What does a military protective order mean?

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. It doesn’t matter if you are a service member or a civilian.

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.

What is a protective order and how does it work?

What is a safety order? A safety order is an instruction from the court which stops the violent person (the respondent) from committing further violence or threats of violence. The respondent does not have to leave the home.

How do you get a military protective order?

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.

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Do military protective orders expire?

How Long do Military Protective Orders Last? MPOs are generally short-term and can be as short as ten days. They can also be indefinite, depending on the circumstances and needs of the requesting party.

What happens if you get a restraining order in the military?

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 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.

Can a protection order be dropped?

When an order of protection starts, it is possible to drop it based on certain circumstances, but the judge or another judge will still need to evaluate the situation. … There is usually sufficient evidence given to the judge so he or she may ensure the safety of the individual.

Can I contact someone I have an order of protection against?

You can contact the abuser you have an Order of Protection against. The order only forbids actions by the abuser. It does not forbid your actions. However, such contacts may result in unintended consequences.

Can you be in the army with a restraining order?

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.

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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 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.

How long does a no contact order last in Virginia?

An EPO lasts for 72 hours or until the next session of court, whichever is later. The date and time the EPO ends can be found on the order.

Who can issue a MPO?

You, a victim advocate, an installation law enforcement agency, or Family Advocacy Program (FAP) clinician could be the one to ask the commander to issue an MPO. An MPO is only enforceable on the military base or installation and only while the service member is attached to the command that issued the order.

What is family advocacy?

The Family Advocacy Program, or FAP, is the Department of Defense program designated to address domestic abuse, child abuse and neglect, and problematic sexual behavior in children and youth. … Prevent abuse. Encourage early identification and prompt reporting. Promote victim safety and empowerment.