A Comprehensive Guide on Military Protective Order

A Military Protective Order (MPO) is a legal directive issued by a military commander to protect victims of abuse, typically within military families. MPOs are designed to ensure the safety of the victim, maintain order and discipline within the military, and provide the victim with time to seek additional legal protection through civilian courts.

Military Protective Order Vs. No Contact Order

A Military Protective Order (MPO) is specific to military personnel and is issued by a unit commander without the need for a formal hearing. It focuses on preventing harm within military settings and is enforceable only on military installations.

A No Contact Order (NCO), on the other hand, can apply to both military and civilian contexts. It usually requires a legal process and is enforceable both within and outside military installations. NCOs are more formal and typically issued by a court, making them applicable across different jurisdictions.

Who Can Request Or Issue A Military Protective Order?

A Military Protective Order (MPO) is designed to protect military family members who are victims of domestic abuse or violence. Various parties can request an MPO to ensure the safety and well-being of the victim.

Who Can Request an MPO?

1. The Victim: Military family members who have experienced domestic abuse or violence can directly request an MPO from the unit commander of the service member involved.
2. Victim Advocate or Law Enforcement Officer: These individuals can request an MPO on behalf of the victim. This is particularly common in cases where the victim is a child or is otherwise unable to request protection themselves.
3. Family Advocacy Program (FAP) Clinician: FAP clinicians, who work within the military to address family-related issues, can also request an MPO. They often intervene in situations involving domestic or child abuse.

Who Can Issue an MPO? A Military Protective Order is issued by the unit commander of the service member who is alleged to have committed the abuse or violence. The commanding officer has the authority to issue the MPO based on an assessment of the situation and the need for protective measures.

How Military Protective Orders Are Issued

The issuance of a Military Protective Order (MPO) is a structured process that ensures the safety of the victim while maintaining the necessary military discipline. Here’s how it works:

1. Request for an MPO:
   • The process begins with a request for an MPO. This request can come from the victim, a victim advocate, a law enforcement officer, or a Family Advocacy Program (FAP) clinician.
   • The request details the need for protection and provides information about the abusive situation. This information helps the commander understand the severity and urgency of the situation.
2. Evaluation by the Unit Commander:
   • Upon receiving the request, the unit commander reviews the details of the case. This review includes any evidence of abuse, threat assessments, and statements from the victim and any witnesses.
   • The commander must determine if there is a credible threat to the safety of the victim. This assessment is crucial in deciding whether to issue an MPO.
3. Issuance of the MPO:
   • If the unit commander decides that an MPO is necessary, they will issue the order. The MPO includes specific terms and conditions aimed at protecting the victim. These terms may include:
     • No Communication: The service member is prohibited from contacting the victim in any form.
     • Keep Your Distance: The service member must maintain a certain distance from the victim, their residence, workplace, and other specified locations.
     • Vacate Military Residence: The service member may be required to move out of any shared living quarters.
     • Temporary Housing: Arrangements may be made for the victim to stay in temporary housing to ensure their safety.
     • Counseling: The service member might be ordered to attend counseling or rehabilitation programs.
     • Surrender Weapons: The service member may be required to surrender any weapons they possess to prevent potential harm.
4. Communication and Enforcement:
   • Once issued, the MPO is communicated to the relevant parties, including the service member, the victim, and any supporting agencies or military police.
   • The MPO is enforceable within military installations, and violations of the MPO can lead to disciplinary actions against the service member.
5. Duration and Review:
   • The MPO remains in effect until it is modified or terminated by the commander. The duration of the MPO can vary based on the circumstances and ongoing assessments of the situation.
   • The commander may periodically review the MPO to determine if it needs to be extended, modified, or terminated based on changes in the situation.

This process ensures that Military Protective Orders are issued in a timely and effective manner, providing immediate protection to victims while upholding military order and discipline.

Terms And Conditions After Issuance Of Military Protective Orders

Once a Military Protective Order (MPO) is issued, it includes specific terms and conditions designed to protect the victim and maintain order. These terms vary depending on the situation but generally include the following:

No Communication

The service member is prohibited from contacting the victim in any form. This includes:

• Phone Calls: The service member cannot call the victim directly or through a third party.
• Text Messages: Sending text messages or any form of electronic communication to the victim is forbidden.
• Emails: The service member must not send emails or any other electronic messages to the victim.
• Social Media Interactions: Contact through social media platforms is prohibited.
• Third-Party Communications: The service member cannot use friends, family, or other intermediaries to communicate with the victim.

This term ensures that the victim is free from harassment, intimidation, and unwanted contact, providing a sense of safety and security.

