Dealing with protective orders within military justice systems requires thorough knowledge, as military protective orders (MPOs) are crucial for protecting service members and their families. A unit commander issues MPOs as short-term directives for service members to limit contact with particular individuals when domestic violence, sexual assault, or child abuse allegations exist. This article highlights the process of MPO issuance, its enforcement methods, and its effects.

What is a Military Protective Order?

A Military Protective Order (MPO) is a written directive that a commanding officer issues to protect victims from domestic violence, sexual assault, stalking, and other related crimes that military personnel commit. The order prohibits the service member from contacting the protected individual as part of its directive to protect their safety.

Military Protective Orders (MPOs) are the military version of personal protective orders (PPOs) that function like civilian PPOs yet remain limited to the military justice system. The main goals of MPOs encompass protection against further abuse, maintenance of military discipline, and victim support for accessing civilian protective measures.

Military law enforcement agencies enforce MPOs strictly within the jurisdiction of the issuing command; therefore, if a service member transfers to a different command, a new MPO must be issued to maintain its validity.

Military Protective Order Process

MPOs function as tools for military leaders to establish particular conditions on service members freedom when investigating domestic violence or child abuse cases on military bases. The issuance of MPOs happens without a formal hearing to determine the validity of the request. Through this method, commanders can protect victims and preserve order swiftly.

Who Can Request an MPO?

Various individuals, military personnel, and other entities within the military structure could ask for MPO issuance. These also include the following:

  • Alleged Victim: Individuals who suffer from abuse or threats may approach authorities directly to request protection.
  • Law Enforcement: Military police and investigative agencies can request MPOs when they uncover situations that need immediate intervention to prevent additional harm.
  • Family Advocacy Program (FAP) Clinician: FAP Clinicians who work in the Family Advocacy Program can issue MPO recommendations to protect victims when they detect abuse risks.
  • Victim's Advocate: Obtaining an MPO becomes smoother when victims work with advocates who specialize in supporting survivors.

Several accessible channels exist to activate protective measures because the military protects its personnel.

Mandates of an MPO

Through an MPO, the service member receives authorized limitations that protect the safety of the protected individual. These limitations include:

  • Removal from Base Housing: A service member must leave their base housing if authorities order them to prevent contact with the protected individual.
  • Restricted Base Access: Base access restrictions include limitations that control which areas the service member can enter.
  • Prohibited Communication: The service member must abstain from direct or indirect communication with the protected person.
  • Distance Maintenance: The service member must maintain a specified minimum distance from the protected individual.
  • Weapon Surrender: The individual must give up all weapons they possess according to the order.

Military commanders need reasonable evidence that court-martial-level offenses occurred before issuing MPOs. The process of issuing MPOs through allegations alone creates uncertainty about the legitimacy of such directives. The need for prompt protective measures requires proper consideration of fairness for all parties involved.

Military Protective Order vs. Personal Protective Order

The difference between MPOs and PPOs needs to be understood by those who need protective measures inside and outside military boundaries. The protective mechanisms between MPOs and PPOs differ substantially regarding their implementation procedures and resulting consequences.

Jurisdiction

The military authorities issue MPOs through military law, which protects active-duty service members together with selected family members when applicable. These orders maintain their validity only within military bases. The issuance of PPOs follows state law, which makes them applicable to civilian populations. The orders extend their authority from military bases to civilian areas, thus ensuring enhanced safety for all persons.

Duration

Short-term protection measures serve as MPOs because they deliver fast security. The commanding officer either ends these orders or replaces them with new ones. Service members assigned to different commands will need a fresh order from their new command because existing MPOs lose their validity. 

The duration of PPOs depends on both state laws and case-specific factors because they can be issued as either short-term or long-term protections. A temporary PPO lasts either for a specified time or until the court hearing takes place, whereas a permanent PPO extends its protection for multiple years or extends indefinitely.

Enforcement

MPOs and PPOs have distinct procedures for their implementation. Military police, together with base security forces, execute MPOs through military law enforcement powers that operate mostly within military bases. 

Off-base enforcement of MPOs falls outside the jurisdiction of civilian law enforcement agencies. PPOs receive enforcement from civilian law enforcement agencies that maintain jurisdiction across different areas, including military bases. 

PPOs maintain their legal enforcement power across all locations, which means that breaking them results in immediate consequences.

Violation Consequences

Military personnel who break MPOs will face disciplinary procedures through the Uniform Code of Military Justice, which may include non-judicial punishment, court-martial, administrative actions, or discharge from service. The military treats these violations as disobedience to official orders because they recognize these infractions as serious violations of military regulations. 

Civilian authorities handle PPO violations through the legal system, which can result in various penalties, including criminal charges, fines, probation, and imprisonment, based on both state laws and the severity of the offense.

Grounds for an MPO

The MPO process requires that certain conditions be met before issuing an order to ensure effective victim protection.

Qualifying Relationship

Military Protective Orders are usually issued to parties who have a substantial relationship with each other. This includes:

  • Spouses or Ex-Spouses: Current or former marital partners.
  • Intimate Partners: These consist of people who have resided together or developed a romantic bond.
  • Shared Parenthood: People who have conceived a child together fall under the category of shared parenthood regardless of whether they are married.

The court gives special attention to these relationships because close relationships tend to have higher risks of abuse and harm.

Evidence of Abuse

The MPO process requires valid evidence showing abusive conduct that manifests through the following signs:

  • Physical Abuse: Physical abuse manifests as wounds or physical injuries.
  • Threats of Violence: This includes both verbal and written expressions of violent intent.
  • Emotional or Psychological Abuse: Mental abuse occurs through manipulative actions and intimidating conduct that causes emotional distress. 
  • Harassment or Stalking: The repeated unwanted pursuit of a person through attention or contact creates distress, which constitutes harassment or stalking.

