What regulation covers military protective orders?

§ 635.19 Protection Orders. (a) A DD Form 2873, Military Protective Order (MPO) is a written lawful order issued by a commander that orders a Soldier to avoid contact with those persons identified in the order.

What army regulation covers military protective orders?

§ 635.19 Protection Orders.

(a) A DD Form 2873, Military Protec- tive Order (MPO) is a written lawful order issued by a commander that or- ders a Soldier to avoid contact with those persons identified in the order.

What is military protective order?

A military protective order (MPO) is a tool that can be used by command to help keep you and/or your children safe if you have experienced domestic violence or child abuse by a service member.

What is the difference between a military protective order and a no contact order?

(1) Safeguard an alleged victim; (2) Quell a disturbance; or (3) Ensure the safety of any person. … While MPOs also preserve good order and discipline, no-contact orders permit a commander to address a wider sweep of concerns than those solely associated with safety.

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Who signs a military protective order?

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?

Can you fight a military protective order?

The Uniform Code of Military Justice provides all members of the military to request redress if they believe they have been wronged by their commanding officer. Simply put, you have the right to demand an appeal of a Military Protective Order if you do not believe it is necessary or right.

How long can a military no contact order last?

MPOs are generally short-term and can last as little as ten days, but can be longer, if needed. An MPO is generally issued initially for the period of time that it will take the Family Advocacy Program (FAP) to gather details for the commander about the abuse and the relevant history involving you and the abuser.

Will a restraining order affect military career?

Having a civil protection order issued by a civil court against the alleged abuser is not grounds for military discharge. … But, if the alleged abuser is convicted of a “misdemeanor crime of domestic violence,” it may impact the length of their service and ability to re-enlist.

Is adultery a crime under the UCMJ?

Article 134 of the Uniform Code of Military Justice makes criminal the act of adultery when certain legal criteria, known as “elements,” have all been met. … The first two elements of adultery under the UCMJ are fairly straightforward and shouldn’t require further explanation.

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Can I join the Army with a restraining order?

Having a civil restraining order against you will not result in military discharge. However, if you are convicted of a domestic violence crime and prohibited from carrying firearms and ammunition, you will be unable to fulfill your duties in combat or training exercises.

Is a military protection order enforceable by civilian authorities off post?

No. Civilian courts and law enforcement do not have the power to enforce military protection orders. You should report service members’ violations of civilian and military protection orders to base command or military police.

What happens if you violate a MPO?

If a service member violates the MPO, the threatened party can call the police (911 if off the installation, or call military police if they are on the installation). While the police are not able to enforce the MPO, they can arrest a person for any crime that is committed.

How do I get an MPO?

You can file to request an MPO against an active duty member of the military who you believe has harmed you or your children and who is:

  1. your spouse or ex-spouse;
  2. your current or former intimate partner if you live(d) together; or.
  3. someone with whom you have a child in common.

What is an Article 138 complaint?

An Article 138 complaint is a process by which you can attempt to remedy a wrong committed against you by your commanding officer. … Generally, an Article 138 complaint can be used any time you feel a commanding officer has committed a wrong against you.

Can I sue my commanding officer?

Under Article 138 of the UCMJ, “any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer” may request redress. If such redress is refused, a complaint may be made, and a superior officer must “examine into the complaint.”

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What does a military police officer do?

As a Military Police, you’ll protect peoples’ lives and property on Army installations by enforcing military laws and regulations. You’ll also control traffic, prevent crime, and respond to all emergencies. You’ll conduct force protection, anti-terrorism, area security, and police intelligence operations.