Who Issues Military Protective Orders?

It is essential for the military to have Military Protective Orders, often known as MPOs, in order to protect service personnel and their families from dangers such as sexual assault, abuse, and harassment. The purpose of these orders, which function similarly to citizen restraining orders, is to protect individuals by restricting the involvement of the accused service member in any interaction with the victim. A good question to ask is, who issues military protective orders?

Understanding who can issue MPOs, how they operate, and what they cover is of utmost significance for victims looking for security and service members traversing the military judicial system.

What Is a Military Protective Order (MPO)?

A military protective order (MPO) is an official order in the military issued to safeguard a person, typically in circumstances including sexual misbehavior, harassment, or domestic abuse. There are restrictions placed on the accused service member’s freedoms as a result of the order.

These restrictions include the inability to communicate with or see the victim, maintaining a safe distance, and even being forced out of shared military housing. The military is the sole organization that makes use of MPOs, and their primary purpose is to ensure the safety of victims while investigations and subsequent legal proceedings are taking place.

Although the primary objective of an MPO is to safeguard the safety and well-being of the victim, it is also utilized to maintain order and discipline within military units. In accordance with military law, the violation of an MPO constitutes a serious offense that may result in disciplinary action.

Who Issues a Military Protective Order?

An MPO can only be given by a commanding officer in the military. In contrast to private protection orders, which are often issued by a judge or court, this is a significant difference from orders outside of the military. The individual granting the MPO is usually the service member’s commanding officer. For the purpose of protecting the victim, this officer possesses the legal authority to impose restrictions on the behavior of the service member.

There are a lot of considerations that go into the issuance of an MPO, including the gravity of the allegations and the degree of protection the victim requires or is requesting. An MPO may be issued by a superior officer even before the accused has been formally charged or convicted of the offense.

As an alternative, the order may be issued as a precautionary step if there is substantial evidence or a valid reason to believe the service member poses a threat.

Duties of the Commanding Officer

It is vital for commanding officers to maintain order within their respective units, and one of the responsibilities they have is to issue MPOs whenever necessary. If a commanding officer is made aware of allegations of domestic violence, harassment, or any other kind of misconduct, they are obligated to investigate the situation and determine whether an MPO is required.

Legal professionals, advocates for victims, or members of the military police force may be consulted as part of this process. The commanding officer is the one who ultimately makes the decision. The commanding officers are primarily responsible for decisions about the rules that govern the MPO. They can alter the order to accommodate the particulars of the case.

For instance, they may state that the service member and the victim are not permitted to communicate with one another in any way, that the service member is required to avoid traveling to particular locations, or that they are required to attend treatment or engage in some other activity.

Other Consequences

If the victim and the accused reside in the same military barracks, the commanding officer may instruct the accused to leave the residence to ensure the victim’s safety. It is also possible that the service member will be required to hand over any firearms or other weapons they have to their supervising officer as part of the MPO.

FAQs

Q: What Regulation Covers Military Protective Orders?

A: The Department of Defense Instruction (DoDI) 6400 covers Military Protective Orders (MPOs). This controls the management of domestic abuse involving military personnel and related persons. It describes the policies and guidelines for issuing MPOs, guaranteeing victim protection, and preserving order in the military unit. It offers rules for commanding officials handling military domestic violence, harassment, and sexual misbehavior.

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

A: A Military Protective Order (MPO) and a No Contact Order (NCO) differ mostly in their authority. An MPO has a military application and is issued by a commanding military officer. Enforceable by civilian law enforcement, a No Contact Order is issued by a civilian court. While NCOs frequently result from criminal allegations like assault or harassment, MPOs are preventive and civil in character.

Q: What Happens If Someone Violates An MPO?

A: Violating a Military Protective Order (MPO) is a serious act. The service member may face disciplinary action, such as penalties, loss of pay, administrative separation, or court martial. An infraction is defined as a failure to obey a legitimate instruction. Depending on the circumstances, the offense may result in imprisonment, dishonorable discharge, and other legal repercussions under the military court system.

Q: What Happens If You Break a Military No Contact Order?

A: Breaking a military no contact order (NCO) can have serious implications. The service member may face non-judicial punishment, administrative separation, or, in severe situations, court martial. Penalties may include loss of rank, pay deductions, incarceration, and dishonorable discharge. Violating a military NCO is considered disobedience to a direct order, with harsh consequences for the accused.

Contact Aaron Meyer Law

Understanding MPOs can be difficult, but Aaron Meyer Law can help you fully comprehend the specific details regarding your unique situation. We have helped several service members understand their rights and legal options related to MPOs.

Contact us today to speak with a member of our experienced legal team. With the help of our legal team, you will be better positioned to successfully navigate the nuances of military protective orders and how they may affect you.