How Do You Get a Military Protective Order Removed?

Military life can bring about unique challenges. Enlisted individuals are held to some of the highest standards when it comes to their personal behavior and conduct. This can include minor offenses and serious offenses alike, such as domestic violence. If a current or former partner succeeds in obtaining a military protective order, or MPO, against you, you may ask yourself: “How do you get a military protective order removed?” A military defense lawyer can help.

At Aaron Meyer Law, we are here to fight and will not back down until we have given your case and your quest for justice our all. As a former Marine Corps captain, attorney Aaron Meyer understands that the warriors placing themselves on the line for our protection every day are often in need of protection themselves. With a reputation for tenacity and results in the courtroom, Aaron Meyer Law has an undying loyalty to all who have served our country.

Defining a Military Protective Order

California is home to more military bases than any other state in America. Currently, there are nearly 30 major places of military operation in the Golden State, and the California Military Department oversees more than 23,000 airmen, soldiers, and state military reservists as part of the state’s National Guard. These men and women sacrifice their own freedoms in order to keep ours safe, but they also face a wide range of legal challenges and deserve fierce advocacy.

One of these unique legal challenges comes at the hands of an MPO or a military protective order. Under United States law, a military protective order is a legal tool used to restrict the individual named in the order from contacting or coming within a certain distance of the alleged victim or the individual who obtained the MPO, along with their families or their place of residence.

An MPO works to ensure the safety of the victim and eliminate any chances of future abuse, harm, or criminal acts that could take place within the relationship of the two involved parties. In recent years, the Army, Navy, Air Force, and Marine Corps have seen an average of just under 8,000 complaints of domestic violence incidents.

The main difference between an MPO and a civilian PPO, or personal protection order, is that an MPO is issued by a commanding officer rather than a court judge. This commanding officer has the ability to issue an MPO under the following circumstances:

• If a military member has been accused of child abuse.
• If a military member has been accused of stalking.
• If a military member faces allegations of sexual assault.
• If a military member faces allegations of domestic violence.
• If there are concerns regarding the safety of any family members of an enlisted military individual.

Facing the issue of an MPO, no matter your military rank or position, can leave a stain on your record and can lead to the ruin of your reputation. This can be especially true in cases where the MPO has been issued in a manner you feel is unjust. However, with the right military attorney by your side, you can fight a military protective order case.

How to Fight and Remove an MPO

When dealing with military protective order law, keep in mind that a seasoned military criminal defense lawyer can help you fight and remove an MPO so that you can get on with your life and free yourself from the damage an MPO can have on your honor as a soldier.

The first step in removing a military protective order will be to collect as much evidence as you can, including any applicable witness testimony and correspondence between yourself and the individual who obtained the MPO. These correspondences can come in the form of emails, voice messages, letters, or texts. You need to gather evidence that can help prove the MPO you are facing is unjust and invalid, and that your rights are being violated.

You will then need to contact a military attorney who can help you request and file an Article 138 complaint or a complaint lodged against your commanding officer who issued the MPO. Fighting an MPO can feel impossible, but an attorney can work to have it removed.

FAQs

Q: What Are the Grounds for a Military Protective Order?

A: In order to successfully file for an MPO, the petitioner must meet certain requirements. These requirements include being able to provide evidence of alleged abuse, proving that they are in imminent danger of harm if the MPO is not granted, if the petitioner or individual named in the MPO is affiliated with the military, and if the relationship between the two parties qualifies, such as marriage.

Q: Why Should I Hire a Military Lawyer?

A: There are several reasons why you should hire a military lawyer if you find yourself facing an MPO. First, they can review your case and help you better understand your legal rights and options. They can explain the potential consequences if you choose to violate the order and can provide you with support when navigating the military legal system. They can also fight for your rights and advocate for protecting your interests in getting the MPO removed.

Q: What Happens If an MPO Is Violated?

A: Violating an MPO can occur when you continue to contact or communicate with the individual who requested the order. This is a direct violation of UCMJ law and can come with severe consequences. These consequences can include being tried via court-martial, paying fines, serving time in confinement, and even being dishonorably discharged from the service.

Q: How Long Can an MPO Last?

A: How long an MPO will last is highly dependent on the circumstances that warranted the MPO and the jurisdiction. In most cases, an MPO is used as a temporary solution to an issue and will typically only last a matter of weeks. However, in certain cases, if such an action is warranted, an MPO can be renewed or extended as your commanding officer deems necessary.

Speak with a Trusted MPO Defense Lawyer Today

If you find yourself facing a military protective order, rest assured that the fight is not over. At Aaron Meyer Law, our team is here to advocate for your rights. Undefeated in the courtroom and backed by years of experience, Aaron Meyer understands the unique challenges faced by military servicemen and women. As a former Marine Officer and JAG, he knows exactly what to do to defend your case. Contact Aaron Meyer Law today to schedule an initial consultation.