What is a Military Protective Order?
A military protective order (MPO) is a legal document issued by a military court or judge to protect a victim of domestic violence, dating violence, or stalking from further harm or abuse. MPOs are designed to provide immediate protection and safety for the victim and their family.
What triggers the issuance of a Military Protective Order?
A military protective order can be issued in response to a complaint of domestic violence, dating violence, or stalking. Domestic violence is defined as violence committed by a current or former spouse, current or former intimate partner, or person with whom the victim has a child. Dating violence is defined as violence committed by a person with whom the victim has or had a romantic or intimate relationship. Stalking is defined as repeated and unwanted contact or harassment that causes the victim to fear for their safety.
What does a Military Protective Order cover?
A military protective order can cover a range of activities, including:
- Restraining the abuser from contacting or communicating with the victim (e.g., by phone, email, or in person)
- Restraining the abuser from going near the victim’s home, work, or school
- Restraining the abuser from engaging in any other behavior that poses a threat to the victim’s safety
- Requiring the abuser to surrender any firearms or weapons
- Requiring the abuser to participate in counseling or treatment
How does a Military Protective Order differ from a civilian restraining order?
While both military protective orders and civilian restraining orders are designed to protect victims of domestic violence and stalking, there are some key differences:
- Jurisdiction: Military protective orders are issued by military courts, while civilian restraining orders are issued by state or federal courts.
- Scope: Military protective orders can be issued against military personnel, their spouses, and other individuals with a military connection, while civilian restraining orders can be issued against anyone, regardless of their connection to the military.
- Enforcement: Military protective orders are enforced by military law enforcement and may be accompanied by military court proceedings, while civilian restraining orders are enforced by local law enforcement and may be accompanied by civil court proceedings.
What are the consequences of violating a Military Protective Order?
Violating a military protective order can have serious consequences, including:
- Mandatory separation from the military
- Loss of security clearance
- Criminal charges
- Fine or imprisonment
How can a victim obtain a Military Protective Order?
To obtain a military protective order, a victim can:
- Contact their local military installation’s law enforcement agency
- File a complaint with the military court or judge
- Seek assistance from a victim advocate or legal aid organization
Table: Military Protective Order Process
| Step | Description |
|---|---|
| 1 | Victim contacts local military installation’s law enforcement agency |
| 2 | Victim files a complaint with the military court or judge |
| 3 | Military court or judge issues a temporary protective order |
| 4 | Abuser is served with the protective order |
| 5 | Abuser is required to comply with the terms of the protective order |
| 6 | Victim can request a full hearing to determine whether the protective order should be extended or modified |
Conclusion
A military protective order is a powerful tool for protecting victims of domestic violence, dating violence, and stalking from further harm or abuse. By understanding the process and consequences of a military protective order, victims can take steps to ensure their safety and well-being. It is important for victims to seek assistance from a victim advocate or legal aid organization to navigate the process and ensure their rights are protected.
