Military Protective Orders
Military Criminal Defense Attorney
A Military Protective Order (MPO) is a short-term order issued by a unit commander against an active duty service member under his or her command. There is no hearing involved in the process. Generally, an MPO is supposed to be issued upon the request of a victim or victim’s advocate. The reality is that MPOs are highly abused by commanders.
The law permits commanders to issue MPOs under 10 US Code § 1567(a). They are often issued by a commander for the unstated purpose of protecting the commander against backlash in domestic abuse cases – though officials would never admit that. Violations of MPOs can be charged as violations of orders under Article 90, UCMJ.
Have you been issued a military protective order? Call (757) 401-6365 or contact online for a free consultation to see how we can help!
MILTARY PROTECTIVE ORDER VS NO CONTACT ORDER: WHAT’S THE DIFFERENCE?
A military protective order (MPO) and a no-contact order (NCO) are legal orders that serve different purposes from the highest level of the Board for Correction of Military Records.
A military protective order is a type of restraining order issued by the military that is designed to protect military service members and their families from harm. An MPO can be issued by a military commander to restrict the actions of an individual who poses a threat to the safety and well-being of a service member or their family.
On the other hand, a no contact order is a legal order issued by a court that prohibits an individual from having any contact with another person, usually the victim of a crime. A no contact order is often issued in cases involving domestic violence, harassment, or stalking. Violating a no contact order can result in criminal charges and potentially jail time.
In summary, an MPO is a military-specific order that is designed to protect military personnel and their families from harm, while a no contact order is a court-issued order that prohibits an individual from having contact with another person, typically the victim of a crime.
HOW MPOS ARE ISSUED
Protective orders can be issued verbally or in writing. The orders are most commonly in writing on a DD Form 2873. The Department of Defense Instruction on the matter, and the DD Form 2873, clearly state that the MPO is intended to:
- Safeguard victims;
- Quell disturbances; and,
- Maintain good order and discipline while victims have time to pursue protection orders through civilian courts.
Protective orders are often indefinite – which can cause all sorts of problems for a service member.
They will order a service member to maintain a certain distance from an alleged victim and prohibit communications either directly or through a third party. Lawyers, however, in our capacity as legal representatives can always communicate as appropriate.
