Dayton Family Law And Criminal Defense Blog

Going through a divorce under any circumstances in difficult beyond words. But when your spouse tells you that they want to get divorced while they are on deployed in the military, it can be an overwhelming sensation. It is likely that you will feel powerless since you will not be able to speak to your spouse face-to-face in order to talk things through.

While you cannot fully control the situation, there are things that you can do in order to protect yourself before your divorcing spouse returns from deployment. Taking action on these steps will help to keep you busy and will likely help you stay calm during this time.

In the state of Ohio, a person can be charged with operating a vehicle under the influence (OVI) if they measure a blood alcohol concentration (BAC) of .08 percent or above. The BAC is usually measured when a person is pulled over on the side of the road by law enforcement officials and asked to perform a Breathalyzer test.

While the majority of Breathalyzer tests give an accurate representation of whether a person is over the legal limit and whether they are fit to safely drive a vehicle, there can be times when the BAC is misrepresented because of other factors. If you strongly believe that you were not under the influence of alcohol when you got charged with an OVI in the state of Ohio, you may want to consider taking action to appeal your charge.

If law enforcement officials have a reason to believe that you have drugs or drug paraphernalia in your home, they will likely want to enter your home to try to prove their suspicions. However, your home, apartment or room is your own private space, and law enforcement officers cannot enter unless you grant them explicit permission to do so or under very special circumstances.

Generally speaking, if law enforcement officials wish to enter your private property in order to gain evidence that you have committed a drug crime, they must first be in possession of a search warrant. A search warrant can only be obtained by the courts. A search warrant is needed to override what is stated in the Fourth Amendment, the assertion that it is the right of all people to be secure in their houses from unreasonable searches and seizures.

If you are a member of the military and you are considering filing for a divorce, it is important that you understand your rights and limitations before you proceed. Filing for a divorce as a member of the military in the state of Ohio is theoretically the same as filing for a divorce as a general citizen. However, there are some complexities that can occur in regard to the family's rights to military benefits after the divorce has been finalized.

One of these such complexities involves the subject of military ID cards. When a military person wants a family member such as their spouse to have a family member ID card, they must play the part of sponsor in the application. This leads many military personnel to believe that when the divorce is filed, they have the right to revoke the family member military ID card from the divorcing spouse. However, the situation is more complex than that.