Such evidence proves the need for protective measures that will safeguard victims from harm.

Imminent Danger

A military protective order becomes likelier when the victim faces an urgent safety risk. The immediate nature of this risk requires fast action to stop any potential physical injuries or abusive behavior from intensifying.

Military Affiliation

MPOs serve the military environment but remain valid when these conditions apply:

  • The Accused is a Service Member: The accused person holds an active duty role in the military forces at the time of seeking an MPO.
  • The Victim is a Service Member or Dependent: The protected individual belongs to either the military service or lives with a dependent family member, such as a spouse or child, who resides on a military base.
  • The affiliation between the military and civilian authorities provides the military with the necessary enforcement powers to effectively enforce protective orders.

Common Situations Warranting an MPO

The military issues MPOs predominantly in the following circumstances:

  • Domestic Violence: Physical or emotional abuse within intimate relationships.
  • Sexual Assault: Sexual assault is defined as any act or attempt of non-consensual sexual contact.
  • Stalking: Stalking refers to a pattern of unwanted attention that makes the victim feel scared or worried.
  • Harassment: The victim experiences distress or alarm when someone repeats specific behaviors that constitute harassment.

 Multiple risk factors occurring together make it necessary to issue an MPO.

Duration of an MPO

MPOs are normally issued for a short period between 14 and 30 days. The orders can be extended through continuous assessments of the situation. The MPO serves as a temporary protective measure, but law enforcement may issue either a domestic violence protective order, a civilian protective order, or a PPO as more permanent protective solutions based on specific circumstances and jurisdictional considerations.

MPO Violations

The military justice system treats violations of MPOs with great severity. The reporting process for such violations utilizes DA Form 3967, which populates information into both COPS and NCIC systems. The violation of an MPO results in comparable disciplinary consequences as disobeying direct orders through Uniform Code of Military Justice (UCMJ) procedures.

UCMJ Article 92 (Failure to Obey)

Under UCMJ Article 92, the failure to obey a lawful order will produce severe consequences. A conviction under this law requires four essential components: the order must be lawful, and the accused must have understood it together with a mandatory obligation to follow it and evidence showing non-compliance. The penalties for violating an MPO through Article 92 can range from monetary fines to loss of pay and allowances to imprisonment to non-judicial punishments and court-martial proceedings and finally to dishonorable discharge from military service. The intensity of disciplinary measures mirrors the seriousness of an offense together with its consequences on military community safety and order.

DD Form 2873 Distribution

The distribution of DD Form 2873 serves as a vital process to make Military Protective Orders (MPOs) enforceable by notifying all necessary parties. The signed MPO needs to be distributed to specific groups, which include both the service member and the protected person, along with these entities:

  • Service Member: The service member who faces MPO restrictions needs to receive a copy because a full understanding of imposed obligations and restrictions is essential.
  • Protected Person: The protected individual should receive the order to understand the safety measures that protect them.
  • Installation Law Enforcement Agency (LEA): A copy of the MPO needs to be sent to the Law Enforcement Agency that operates at the installation. The Local Enforcement Agency must send the MPO to the National Crime Information Center (NCIC) database through its legal requirement under Section 1567 of Title 10, U.S.C. The submission process makes MPOs enforceable throughout different jurisdictions.
  • Family Advocacy Program (FAP) Representative: The FAP representative requires notification to ensure proper support services engage with the protected person for their required assistance.
  • Servicing Legal Office: The servicing legal office receives a copy of the MPO, which ensures proper documentation in service members' official records and appropriate legal management of all implications.

MPOs function as internal military orders yet require civilian law enforcement collaboration whenever protected people live off-base or possess existing Civilian Protective Orders (CPOs). Whenever the MPO requires involvement from civilian authorities, the commander needs to inform the relevant civilian authorities to achieve complete victim protection.

Military vs. Civilian Restraining Orders

Military service members face professional consequences when they obtain civilian protective orders or civilian restraining orders. The knowledge of these orders' implications and processes must be clear to all service members.

While MPOs are issued and enforced within the specific framework of military law, applying solely to service members and their families, civilian restraining orders operate under state law and apply to the general public.

For example, firearm restrictions and enforcement protocols may differ significantly between the two systems, with civilian orders carrying consequences that can impact military careers differently.

Impact on Military Careers

  • Firearm Restrictions: The possession of firearms becomes forbidden under a restraining order because this restriction directly affects military roles, which depend on firearm use. The restriction makes personnel unfit for deployment and can result in their discharge unless they can be reassigned.
  • Career Advancement: The presence of a restraining order creates barriers that prevent military personnel from advancing their careers, even if firearm restrictions do not apply.

This summary highlights the key contrasts in jurisdiction, enforcement, and potential impacts on personal and professional lives.

Find a Restraining Order Law Firm Near Me

The legal procedures for military protective orders (MPOs) need in-depth comprehension when dealing with military and civilian service. Obtaining or facing an MPO leads to significant impacts that extend to personal security, professional development, and general health outcomes.

These situations need legal guidance and constant support to proceed successfully. When facing an MPO matter either for yourself or someone close to you, do not attempt to handle it without legal assistance.

At Goldman Flores Restraining Order Law Firm, we deliver specialized legal services that focus on the particular needs of military protective order proceedings. Our restraining order lawyers in California dedicate themselves to protecting your rights and assisting you through each stage of your legal case. Contact us at 213-341-4087 to schedule your consultation.