Will a Restraining Order Affect Military Career?
The military is a demanding and challenging profession that requires individuals to be in top physical and mental shape. Military personnel are often deployed to remote and hazardous areas, and they must be prepared to face the unknown at a moment’s notice. However, with the increased awareness of domestic violence and sexual assault, the military has implemented measures to protect its personnel from harm. One such measure is the restraining order.
What is a Restraining Order?
A restraining order, also known as a protective order, is a court order that prohibits an individual from having any contact with another person. This can include verbal, physical, or emotional contact, and can also include electronic communication such as phone calls, texts, or emails. The order is typically issued by a court after a person has been accused of domestic violence, sexual assault, or stalking.
How Can a Restraining Order Affect a Military Career?
A restraining order can have significant consequences for a military career. Here are some ways in which a restraining order can affect a military career:
Commander’s Discretion
The military commander has the discretion to take disciplinary action against a service member who is subject to a restraining order. This can include reprimands, extra duties, or even court-martial. Commanders may view a restraining order as a sign of lack of trust or accountability, which can impact a service member’s career advancement opportunities.
Security Clearance
A restraining order can also impact a service member’s security clearance. A restraining order can be viewed as a security risk, as it may indicate a lack of trust or vulnerability to manipulation. This can lead to a downgrade in security clearance, which can limit a service member’s access to classified information and impact their ability to perform their duties.
Assignment and Deployment
A restraining order can also impact a service member’s assignment and deployment. Commanders may be hesitant to assign a service member with a restraining order to a position of trust or responsibility, as they may view the individual as a liability. This can lead to delays in deployment or assignment to non-combat roles.
Impact on Career Advancement
A restraining order can also impact a service member’s career advancement opportunities. Promotions and special assignments may be delayed or denied due to the restraining order. This can limit a service member’s opportunities for career advancement and impact their long-term career prospects.
Consequences for Dependents
A restraining order can also have consequences for a service member’s dependents. Dependents may be affected by the restraining order, as they may be forced to relocate or change their living arrangements. This can impact their education, employment, and overall well-being.
How to Overcome the Consequences of a Restraining Order
While a restraining order can have significant consequences for a military career, there are steps that service members can take to overcome these challenges:
Seek Legal Counsel
Service members who are subject to a restraining order should seek legal counsel to understand their rights and options. A lawyer can help service members navigate the legal system and advocate on their behalf.
Cooperate with Commanders
Service members should cooperate with their commanders and follow any orders or instructions provided. Commanders are more likely to view a service member as a team player if they are cooperative and follow orders.
Focus on Personal Development
Service members should focus on personal development and self-improvement. Participating in counseling, training, and education can help service members improve their skills and knowledge, which can impact their career advancement opportunities.
Table: Consequences of a Restraining Order on Military Career
| Consequence | Description |
|---|---|
| Commander’s Discretion | Commander may view restraining order as a sign of lack of trust or accountability |
| Security Clearance | Restraining order may be viewed as a security risk, leading to a downgrade in security clearance |
| Assignment and Deployment | Commander may be hesitant to assign service member with restraining order to position of trust or responsibility |
| Career Advancement | Promotions and special assignments may be delayed or denied due to restraining order |
| Consequences for Dependents | Dependents may be affected by restraining order, forced to relocate or change living arrangements |
Conclusion
A restraining order can have significant consequences for a military career. Service members who are subject to a restraining order should seek legal counsel, cooperate with commanders, and focus on personal development to overcome these challenges. By understanding the consequences of a restraining order and taking proactive steps, service members can minimize the impact on their career and continue to serve their country with pride and distinction.
Additional Resources
- Department of Defense Instruction 6400.01, "Protection of Victims of Domestic Violence and Stalking"
- Military Justice Handbook, "Restraining Orders and Protective Orders"
- National Domestic Violence Hotline, 1-800-799-7233
