Can You Fight a Military Protective Order?

Active duty military personnel are held to the highest behavior and conduct. This includes minor offenses as well as serious offenses like domestic violence. However, if a former spouse or intimate partner has a protective order against you claiming domestic violence, you may be wondering: Can you fight a military protective order?

At Aaron Meyer Law, we have extensive experience helping members of the armed forces fight non-judicial cases against them. There are too many people, whether commanding officers or even loved ones, who take advantage of the strict conduct orders placed upon military personnel. Aaron Meyer will aggressively advocate for you, whether you want to fight a military protective order (MPO) or fight unjust Uniform Code of Military Justice (UCMJ) charges.

Military Protective Orders in California Explained

A military protective order or MPO, under 10 U.S. Code 1567, is a legal tool restricting an accused active duty military personnel from contacting or engaging with a domestic violence victim, also known as a protected person. Unlike civilians, where the court issues protective orders, a commanding officer issues the MPO, which may protect spouses, former spouses, shared children, and their loved ones.

MPOs have three primary purposes: to quell a disturbance, to protect victims, and to provide for a “cooling off” period while the victim can obtain a civilian protective order (CPO) through the court. Violating an MPO is an offense under the UCMJ Manual for Courts-Martial.

California has more military bases than any other state, and while there is no specific information on how many MPOs have been issued, the number of gun violence restraining orders (GVROs) increased by 118% from 2020-2023. Other forms of protective orders, including CPOs, have increased as well. Moreover, under 10 USC 1567a, MPOs must be reported to civilian law enforcement to increase awareness.

Circumstances Surrounding Military Protective Orders

There are many circumstances in which a military protective order may be placed against someone. A commanding officer may issue an MPO for the following situations:

• If the service member has been accused of domestic violence
• If the service member has been accused of child abuse
• If the service member has been accused of sexual assault
• If the service member has been accused of stalking
• To ensure the safety of family members who may be at risk

Enforcement of Military Protective Orders in CA

Article 92 of the UCMJ, which is Failure to Obey Order of Regulation, outlines penalties for service members who violate a protection order. The penalties for violating Article 92 can range from minor to severe, and may include:

• Non-judicial consequences such as verbal reprimands and extra duty time
• Any of the three court-martial proceedings
• An administrative separation from their duties
• Pay forfeiture
• Fines
• Confinement
• Dishonorable discharge

Fighting a Military Protective Order

Having an MPO issued against you can serve as a stain on your reputation in the military and can also be incredibly stressful. This is especially true if you believe the MPO was issued unjustly. If you are falsely accused of domestic violence, stalking, child abuse, or sexual assault, you can fight an MPO.

The first step for fighting an MPO is to collect as much evidence as you can. Valid forms of evidence include witness testimony, court documents if the matter was also handled in civilian court, and correspondence, such as emails, voice calls, and text messages. You want to gather any evidence that proves the MPO is unjustified and that your rights to see your children and spouse are being abused.

The next thing you should do is contact a qualified and experienced military defense lawyer. Your lawyer can sort through your evidence and determine what provides the likelihood of winning your case. Additionally, your lawyer may help you Request Mast or file an Article 138 complaint, which is a form soldiers use to make grievances against their commanders.

FAQs

Q: How Do You Break a Protective Order?

A: The way to break a protective order is to continue communicating with or contacting the person, usually a spouse or ex-spouse, who requested the MPO in the first place. Breaking an MPO is in violation of UCMJ law, so there will be consequences. However, you can fight your protective order by hiring a skilled lawyer who knows the military justice system and who can advocate for you every step of the way.

Q: Who Can Issue a Military Protective Order?

A: Unlike a civilian protective order, which must be administered by a judge through the court system, an MPO is issued by a commanding officer (CO) who has authority or command over an accused person. Typically, the victim or protected person requests the order. However, with MPOs, the CO does not have to wait for a request to issue an MPO.

Q: How Long Does an MPO last?

A: The time frame that an MPO lasts depends on the discretion of the commanding officer (CO). Most MPOs are short-term but can be extended. The purpose of MPOs is largely to maintain order and discipline and to protect the protected person. Sometimes, an MPO is issued to allow for a “cooling off” period while the victim pursues a Civil Protection Order.

Q: What If I Violated an MPO?

A: An MPO is a legal document, so if you violate it, you are subject to disciplinary action. MPO violations are covered under the UCMJ, which are the laws that govern the military. Therefore, if you violate an MPO, your case can be tried by a court-martial, and you could serve time in confinement, have a pay reduction, pay fines, and even be dishonorably discharged.

Contact Aaron Meyer Law Today

While there are valid cases of domestic violence involving military personnel, too often, MPOs are unjustly issued, changing an officer’s life forever. Do not let this happen to you. You deserve to fight an MPO if you believe you are being unfairly accused. At Aaron Meyer Law, we are staunch advocates for the men and women who spend their lives protecting this country. Contact us today to learn more about how we can help you with your case.