How long does a military protective order last?

How Long Does a Military Protective Order Last?

A military protective order (MPO) is a court-issued document that is designed to protect an individual from harassment, stalking, or physical harm by a service member, veteran, or family member. But how long does a military protective order last? In this article, we will explore the typical duration of a military protective order and the factors that can affect its expiration date.

Typical Duration of a Military Protective Order

A military protective order can last anywhere from 1 year to 3 years, depending on the circumstances of the case. In most cases, an MPO is valid for 1 year from the date of issuance. However, the court can extend or modify the order at any time. The court will typically re-evaluate the situation after the initial 1-year period and decide whether to extend the order or grant a new one.

Here are some general guidelines on the typical duration of a military protective order:

• Initial Order: Typically valid for 1 year
• Extension: Can be extended for 1-3 years depending on the circumstances
• Modification: Can be modified to change the scope or duration of the order

Factors That Can Affect the Expiration Date

Several factors can affect the expiration date of a military protective order, including:

• Level of Risk: If the respondent (the individual who is subject to the order) poses a high level of risk to the petitioner (the individual who filed the petition), the court may extend the order for a longer period.
• Violations of the Order: If the respondent violates the terms of the order, the court may extend or modify the order to increase the level of protection.
• Changing Circumstances: If the circumstances that led to the issuance of the order change, the court may modify or terminate the order.
• Petitioner’s Request: The petitioner can request an extension or modification of the order if they feel that the respondent still poses a threat.

What Happens After the MPO Expires

When a military protective order expires, it is up to the court to determine whether to extend or terminate the order. Here are some possible outcomes:

• Termination: If the court determines that the respondent no longer poses a threat, the order will be terminated.
• Extension: If the court determines that the respondent still poses a threat, the order will be extended for a specified period.
• Modification: If the court determines that the circumstances have changed, the order may be modified to increase or decrease the level of protection.

Consequences of Violating a Military Protective Order

Violating a military protective order can result in serious consequences, including:

• Criminal Charges: Violating an MPO can result in criminal charges, including a misdemeanor or felony charge, depending on the circumstances.
• Penalties: Penalties can include fines, imprisonment, or a combination of both.
• Civil Liability: Violating an MPO can also result in civil liability, including damages or injuries to the petitioner.

Conclusion

A military protective order is a serious legal document that is designed to protect an individual from harassment, stalking, or physical harm. The duration of a military protective order can vary depending on the circumstances of the case, but typically lasts for 1 year to 3 years. Several factors can affect the expiration date, including the level of risk, violations of the order, changing circumstances, and the petitioner’s request. It is important to understand the consequences of violating an MPO, including criminal charges, penalties, and civil liability. If you are subject to a military protective order or are seeking protection from an individual, it is essential to seek legal advice to understand your rights and obligations.

Table: Summary of Military Protective Order Durations

Bullets List: Factors That Can Affect the Expiration Date of an MPO

• Level of Risk: The level of risk posed by the respondent
• Violations of the Order: Violations of the terms of the order
• Changing Circumstances: Changes in the circumstances that led to the issuance of the order
• Petitioner’s Request: The petitioner’s request to extend or modify the order