Can you fight a military protective order?

Unlike civilian protective orders, which require an adversarial hearing for the protective order to remain in effect beyond a period of days, there is no hearing and very few avenues to fight a baseless and unnecessary Military Protective Orders, especially without a skilled attorney.

What happens if you break a military protective order?

What happens is a Military Protective Order is Violated? Violations of MPOs can be charged under Article 90 of the Uniform Code of Military Justice. … If a service member violates the MPO, the threatened party can call the police (911 if off the installation, or call military police if they are on the installation).

How long do military protection orders last?

How long does an MPO last? MPOs are generally short-term and can last as little as ten days, but can be longer, if needed.

What is a military protective order?

A military protective order (MPO) is a tool that can be used by command to help keep you and/or your children safe if you have experienced domestic violence or child abuse by a service member.

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Who signs a military protective order?

They are often issued by a commander for the unstated purpose of protecting the commander against backlash in domestic abuse cases – though officials would never admit that. Violations of MPOs can be charged as violations of orders under Article 90, UCMJ. Have you been issued a military protective order?

Is adultery a crime under the UCMJ?

Article 134 of the Uniform Code of Military Justice makes criminal the act of adultery when certain legal criteria, known as “elements,” have all been met. … The first two elements of adultery under the UCMJ are fairly straightforward and shouldn’t require further explanation.

What is the difference between a military protective order and a no contact order?

(1) Safeguard an alleged victim; (2) Quell a disturbance; or (3) Ensure the safety of any person. … While MPOs also preserve good order and discipline, no-contact orders permit a commander to address a wider sweep of concerns than those solely associated with safety.

What regulation covers military protective orders?

§ 635.19 Protection Orders. (a) A DD Form 2873, Military Protective Order (MPO) is a written lawful order issued by a commander that orders a Soldier to avoid contact with those persons identified in the order.

Will a restraining order affect military career?

Having a civil protection order issued by a civil court against the alleged abuser is not grounds for military discharge. … But, if the alleged abuser is convicted of a “misdemeanor crime of domestic violence,” it may impact the length of their service and ability to re-enlist.

What is an Article 138 complaint?

An Article 138 complaint is a process by which you can attempt to remedy a wrong committed against you by your commanding officer. … Generally, an Article 138 complaint can be used any time you feel a commanding officer has committed a wrong against you.

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Is a military protection order enforceable by civilian authorities off post?

No. Civilian courts and law enforcement do not have the power to enforce military protection orders. You should report service members’ violations of civilian and military protection orders to base command or military police.

Can I sue my commanding officer?

Under Article 138 of the UCMJ, “any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer” may request redress. If such redress is refused, a complaint may be made, and a superior officer must “examine into the complaint.”

What does a military police officer do?

As a Military Police, you’ll protect peoples’ lives and property on Army installations by enforcing military laws and regulations. You’ll also control traffic, prevent crime, and respond to all emergencies. You’ll conduct force protection, anti-terrorism, area security, and police intelligence operations.