Keep Your Distance

The service member must maintain a specified distance from the victim, which includes:

• Victim’s Residence: The service member is not allowed near the victim’s home.
• Victim’s Workplace: The service member must stay away from the victim’s place of employment.
• Children’s Schools or Daycare Centers: The service member must avoid schools or daycare centers attended by the victim’s children.
• Other Specified Locations: Any other locations specified in the MPO must be avoided by the service member.

This condition helps prevent any physical confrontations and ensures the victim can go about their daily life without fear.

Vacate Military Residence

The service member may be required to move out of any shared living quarters. This involves:

• Finding Alternative Housing: The service member must find another place to live, either on or off the base.
• Immediate Departure: The service member must leave the shared residence immediately upon issuance of the MPO.
• Restrictions on Returning: The service member is not allowed to return to the shared residence without explicit permission.

This term ensures that the victim has a safe and secure living environment without the presence of the abuser.

Stay In A Temporary Housing Facility

In some situations, arrangements may be made for the victim to stay in a temporary housing facility. This involves:

• Secure Location: Providing the victim with a safe place to stay temporarily.
• Support Services: Access to support services such as counseling and legal assistance.
• Confidential Address: Keeping the location of the temporary housing confidential to protect the victim.

This measure ensures the immediate safety of the victim while the situation is being addressed.

Attend Counseling

The service member might be ordered to attend counseling or rehabilitation programs, such as:

• Anger Management Classes: To help the service member learn how to manage anger and reduce aggressive behaviors.
• Substance Abuse Treatment: If substance abuse is a factor, the service member may be required to undergo treatment.
• Domestic Violence Education and Prevention Programs: Programs designed to educate the service member about the impact of domestic violence and how to prevent it.

Attending counseling helps address the underlying issues and reduces the risk of future incidents.

Surrender Weapons

To prevent potential harm, the service member may be required to surrender any weapons they possess. This includes:

• Firearms: Any guns or other firearms must be handed over to the authorities.
• Knives: Any knives or other sharp weapons must be surrendered.
• Other Dangerous Weapons: Any other items that could be used to inflict harm must be handed over.

Surrendering weapons reduces the risk of violence and ensures the safety of the victim and others involved.

Other Disciplinary Measures

Depending on the severity of the situation, additional disciplinary measures may be imposed on the service member, such as:

• Restriction to Barracks or Base: The service member may be restricted to certain areas to limit their movements.
• Loss of Privileges: The service member may lose certain privileges, such as access to recreational facilities.
• Additional Duties or Restrictions: The service member may be assigned additional duties or face other restrictions to reinforce the seriousness of the MPO.

These measures are put in place to ensure compliance with the MPO and to emphasize the importance of maintaining order and discipline within the military community.

The terms and conditions of an MPO are carefully tailored to each case to provide comprehensive protection for the victim and maintain the necessary order within the military environment.

Support And Resources Available

After a Military Protective Order (MPO) is issued, various support and resources are available to assist the victim and ensure their safety and well-being. These resources come from both military and civilian sectors, providing comprehensive support to address the victim’s needs.

Military and Civilian Support Services

Military Support Services:

• Family Advocacy Program (FAP): Provides support and resources to military families experiencing domestic abuse. FAP offers counseling, education, and intervention services.
• Victim Advocacy Program: Offers support to victims of domestic violence, including crisis intervention, safety planning, and assistance with navigating the military and civilian legal systems.
• Military Police: Ensure the enforcement of the MPO and provide immediate assistance in case of violations or threats.

Civilian Support Services:

• Local Domestic Violence Shelters: Provide safe housing, counseling, and support services to victims of domestic violence.
• Legal Aid Services: Offer legal assistance and representation to victims seeking protection orders or navigating the legal system.
• Crisis Hotlines: Provide immediate support and resources to victims in crisis, including information on shelters, legal aid, and counseling services.

Counseling and Advocacy Programs

Counseling Programs:

• Individual Counseling: Helps victims process their experiences and develop coping strategies. Available through both military and civilian providers.
• Group Counseling: Provides a supportive environment where victims can share their experiences and receive support from others in similar situations.
• Family Counseling: Assists families in addressing the impact of domestic violence and helps rebuild healthy family dynamics.

Advocacy Programs:

• Victim Advocates: Offer personalized support to victims, helping them navigate military and civilian systems, understand their rights, and access resources.
• Legal Advocacy: Provides assistance with legal matters, including obtaining protective orders, navigating court procedures, and understanding legal rights.
• Medical Advocacy: Ensures that victims receive appropriate medical care and support, including addressing physical and emotional injuries resulting from domestic violence.

