How Do Military Protective Orders Work?

Military protective orders (MPSs) help the military protect service members and their dependents from harm, particularly in cases of domestic violence, harassment, or threats. These orders come from the commanding officers and function similarly to civilian restraining orders, but they operate only within the military justice system. Explore how military protective orders work, who they protect, and how they are enforced in Newport Beach and surrounding areas.

What Is a Military Protective Order?

An MPO is a legally binding order issued by a commanding officer to protect a service member or their family from harm. MPOs are used within the military chain of command and are usually only temporary, lasting until the commanding officer determines it is no longer necessary. These orders are reviewed periodically and may be extended if the threat remains. Once the MPO is lifted, the service member will no longer be under the restrictions.

Who Can Request a Military Protective Order?

MPOs can be requested by the following:

• Service members who feel threatened by another service member
• Military dependents, such as spouses, children, or other close family members, who are at risk of harm
• Law enforcement or victim advocates working on behalf of the victim

A commanding officer then assesses the situation and determines if issuing an MPO is the right course of action to protect the requesting individual. If you need to request the MPO, follow these steps:

• Report the threat to your chain of command, the military police, or the victim advocate for your situation.
• Seek legal advice from a military legal office for guidance on obtaining the MPO and your legal options.
• Document all incidents related to your claim, such as threats, abuse, or harassment, to further support your MPO request.
• Consider a civilian protective order if you need additional protection off-base.

How Military Protective Orders Are Issued

After you have put in your request for an MPO to the proper chain of command, the commanding officer begins gathering information from law enforcement, witnesses, and any other sources relevant to your case. If the commanding officer determines that there is a credible threat, they will issue the MPO. The service member subject to the order will be notified and given instructions for compliance.

Reasons for an MPO request generally center around domestic violence. Data from 2022 demonstrated that the number of military domestic abuse reports totaled 15,479. Of these reports, 68% involved physical violence.

Sexual harassment can be another reason for requesting an MPO. In fact, the Department of Defense reported that 24.7% of active duty women and 5.8% of active duty men reported incidents of sexual harassment in 2024.

Restrictions for a Military Protective Order

An MPO can include various restrictions. For instance, the subject of the MPO will not be able to contact the victim, either by phone, email, social media, or in person. The subject must also stay a certain distance away from the victim’s residence, workplace, or other designated area.

In some cases, the subject may be prohibited from possessing or using a firearm. The service member may also be ordered to move to a different barracks or separate housing from the victim requesting the MPO.

MPOs are enforced by military law enforcement. Consequences for violating restrictions can lead to disciplinary action, including court-martial, reduction in rank, loss of pay, or discharge from the military. While MPOs are only enforceable on military grounds, coordination with civilian law enforcement can add additional protection through a civilian restraining order.

FAQs

Q: How Do Military Protection Orders Work?

A: Military protective orders are issued by military commanders to protect service members or their dependents from threats, violence, and harassment. These unique military orders are enforced within military installations. Unlike a civilian protective order, a military protective order does not apply outside of military jurisdictions and cannot be enforced by civilian law.

Commanders can issue a military protective order based on stalking, domestic violence, or other reported threats.

Q: How Long Do Military Protective Orders Last?

A: Military protective orders remain in effect until they’re replaced, rescinded, or the issuing commander determines they are no longer needed. Civilian restraining orders do not always have expiration dates or require renewal through court proceedings, but military protective orders only last as long as the commanding officer deems appropriate.

If a long-term solution is necessary, the protected person can seek a civilian restraining order, which provides legal protection beyond the military installations.

Q: What Is the Difference Between a No Contact Order and a Military Protective Order?

A: A no-contact order is a civilian court-issued order that prevents an individual from communicating with or approaching another person, typically in cases of harassment or domestic violence. This order is enforced by civilian law enforcement. However, a military protective order is issued by a military commander and only applies in military jurisdictions. This protects service members and their dependents, but cannot be enforced by civilian law enforcement.

Q: How Effective Are Protective Orders?

A: Protective orders can be effective when properly enforced, as they provide a legal mechanism to prevent contact between an aggressor and a victim. They serve as a deterrent and allow law enforcement to take immediate action if violated. Their effectiveness depends on strict enforcement, compliance by the restrained person, and support systems for the protected individual.

In cases where an abuser disregards the order, additional safety measures, such as shelter services, security plans, or law enforcement intervention, may be necessary.

Contact a Military Criminal Defense Lawyer Today

If you need help navigating the legal complexities of a military protective order or understanding how military protective orders work, contact the team at Aaron Meyer Law. Our experienced military lawyers understand the complexities associated with military justice, and we’re dedicated to protecting your rights as a service member.

Whether you’re facing an MPO or need one for your own protection, having skilled legal representation is the key. The legal team at Aaron Meyer Law can guide you through the legal process, safeguarding your future. Call our Newport Place office today to discuss your case and take the first steps toward protecting your future and career.