What Is the Difference Between a No-Contact Order and a Military Protective Order?

In cases involving military justice, a commanding officer’s authority is meant to maintain good order, discipline, and the safety of service members and their families. Two of the most common legal tools commanders can use in response to misconduct are the military no-contact order (NCO) and the military protective order (MPO). Anyone who is facing either of these orders may be asking, “What is the difference between a no-contact order and a military protective order?”

The Military No-Contact Order (NCO)

An NCO is issued by a commander to a subordinate. Its primary purpose is to separate individuals after their actions:

• Have created problems within the unit.
• Are interfering with an ongoing investigation.
• Are simply disrupting the order.

It is a type of “cool off” method.

NCOs are used in a wide array of situations that do not always involve criminal actions. An example may be if a commander has decided to issue an NCO to prevent contact between two service members who are not getting along, and their interactions are becoming heated. Another example may be separating individuals who were both witnesses in a criminal investigation so they do not influence each other’s testimonies.

An NCO will have a specific timeline for how long it will be in place, but it can be reviewed and renewed by the commanding officer as needed.

The Military Protective Order (MPO)

An MPO is more formal and used in more serious situations. This type of order is designed to protect individuals from harm, such as in cases of domestic violence, sexual assault, child abuse, or intimate partner violence. Sexual assault and harassment are among the highest reported crimes among U.S. military personnel, with 8,195 reports in 2024.

How MPOs Are Issued

After a service member has been accused of a crime, their commanding officer may issue the MPO. The commanding officer will determine whether the order is necessary based on the evidence of the case. If they deny the request, they must document the reason for the refusal. An MPO can be issued verbally, but most are issued in writing.

Unlike NCOs, MPOs do not have a set expiration date. They will remain in effect indefinitely or until they are officially modified or rescinded by a commanding officer.

The Terms of an MPO

When an MPO is issued, it can impose certain restrictions on the accused service member, including:

• Preventing communication between the accused and the protected person(s) in any way, including face-to-face, phone, email, online, writing, or text messages
• Setting a certain distance the accused must keep away from the alleged victims and their families
• Potentially requiring the accused to move out of military housing (The military may provide temporary lodging during this time.)
• Requiring the accused to attend and complete mandatory counseling
• Forcing the surrender of any firearms or other weapons
• Any other prohibitions or requirements that the commanding officer feels are necessary

Violating an NCO or MPO

If you violate an NCO or an MPO, you may be facing serious consequences. These orders are put in place by military commanders to maintain order and protect others from harm. They are not just suggestions; they are legally binding directives. Violating these orders can result in charges under UCMJ Article 92. This can mean administrative actions or criminal punishment, such as:

• Confinement
• Forfeiture of pay
• Dishonorable discharge
• Fines
• Reduction of rank
• Administrative separation

A conviction can severely damage your career, even potentially ending it, as well as causing long-lasting effects on your personal and professional lives. If you’ve been accused of violating an NCO or MPO, you need to hire a military criminal defense lawyer. At Aaron Meyer Law, we understand how serious your situation may be. We can use the military criminal defense laws to navigate the situation, and our team can guide you through the complex military justice system.

FAQs

Q: What Is a Military Protective Order?

A: A military protective order (MPO) is an order issued by a military commander to protect a person from a service member. These are used in situations of domestic abuse, harassment, sexual assault, or similar criminal offenses. They can restrict a service member’s communication and physical contact with a protected person. MPOs are enforceable by the military but not by civilian authorities.

Q: How Long Does an MPO Last?

A: An MPO does not have a fixed duration, so it will remain in effect until the commanding officer who issued it decides to terminate it, modify it, or replace it with a new one. The commander will likely review the order periodically and make decisions from there. Conversely, an NCO does have a specified timeline but can be renewed as needed.

Q: Can a No-Contact Order or an MPO Be Modified or Lifted?

A: Yes, an NCO or MPO can be modified or lifted. The decision of when or if to do so is on the commanding officer who issued the orders, or it could be a new commander if the previous one has left their position. The commander’s decision is based on a review of the situation, and they will likely consult support staff before making a final decision.

Q: What Happens If a No-Contact Order or an MPO Is Violated?

A: Violating an MPO or NCO is a serious offense under the UCMJ. It is considered a failure to obey a lawful order, so it will lead to disciplinary actions, like:

• A reduction in rank or loss of pay
• Confinement
• A dishonorable discharge
• Fines

The consequences you may face after a violation will be up to the commander’s discretion.

Hire a Military Criminal Defense Lawyer for Military Criminal Defense Cases

For service members who are facing an MPO or NCO, it is beneficial to understand both lawful commands and their differences. Both orders can have a significant impact on your career and personal life, so if you find yourself given an MPO or NCO, you should seek legal counsel. A qualified military criminal defense attorney can provide you with the support you need. They can explain your rights and the legal implications of the order. Contact the team at Aaron Meyer Law for strong advocacy regarding your case.