Confidentiality and Reporting Options

Confidentiality:

• Restricted Reporting: Allows victims to report domestic abuse incidents confidentially to specific individuals such as victim advocates, FAP clinicians, or healthcare providers without triggering an official investigation. This option provides victims with support and services while maintaining confidentiality.
• Unrestricted Reporting: Allows victims to report incidents to law enforcement or their chain of command, initiating an official investigation and ensuring that the perpetrator is held accountable. This option provides comprehensive support but does not maintain confidentiality.

Reporting Options:

• Chain of Command: Victims can report incidents to their commanding officers, who can then take appropriate action, including issuing an MPO.
• Military Police: Victims can report incidents directly to military police, who will ensure the enforcement of the MPO and provide immediate assistance.
• Civilian Authorities: Victims can report incidents to local law enforcement agencies, which can provide additional protection and support.

These support and resource options ensure that victims of domestic abuse within the military have access to the necessary services and protections to ensure their safety and well-being. The combination of military and civilian resources provides a comprehensive support system to address the complex needs of victims and help them navigate their path to recovery.

Duration, Renewal, Modification, And Termination Of Military Protective Orders

Duration of Military Protective Orders A Military Protective Order (MPO) is typically issued for a specific period, depending on the circumstances of the case. The duration can vary, but common time frames include:

• Temporary MPOs: Often issued for short durations, such as 30 to 60 days, to provide immediate protection while a more permanent solution is considered.
• Extended MPOs: Can be issued for longer periods, such as six months to a year, depending on the ongoing risk and needs of the victim.

Renewal of Military Protective Orders An MPO can be renewed if the victim continues to need protection. The renewal process involves:

• Assessment of Risk: The unit commander will reassess the situation to determine if the threat to the victim still exists.
• Request for Renewal: The victim, victim advocate, or Family Advocacy Program (FAP) clinician can request the renewal of the MPO.
• Issuance of Renewal: If the commander determines that the MPO is still necessary, they will issue a renewed order, extending the protection for an additional period.

Modification of Military Protective Orders MPOs can be modified to better suit the needs of the victim or address changes in the situation. The modification process includes:

• Request for Modification: Either the victim or the service member can request changes to the terms of the MPO.
• Review by Commander: The unit commander will review the request and assess the current situation.
• Issuance of Modified Order: If the commander approves the changes, a modified MPO will be issued, detailing the new terms and conditions.

Termination of Military Protective Orders An MPO can be terminated if it is determined that the victim is no longer at risk. The termination process involves:

• Assessment of Safety: The unit commander will evaluate the current situation to ensure that the victim is no longer in danger.
• Request for Termination: Either the victim or the service member can request the termination of the MPO.
• Issuance of Termination: If the commander agrees that the MPO is no longer necessary, they will officially terminate the order.

Challenges And Considerations Surrounding Military Protective Orders

Challenges in Issuing and Enforcing MPOs

• Lack of Evidence: Sometimes, MPOs are issued with little to no evidence to support the abuse allegations. This can lead to challenges in justifying the order and ensuring it is enforced appropriately.
• Enforcement Difficulties: Enforcing MPOs on military installations can be challenging, especially if the service member does not comply with the order. Military police and commanders must work diligently to ensure compliance.
• Jurisdictional Issues: MPOs are only enforceable on military installations. If the service member or victim moves off-base, civilian protective orders may be needed for continued protection.

Considerations for Victims

• Safety and Security: Victims must prioritize their safety and work with victim advocates and commanders to ensure they are adequately protected.
• Access to Resources: Victims should utilize available support services, including counseling, legal aid, and advocacy programs, to navigate the complexities of the MPO process.
• Confidentiality: Victims should be aware of their reporting options (restricted vs. unrestricted) to choose the best path for their situation.

Considerations for Commanders

• Fairness and Objectivity: Commanders must balance the need to protect victims with the rights of the accused service member. This involves careful assessment and ensuring due process.
• Ongoing Support: Commanders should provide ongoing support to victims, including regular check-ins and adjustments to the MPO as needed.
• Training and Awareness: Commanders and military personnel must be trained on the importance of MPOs and the proper procedures for issuing, enforcing, and terminating them.

By understanding the duration, renewal, modification, and termination processes of MPOs, as well as the challenges and considerations involved, both victims and commanders can work together to ensure safety and maintain order within the military community.

Violations Of Military Protective Orders

Consequences of Violating an MPO Violating a Military Protective Order (MPO) is a serious offense and can result in significant consequences for the service member. The potential consequences include:

• Administrative Actions: The service member may face administrative actions such as reprimands, reduction in rank, loss of privileges, or other disciplinary measures.
• Non-Judicial Punishment (NJP): Under the Uniform Code of Military Justice (UCMJ), the service member may be subject to non-judicial punishment, which can include extra duties, restrictions, or fines.
• Court-Martial: In severe cases, or if the violation is part of a pattern of behavior, the service member may be court-martialed. A court-martial can lead to more severe penalties, including imprisonment and dishonorable discharge.
• Criminal Charges: If the violation involves criminal activity, such as assault or harassment, the service member may also face civilian criminal charges.

