Can You Join the Military With a Protective Order?

The United States military has strict moral standards, and all applicants are thoroughly vetted. As part of the process, you will be interviewed and required to disclose all arrests, charges, and convictions, including juvenile offenses, traffic violations, probation, and more. This review will also search for protective orders issued against you. Potential recruits may ask, “Can you join the military with a protective order?”

What Is a Protective Order?

A protective order, also called a restraining order, is issued by civilian courts. It is meant to protect someone from harm or harassment. 34.9% of women and 31.1% of men in California have reported intimate partner violence in their lives, and each of these potential victims could have a protective order issued against their alleged abuser. The order typically prohibits the alleged abuser from contacting or coming near the alleged victim.

Protective orders can be temporary or permanent. A temporary protective order (TPO) is issued quickly after a petition, and it only lasts for a brief period of time, usually a few weeks. A full hearing takes place, and the civilian courts will decide whether a permanent protective order will be issued after reviewing evidence.

It is important to note that protective orders are civil, not criminal, but they come from cases such as domestic violence, stalking, or harassment. Military criminal defense laws may still apply in these situations.

The Military’s Stance on Protective Orders

The U.S. military has a zero-tolerance policy for domestic violence and harassment. This is not just about protecting service members and their families; it also maintains good order and discipline.

When you apply to join the military, you must undergo a thorough background check. Military officials will look for any criminal history, civil court records, and other information that might make you unsuitable for service. A protective order, even a civil or temporary one, will show up.

In addition to its stance on protective orders, the Gun Control Act of 1968 and the Lautenberg Amendment will apply. This law makes it illegal for anyone with a permanent protective order against them to possess a firearm. Since most members of the military are required to handle firearms, a permanent protective order effectively makes you ineligible for military service.

The Importance of Full Disclosure

When you fill out your application and speak with a recruiter, you must be completely honest about any legal issues. Lying or withholding information may be grounds for permanent disqualification from all military service. The military will find out, and the consequences of lying are far worse than disqualification. If you lie to recruiters, you could be charged with a crime, as lying on a government form is a federal offense.

Offenses or Other Behaviors That Could Be Waived

Even if you have a protective order or other charge on your record, this does not mean an automatic disqualification. The military may require a waiver if you have certain offenses on your record, including:

• Minor traffic offenses (if you have six or more convictions with fines of $250 or more per offense)
• Minor non-traffic offenses (if you have four or more convictions)
• Two to four misdemeanor convictions
• Any felony
• Four or more total convictions from a combination of minor non-traffic and misdemeanor offenses

If you have pending or past criminal charges that you are worried may affect your future, you should hire a military criminal defense lawyer. They can look at your criminal record and explain how it could impact your potential military career.

FAQs

Q: Can a Protective Order Disqualify Me From Joining the Military?

A: Yes, if you have a protective order against you, it may impact your ability to join the military. There is a strict moral and legal standard for enlisting in the armed forces. Having an order against you may indicate a history of misconduct, so it may be disqualifying. Also, a protective order may restrict you from possessing firearms. Since many roles in the military require the use of weapons, you would become ineligible.

Q: What Is a Waiver, and Do I Need One?

A: A waiver is an official request to allow you to join the service, even if you may have a disqualifying factor, such as a protective order or another criminal charge. Waivers are granted on a case-by-case basis, so it will depend on your situation whether you will need one. Discussing your situation with a military criminal defense attorney or a recruiter may let you know whether you need a waiver.

Q: What Should I Do If I Have a Protective Order and Want to Join the Military?

A: An applicant with a protective order must disclose it to their recruiter. Additionally, they must provide all the relevant court documents and information. Then, depending on the specifics of the order (the nature of the allegations, the duration, and whether it was contested), you may need to get a waiver. The military will evaluate each case individually to determine whether you are eligible for service or not.

Q: What If the Protective Order Is Vacated or Expires?

A: If a protective order is vacated or expires, you could enlist. However, the military will still review the underlying circumstances surrounding the order. You will still need to provide all court documents showing that the order was dismissed, along with an explanation about the situation. Having a vacated order does not automatically clear your name; it just removes all legal prohibitions.

Q: Can a Restraining Order Get You Kicked Out of the Military?

A: Yes, a restraining order can lead to a military discharge, but it is not automatic. A civilian or military protective order may lead to disciplinary action under the UCMJ, and commanding officers will decide whether a discharge will be part of the disciplinary action. If the order restricts you from possessing firearms and you are then unable to perform your duties, you could face an administrative separation or dishonorable discharge.

Hire a Military Criminal Defense Lawyer to Address Past or Present Military Criminal Defense Cases

If you are concerned about how a protective order might affect your military career, you do not need to handle this complex issue by yourself. The decisions you make now can have a lasting impact on your future. Contact the team at Aaron Meyer Law to discuss your situation. We can provide the guidance you need to protect your future in the armed forces.