How Long Does a Military No-Contact Order Last?
When a member of the military is going through a tumultuous period in their personal life, such as a divorce, separation, or domestic violence situation, a no-contact order may be issued by a court or other authoritative body. A no-contact order, also known as a restraining order, prohibits the individual from having any contact with their former spouse, partner, or another specified person.
The Purpose of a No-Contact Order
The purpose of a no-contact order is to ensure the safety and well-being of the individual who has been affected by the abusive behavior. The order can help to protect the victim from further harassment, intimidation, or harm by prohibiting the perpetrator from making contact with them.
How Long Does a No-Contact Order Last?
The duration of a no-contact order can vary depending on the circumstances of the case and the specific laws of the jurisdiction. In general, a no-contact order can last for a specified period of time, such as:
Temporary or Emergency Order: This type of order can last from a few days to a few weeks and is intended to provide immediate protection for the victim until a permanent order can be issued.
Permanent Order: This type of order can last for an indefinite period of time and is usually issued after a court trial or hearing. The permanent order can be modified or lifted if circumstances change.
- Civilian Jurisdiction: In civilian jurisdiction, a no-contact order can last for 1 to 3 years, but it can be extended if necessary.
Military Jurisdiction
In military jurisdiction, the length of a no-contact order can be different. Here are some general guidelines:
Article 131 of the Uniform Code of Military Justice (UCMJ): This article states that a no-contact order can be issued for up to 1 year, but it can be extended for additional periods of up to 1 year if necessary.
Family Violence Protective Orders (FVPOs): These types of orders are issued in accordance with military regulations and can last for up to 1 year. However, they can be modified or lifted if circumstances change.
- State-Based Orders: Some states, such as Texas, issue no-contact orders that can last for up to 2 years. However, these orders are not automatic and require a court trial or hearing.
Extension or Modification of a No-Contact Order
If a no-contact order is issued, the individual may be able to request an extension or modification of the order if circumstances change. For example:
Modification: The individual may be able to request a modification of the order to allow for supervised contact, such as phone calls or visits, with the affected person.
Termination: If the no-contact order was issued based on false information or a mistake, the individual may be able to request the order be terminated.
- Extension: If the no-contact order is nearing its expiration date, the individual may be able to request an extension to allow for additional protection.
Consequences of Violating a No-Contact Order
Violating a no-contact order can have severe consequences, including:
Criminal Charges: Violating a no-contact order can lead to criminal charges, such as violating a restraining order or harassing the affected person.
Military Consequences: In military jurisdiction, violating a no-contact order can lead to administrative actions, such as being discharged from the military, or non-judicial punishment.
- Civil Liability: Violating a no-contact order can also lead to civil liability, such as being sued by the affected person for damages.
Conclusion
In conclusion, the length of a no-contact order can vary depending on the jurisdiction and circumstances of the case. Understanding the requirements and consequences of a no-contact order can help ensure the safety and well-being of the affected person.
Table: No-Contact Order Durations
| Jurisdiction | Length of No-Contact Order |
|---|---|
| Civilian Jurisdiction | 1 to 3 years |
| Military Jurisdiction (UCMJ) | Up to 1 year |
| Military Jurisdiction (FVPOs) | Up to 1 year |
| State-Based Orders (e.g. Texas) | Up to 2 years |
Timeline: No-Contact Order Process
- Initial Request: The affected person requests a no-contact order.
- Court Hearing: The court conducts a hearing to determine whether a no-contact order should be issued.
- Order Issued: The court issues a temporary or permanent no-contact order.
- Notification: The affected person and the perpetrator are notified of the order.
- Extension or Modification: The individual can request an extension or modification of the order if circumstances change.
Additional Resources
For more information on no-contact orders, you can visit the following resources:
- Military Family Law and Advocacy: A website providing information and resources on military family law, including no-contact orders.
- National Domestic Violence Hotline: A 24-hour hotline providing support and information for victims of domestic violence.
- Legal Assistance Offices: Local legal assistance offices providing information and assistance on no-contact orders.
