What Happens if You Violate a Military Protective Order?

Facing a military protective order, or an MPO, can be an overwhelming situation to find yourself in. When an enlisted service member allegedly commits an act of domestic violence or abuse, their commanding officer has the ability to issue an MPO meant to restrict the service member from engaging in further abusive conduct. If you are dealing with an MPO, you may wonder: “What happens if you violate a military protective order?” A military defense lawyer can help.

Aaron Meyer Law was created to stand in the gap and defend those who have sacrificed everything to defend this country. Attorney Aaron Meyer, a former Marine Officer and JAG, is ready to challenge any unfair or unjust actions taken by your commanding officer. He is proud to stand up aggressively for his clients and secure results both in the courtroom and out.

Aaron Meyer has obtained more full-jury trial acquittals on the West Coast than any other past or present military lawyer, and he is ready to put that experience and success behind your military protective order case.

Common Stipulations of a Military Protective Order

In the United States, a military protective order can be issued in cases of alleged domestic violence or abuse perpetrated by a member of the military or against a member of the military. There are several situations in which an MPO can be filed, including instances of alleged:

• Domestic violence
• Sexual assault
• Stalking
• Harassment
• Child abuse
• Simple or aggravated assault

California hosts nearly 30 military bases or facilities, more than any other state in the country. However, it makes MPO cases much more common along the West Coast. In fact, the Department of Defense reported that 74% of 40,000 domestic abuse incidents involving military servicemembers in a recent 4-year report involved physical abuse.

An MPO is typically issued in order to protect the alleged victim from this violence and can include restrictions on the following:

• Contact between the two parties, including text messages, emails, phone calls, social media, and letters.
• Proximity between the two parties, such as restricting access to the family home or certain family-centric areas.

Those with an MPO issued against them can also be called upon to receive mandatory counseling, surrender their government weapons, and may be required to move back into government housing or base barracks.

Consequences for Violating a Military Protective Order

When a military protective order is allegedly violated, severe consequences can ensue. Individuals who are found to be in violation of military protective order laws will most likely be subjected to actions. You may find yourself tried by a court-martial, serving time in confinement, being required to pay fines, and you may even be dishonorably discharged.

While police are not typically able to enforce a military protective order like they might be able to in cases of civil protective orders, they can arrive at a scene of harm or violence and arrest the alleged abuser if 911 is called. They can then notify your commanding officer, who can take further action against you for an MPO violation.

MPO violations are serious legal matters, and you should not try to handle such a case yourself.  Instead, reach out to a seasoned military attorney.

The Duration of an MPO

In cases of a military protective order, the time frame of the order will depend on several factors. An MPO typically only lasts for a handful of weeks, but a commanding officer can determine whether or not to extend the order should they deem such an action necessary. In certain cases, the commanding officer may decide to revoke the order if they believe the alleged victim is no longer at risk or if a conclusion is reached in an assault or domestic violence investigation.

There are several conditions under which a commanding officer may decide to extend an MPO. These conditions include:

• There is a continued risk or an increase in risk to the supposed victim.
• An investigation is still ongoing, or there are unresolved legal proceedings.
• Additional evidence or other developments have come to light that may call for further protection for the alleged victim.

If you believe an MPO issued against you is unjust or has passed the point where it is warranted, you need to reach out to a qualified military attorney who can sort through the case, uncover evidence in your support, and determine your chances of removing the order and moving forward with your life.

FAQs

Q: What Are the Differences Between an MPO and a CPO?

A: There are several differences between an MPO, or a military protective order, and a CPO, or a civilian protective order. The first difference is that an MPO is typically issued when one or both of the involved parties are members of the military, but a CPO is issued by the civil court when the petitioner, or the person filing for the order, is a civilian. CPOs also typically involve civilian judges over the commanding officer involved in an MPO.

Q: What Are Some Common Defense Strategies Against an MPO?

A: There are several defense strategies that your attorney may be able to deploy against an MPO, depending on the circumstances of your case and any evidence that can be uncovered. These defense strategies include demonstrating that you had a lack of intent to engage in any violent or otherwise harmful behaviors, working to prove the allegations were false, or arguing that you were acting in self-defense.

Q: Is Domestic Violence Common Amongst Military Members?

A: Yes, just as domestic violence is a common enough problem amongst civilian populations, so it is among members of the United States military. Every year, around 8,000 domestic violence complaints are reported from branches of the armed forces, such as the Marine Corps, the Army, the Navy, and the Air Force. MPOs are often issued in these cases, even when the complaints are unjust, and an attorney’s services will prove crucial.

Q: Can You Fight an MPO?

A: Yes, you do have the ability to fight an MPO with the help of a military lawyer. Your attorney can review your case and help you uncover evidence that may be used in your support. Your attorney can also help you request and file an Article 138 complaint, which allows you to lodge a formal complaint or grievance against your commanding officer.

Hire a Military Lawyer: Contact Aaron Meyer Law Today

If you learn of an MPO being issued against you by your commanding officer, don’t lose hope. Now is the time to fight and leverage a strong defense strategy to secure your justice. The team at Aaron Meyer Law will not back down, and it is proud to serve active enlisted military members and veterans up and down the West Coast of the United States.

Undefeated in the courtroom, Aaron Meyer stands for those who have, in both the past and the present, worn the uniform. Contact our offices today for a comprehensive case consultation.