report initiates command and law-enforcement involvement.

What is transitional compensation?
Temporary financial support for dependent abuse victims, payable for a period commonly running 12 to 36 months, when the service member is separated for dependent abuse.

Who helps a victim build a safety plan?
A domestic abuse victim advocate through the Family Advocacy Program, who also provides crisis intervention and referrals to shelters and resources.

This article is general information about support for domestic violence victims in the military. It is not legal advice and does not create an attorney-client relationship. Programs and eligibility can change. Victims should contact a domestic abuse victim advocate and a legal assistance attorney, and call emergency services if in immediate danger.

Sources

• Military OneSource, Family Advocacy Program (FAP)
• Military OneSource, Transitional Compensation for Abuse Victims
• Military OneSource, Domestic Abuse Victim Advocate Locator

Aggressive debt collection crosses a legal line at a defined point, and a military attorney’s first job is to show a client where that line is. Collectors are allowed to pursue a debt, but they are not allowed to harass, and the federal law that draws the boundary also gives the consumer real remedies. Knowing the line turns a stressful situation into an enforceable one.

The line collectors cannot cross

The governing law is the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices. Specifically, a collector may not engage in conduct whose natural consequence is to harass, oppress, or abuse. Concrete examples the law prohibits include:

• Repeated or continuous phone calls intended to annoy, abuse, or harass.
• Obscene or profane language, and threats of violence or harm to person, reputation, or property.
• Falsely claiming to be an attorney, misrepresenting the amount of the debt, or threatening actions the collector cannot legally take or does not intend to take.

That list is the practical test: ordinary collection is lawful, but conduct designed to wear a person down through abuse is not.

The remedies that give it teeth

The FDCPA is not just a set of prohibitions; it comes with enforcement a consumer can use:

• Complaints can be filed with the CFPB and the FTC.
• A lawsuit can be brought in state or federal court, and it must be filed within one year of the violation.
• Even without proven damages, a court can award up to $1,000, plus reimbursement of attorney fees and court costs.

That fee-shifting and statutory-damages structure is what makes the law usable; a wronged consumer is not left to absorb the cost of enforcing their rights.

The military overlay

For a service member, the FDCPA stacks on top of the military-specific consumer protections, so an abusive collection can violate more than one law at once. A legal assistance attorney helps a member document the harassing conduct, dates, calls, recordings or notes, and identify which laws were broken, then advise on filing complaints or pursuing a claim.

Picture a collector making repeated late-night calls and false threats: those tactics violate the Fair Debt Collection Practices Act, and the member may complain to regulators or sue within a year.

The reassuring point is that debt-collection harassment is one of the more clearly defined wrongs in consumer law. The conduct that counts is spelled out, the remedies are concrete, and the one-year clock is the main thing to watch, so a member facing abusive collection should start documenting and seek advice rather than simply enduring it.

Frequently Asked Questions

What turns ordinary collection into illegal harassment?
Conduct whose natural effect is to harass, oppress, or abuse, such as repeated calls meant to annoy, obscene language, threats of violence, or falsely claiming to be an attorney.

Can I sue a debt collector who harassed me?
Yes. You can sue in state or federal court within one year, and a court can award up to $1,000 plus attorney fees even without proven damages.

Where do I report an abusive debt collector?
Complaints can be filed with the CFPB and the FTC, in addition to any lawsuit you choose to bring.

This article is general information about debt-collection harassment. It is not legal advice and does not create an attorney-client relationship. Consumer-protection rules can change and depend on the facts. Service members should consult their legal assistance office about their situation.

Sources

• CFPB, What is an unfair, deceptive, or abusive practice by a debt collector?
• Federal Trade Commission, Fair Debt Collection Practices Act (text)
• FTC Consumer Advice, Debt Collection FAQs