Reporting Violations Victims and witnesses of MPO violations should report the incident immediately to ensure swift action. The reporting process includes:

• Military Police: The victim or witnesses can report the violation to the military police, who will investigate and take necessary enforcement actions.
• Chain of Command: The violation can be reported to the service member’s chain of command, who will take appropriate disciplinary measures.
• Civilian Authorities: In cases where the violation occurs off-base or involves criminal activity, the incident can be reported to civilian law enforcement agencies.

Ensuring Compliance with MPOs Commanders and military police play a crucial role in ensuring compliance with MPOs. Measures to enforce MPOs include:

• Regular Monitoring: Commanders should regularly check in with the victim and monitor the service member’s compliance with the MPO terms.
• Immediate Response: Any reported violations should be addressed immediately to prevent further harm and reinforce the seriousness of the MPO.
• Education and Training: Regular training sessions for military personnel on the importance of MPOs and the consequences of violations can help prevent non-compliance.

Conclusion

Military Protective Orders (MPOs) are vital tools for ensuring the safety and well-being of victims of domestic abuse within the military community. Understanding the purpose, terms, and enforcement of MPOs is crucial for both victims and service members. Commanders play a key role in issuing, renewing, modifying, and terminating MPOs, while also ensuring compliance and addressing violations.

Victims have access to a range of support services, including counseling, advocacy programs, and legal aid, to help them navigate the complexities of domestic abuse and MPOs. By leveraging these resources and understanding their rights, victims can achieve the protection they need to move forward.

MPOs also highlight the military’s commitment to maintaining order, discipline, and a safe environment for all its members. Through careful implementation and enforcement of MPOs, the military can address domestic abuse effectively and support those affected, fostering a community of respect and security.

For anyone involved in an MPO, whether as a victim, service member, or commander, staying informed and proactive is essential to ensuring that these protective measures serve their intended purpose.

FAQs

What is a Military Protective Order (MPO)? A Military Protective Order (MPO) is a legal directive issued by a military commander to protect victims of abuse, typically within military families. It aims to ensure the safety of the victim, maintain order and discipline within the military, and provide the victim with time to seek additional legal protection through civilian courts.

How long does a Military Protective Order last? The duration of an MPO can vary, typically lasting from a few weeks to several months, depending on the circumstances. The order can be renewed if the victim continues to need protection.

Who can request a Military Protective Order? An MPO can be requested by the victim of domestic abuse or violence, a victim advocate, a law enforcement officer on behalf of the victim, or a Family Advocacy Program (FAP) clinician.

Who has the authority to issue a Military Protective Order? An MPO is issued by the unit commander of the service member involved. The commander assesses the situation and determines if the MPO is necessary to protect the victim and maintain discipline.

What happens if a Military Protective Order is violated? Violating an MPO can result in serious consequences for the service member, including administrative actions, non-judicial punishment (NJP), court-martial, and potential civilian criminal charges. Violations should be reported immediately to military police, the chain of command, or civilian authorities.

Can a Military Protective Order be modified? Yes, an MPO can be modified to better suit the needs of the victim or address changes in the situation. Either the victim or the service member can request modifications, which are reviewed and decided upon by the unit commander.

What support and resources are available for victims of domestic abuse in the military? Victims have access to various support services, including the Family Advocacy Program (FAP), victim advocacy programs, counseling services, and legal aid. These resources provide comprehensive support to help victims navigate the complexities of domestic abuse and MPOs.

Is the reporting of domestic abuse incidents confidential? Victims have the option of restricted reporting, which allows them to report incidents confidentially to specific individuals like victim advocates, FAP clinicians, or healthcare providers without triggering an official investigation. Unrestricted reporting involves notifying law enforcement or the chain of command, leading to an official investigation.

How can a Military Protective Order be terminated? An MPO can be terminated if it is determined that the victim is no longer at risk. The termination process involves an assessment of the current situation and a request for termination by either the victim or the service member. The unit commander makes the final decision.

What are the key differences between a Military Protective Order and a No Contact Order? An MPO is specific to military personnel and issued by a unit commander without a formal hearing, enforceable only on military installations. A No Contact Order (NCO) can apply to both military and civilian contexts, usually requires a legal process and is enforceable within and outside military installations.

These FAQs provide a concise overview of the most important aspects of Military Protective Orders, helping individuals understand their rights, responsibilities, and available resources.