Not a lot of wiggle room for kidding around with today’s topic, folks. Military protective orders (MPOs) combine two mighty sectors of our society, the military and law. Whether you are on the receiving end or need to have an MPO drafted against a spouse, it is a serious matter. Here is what you should know.
What is an MPO?
We are legal authorities, but we think you will feel better if we quote other legal authorities. Cornell Law School’s Legal Information Institute (LII) tells us an MPO is “a written lawful order issued by a commander that orders a Soldier to avoid contact with those persons identified in the order. MPOs may be used to facilitate a “cooling-off” period following domestic violence and sexual assault incidents, to include incidents involving children.”
It has the same weight and bearing in the military as an order to report for KP or to ship out to Shemya Island’s radar installation.
An MPO also has the same legal weight in Virginia as any court order issued by a judge in Circuit Court or Juvenile & Domestic Relations Court. It is not really a double whammy, but you may feel it is if you receive one. It brings your family’s private business out into the open and displays it for scrutiny to your commanding officer.
Who Can Request an Military Protective Order?
An MPO is only issued by a servicemember’s commander, but it can be requested of the commander by the victim, an advocate on behalf of the victim, installation law enforcement agency, or Family Advocacy Program (FAP) clinician.
If you feel you are a victim of domestic abuse and your wife is a servicemember, you can request an MPO from her commander. You can do the same on behalf of your children.
How Long Does an MPO Last?
Unfortunately, under 10 U.S. Code § 1567, an MPO “issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement order.”
The bar for providing sufficient cause for an MPO is, to many legal scholars, lower than the requirement for either a civilian Temporary Restraining Order or Permanent Restraining/Protective Order. This means an MPO can be issued against you as a “precaution” while your domestic violence or child abuse charge is investigated. That means you may be deprived of your children or your home (on base or off) while the MPO is in effect.
What Kind of Evidence is Needed?
A commanding officer can issue an MPO upon request by one of the interested parties if the officer hears or sees facts supporting such a move. The key aspect in the commander’s decision-making must be an immediate threat to the alleged victim by the servicemember. This does not mean a trial, hearing, or court martial; minimal evidence could give the commander sufficient cause to issue the MPO to pre-empt violence.
The commanding officer has a stronger case if Item 4 of DD Form 2873 contains evidence of any civilian action against you, for any one of these:
- A civilian protection order
- A civilian property settlement
- An order for child custody or visitation
Why Me? DD Form 2873
If you are on the receiving end of DD Form 2873, you may wonder why you were singled out. What did you do to either your spouse or children to get an MPO?
The MPO has a section, Item 2, for the protected person’s information, but with this caveat:
NOTE: Omit information in Item 2 that, if known to the service member in Item 1, could endanger the protected person.
If your wife has left your marital home in an attempt to hide from you, that Item 2 may not include her address or contact information. Item 3 contains the evidence used by your commander as grounds for the MPO. The MPO could be either to prevent communication or physical contact with the “protected person.” For contact, the MPO will state the distance you are to keep between you and the protected person. If you are ordered to vacate military housing used by the protected person, you will be provided with other housing on base.
Signing Off on an MPO
You cannot receive the MPO without signing it; that is, it cannot be issued in secret to allow you to unknowingly violate it. Do not refuse to sign it, even if you do not agree with its claims. Once you sign it, see your own civilian attorney handling your military divorce.
Contact the Military Divorce Lawyers for Men
You are under no obligation to receive legal support or information from the Judge Advocate General’s (JAG) staff. You can seek private counsel to contend with an MPO. Your attorney can push back against indefinite times or extended MPOs, an MPO that forcably separates you from your children without recourse, or a lack of “imminent danger” that compels the order in the first place.
By calling 757-383-9184 you can speak to a Virginia family law attorney at The Firm For Men. You may also contact our offices online. The important thing is to contact us, because we can help with military family law as well as civilian matters.
