Is a Military Protective Order Enforceable Off Base?

A Military Protective Order (MPO) is an important tool used by the military to keep victims safe, especially when service members are involved in domestic abuse, harassment, or sexual assault. Given by a commanding officer, the MPO limits the accused service member’s actions so that they don’t come in contact with or interact with the victim. Is a Military Protective Order enforceable off base? This is an important question often asked.

What Is a Military Protective Order (MPO)?

An MPO is a written order from a military commander to protect a person who was abused or hurt by a service member. This order is only valid in the military and can only be given by military officers. When a service member is a danger to the victim’s safety or well-being because of domestic violence or sexual misconduct, an MPO is usually issued. The MPO could include a number of restrictions, such as:

• The service member and the victim cannot talk to each other.
• Limitations on physical proximity. For example, the service member can’t get too close to certain places, like the victim’s home or office.
• Temporary housing plans, especially if both people live in military barracks.
• Weapon release. The service member has to give up guns or other weapons they have.

The goal of these restrictions is to protect the victim right away while more investigations or legal processes are ongoing.

Enforcing MPOs On Base

MPOs must be followed to the letter on a military base. The superior officer who gives the MPO has the power to make sure the service member follows all the rules. The service member can be punished if they break any of the rules. When an MPO is broken on base, it is taken very seriously and can result in non-judicial punishments like fines, administrative separation, pay cuts, or even a court martial.

Can an MPO Be Enforced Off Base?

Civilian police departments off base cannot directly execute a Military Protective Order. While MPOs are legally binding in the military, they are not as strongly enforced when not on military sites. This means civilian police usually can’t do anything about violations of an MPO, like stopping the service member from calling the victim or following no-contact rules when the officer isn’t on base.

This doesn’t mean victims aren’t safe once they leave a military base. When it comes to off-base policing, there are a few other options available:

• Orders for Civil Protective Service (CPOs): If the victim needs security away from base, they can ask for a CPO through the regular court system. The civilian police can implement CPOs but not MPOs. They can also provide legal protections like restraining orders. A CPO can help an MPO by protecting the service member off base and making sure they are legally required to stay away from the victim no matter where they are.
• Concurrent orders. A victim may have both an MPO and a CPO in place at the same time. Of course, this keeps them safe both on and off base. The MPO sets the rules for encounters in the military, and the CPO brings those rules into civilian areas. With both orders in place, the victim is better protected.
• Respondence from civilian law enforcement: Civilian police cannot directly enforce an MPO, but they can take action if the service member breaks local or state laws by harassing or stalking someone. Civilian police can step in if a service member makes threats or breaks the law.

What Happens When an MPO Is Broken Off Base?

If a service member breaks an MPO while off base, there could be a few different outcomes depending on the specific details:

• Military consequences. Even if civilian police don’t have direct power to enforce the MPO, they can still inform military officials of the violation. The victim or their representative can tell the service member’s senior officer, who can punish the perpetrator.
• Civilian consequences. If the violation includes actions that are against local laws, like assault, harassment, or trespassing, civilian police can file charges under civilian law. In this case, the service member may face consequences with both the military and the civilian law.

FAQs

Q: What Is a Violation of the Military Protective Order?

A: When an accused service member breaks the terms of a Military Protective Order (MPO), like contacting the victim or visiting forbidden sites, it results in a breach of the order. It is considered a breach of Article 92 of the Uniform Code of Military Justice (UCMJ), which controls disobedience of legitimate commands. Violating an MPO can result in disciplinary sanctions, including fines, incarceration, or court-martial.

Q: What Regulation Covers Military Protective Orders?

A: The Department of Defense Instruction 6400.06, “Domestic Abuse Involving DoD Military and Certain Affiliated Personnel,” addresses military protective orders. The rules for issuing and enforcing MPOs are outlined in this regulation, together with information on when and how commanding officers should intervene to safeguard victims of harassment, domestic abuse, or other wrongdoing that occurs in a military setting.

Q: What Is an MPO in the Military?

A: In the military, a Military Protective Order (MPO) is an order issued by a commanding officer intended to shield a victim from possible injury from a service member. Usually employed in circumstances involving domestic violence, harassment, or sexual assault, it limits the contact and proximity the service member has to the victim. Until more legal or disciplinary action is taken, an MPO is meant to keep the victim safe inside military jurisdictions.

Q: What Is the Difference Between an MPO and an NCO?

A: A Military Protective Order (MPO) and a No Contact Order (NCO) differ primarily in their legal validity and areas of jurisdiction. An NCO is a criminal order issued by a civilian court. An MPO is a civil order issued within the military system by a military commanding officer. While an NCO is usually granted in response to allegations such as harassment or domestic abuse, an MPO can be issued without any criminal charges.

Contact Aaron Meyer Law

Understanding MPOs can be confusing. Aaron Meyer Law can help you understand the details regarding an MPO. Contact us today for more information.