What Is the Purpose of a Military Protective Order?

A Military Protective Order (MPO) is a legal tool used in the military court system to keep people safe from harm, especially when there is a history of sexual assault or domestic violence. What is the purpose of a military protective order? MPOs are mostly used to protect victims by limiting the accused service member’s ability to get in touch with the protected person.

An MPO attempts to stop more harm from happening while investigations or court cases are going on. This is typically used as a short-term solution.

What Is a Military Protective Order?

The person in charge of a military member gives them an MPO, which can be written down or spoken. The order is meant to protect the victim from further harm from the accused, mostly in cases of domestic violence or sexual misconduct.

Protective orders for civilians are made by courts. Military protective orders, on the other hand, can only be made by officers higher up in the military. They are valid as long as the service member is under the command of the officer who gave them.

A form is typically used to record an MPO. This paper outlines the specific rules the accused service member must follow. These rules may include not being able to talk to the victim or going to certain places. MPOs are pretty simple to get. The victim or their representative should talk to the service member’s commanding officer, who will decide if there is enough reason to give the order.

Why Someone May Need an MPO

People who may be in danger of being hurt by a service member can get instant protection from an MPO. One of the most advantageous things about it is that it can be issued fast and does not have to go through a long court process. The military structure ensures those in charge can act quickly in dangerous scenarios because only a commanding officer can give the order.

MPOs also give victims a legal way to stop the accused from acting immorally, illegally, or in retaliation. This can help victims feel safe and give them official recognition of their situation.

This kind of order can make sure that no-contact rules are followed. The accused service member may be forced to leave military housing or hand over their guns. Additionally, MPOs may require forced counseling or other forms of punishment to stop more problems from happening.

What Does an MPO Do?

Because each case is different, each MPO is made to fit the needs of the victim. There are several important conditions that could happen:

• No communication. The accused service member is not allowed to talk to the victim in any way, including in person, over the phone, through emails, texts, or letters. This rule makes it less likely that someone will abuse or threaten you.
• Keep their distance. The service member may be told to stay away from certain places, like the victim’s home, workplace, or places where family members often hang out. This puts a physical wall between the alleged perpetrator and the victim.
• Leave military housing. If both of the people involved live in military housing, the accused service member may have to leave the housing to protect the victim.
• Requirements for therapy. The MPO may require the accused to go to therapy, especially if there is domestic violence or emotional abuse involved.
• Giving up weapons. Sometimes, the charged service member may be told to give up any weapons they have. This lowers the risk of violence even more.

Should I Get an MPO?

Whether you should ask for an MPO rests on how safe you are and what kind of threat there is. An MPO can protect you right away by reducing contact with you and setting limits if you feel threatened by a service member because of domestic violence, harassment, or other illegal behavior.

In the military, an MPO gives you formal protection for your safety, even if criminal charges haven’t been brought yet. It’s a quick and temporary way to stop things from getting worse. If you need more formal help, you could also get a civilian protective order.

FAQs

Q: Can You Fight a Military Protective Order?

A: If a service member doesn’t agree with a Military Protective Order (MPO), they can appeal to their commanding officer or ask for a review by a higher military official. Any service member who thinks the order is unfair or unnecessary can present evidence to back their claim. Military leaders are the only ones who can change or cancel the MPO, and they usually do so to keep people safe.

Q: What Happens If You Break a Military Protective Order?

A: An individual who violates an MPO may be subject to a variety of consequences, including but not limited to fines, lost pay, administrative separation, jail time, non-judicial punishment, or even a court-martial. The nature of the offense and the severity of the offense both have a role in determining the degree of punishment.

Q: How Long Will a Military Protection Order Stay in Effect?

A: An MPO is in force until it is revoked or replaced by a new order from the commanding officer. Depending on the situation, the length of time can be anywhere from a few days to indefinitely. If the commanding officer is moved, the new officer needs to make a new MPO so that the old one is still legal. Most of the time, the order is valid as long as the service member is under the boss’s direction.

Q: What Does MPO Mean in Legal Terms?

A: In legal terms, a Military Protective Order (MPO) is a formal order from a military commanding officer. Its job is to protect someone who has been abused, harassed, or hurt by preventing the accused service member from engaging with or talking to them. Even though civilian police can’t implement MPOs, they are required by military law and are meant to keep people safe in military areas.

Contact Aaron Meyer Law

If you are in need of more information regarding MPOs, Aaron Meyer Law can help. Contact us today for more information.