Who Can Initiate a Military Protective Order?

Domestic violence, otherwise known as intimate partner violence and assault, is a prevalent issue throughout the United States. No matter your status of wealth, ethnicity, or location, domestic violence can be present in any situation, including instances occurring on military bases or facilities. If you find yourself facing a military protective order due to an instance of alleged violence or abuse, you may wonder, “Who can initiate a military protective order?”

At Aaron Meyer Law, our military defense lawyer is here to answer that question. Led by a former Marine Officer and JAG, our firm does not back down from MPO cases without a fight. We are purveyors of truth and justice and are ready to fight and protect those who have sacrificed everything to keep us safe. With decades of experience and tenacity, Aaron Meyer has yet to be defeated in a courtroom. Trust our firm to help you through a military protective order case.

Grounds for Seeking a Military Protective Order

The United States military is no stranger to domestic violence cases, and with nearly 30 military bases and facilities, the state of California is all too familiar with military protective order requests. In recent years, studies have shown an average of 8,000 domestic violence complaints being lodged from branches of the military like the Navy, the Army, the Air Force, and the Marine Corps.

A military protective order, or an MPO, is a legal order that is issued by a commanding officer to either protect a member of the United States military from an alleged perpetrator or to protect an individual from harm done by the hands of a member of the military. Though these orders are usually temporary, a commanding officer can decide whether or not to extend the order should they see fit.

Under United States Law, however, there are certain requirements that must be met before an MPO can be successfully filed and initiated. These requirements include:

• Qualifying relationship. In order to file for an MPO, the petitioner, or the party seeking the order, must be in a certain relationship with the respondent, or the person against whom the order is being filed. In many cases, this must be an individual who is married to the respondent, shares a child with the respondent, or is otherwise romantically involved with the respondent.
• Evidence. Additionally, the petitioner must have some form of relevant evidence that the abuse that is being claimed has actually taken place. This might include actual bruises or photos of bruises, or other marks that have occurred due to physical harm. It may also include screenshots of correspondence threatening violence or harm.
• Threat of danger. The individual who is filing the MPO must also be able to prove that they are in immediate danger of violence or harm if the military protective order is not granted and acted upon by a commanding officer of the United States military.
• Military affiliation. Lastly, a military protective order can only be granted when military members are somehow involved as either the petitioner, respondent, or both. This can include active-duty service members, a military spouse, or an individual living on a military base.

Who Can Request an MPO?

In the United States, a military protection order can be initiated by several parties as long as they meet the requirements for filing such a legal action. These parties can include:

• Military dependents. This can include military spouses, children, or other family members who believe they are at risk of harm from the military respondent.
• Service members. This can include active duty military members or veterans who feel threatened by another member of the service.
• Victim advocates or law enforcement officers. Though these parties are typically more involved in civil cases, victim advocates and members of civilian law enforcement, like police officers, have the ability to speak to an individual’s commanding officer in order to initiate an MPO. This usually happens in cases where these parties are called out to a scene of domestic violence.

FAQs

Q: What Are Some Specific Examples of Domestic Violence?

A: Every 24 minutes, someone is made the victim of domestic violence. Domestic violence can come in many forms, and some specific examples can include hitting, kicking, biting, punching, hair-pulling, rape, sexual assault, pushing, or the throwing of objects at a victim. One study concludes that active service members are three times more likely to commit an act of domestic violence than civilian individuals.

Q: How Can a Military Attorney Help Me?

A: When you hire a military attorney to assist you with military protective order law, there are several actions they can take to support you and fight for your rights and innocence. First, your attorney can help you understand your legal rights and options, along with any consequences that might accompany the potential violation of an MPO order. They can also represent you, advocate for you, and ensure your side of the story is heard.

Q: What Circumstances Call for an MPO?

A: There are several circumstances that may call for a military protective order to be filed for an issue by a commanding officer. This can include instances of alleged domestic violence, such as spousal abuse, intimate partner abuse, or child abuse, cases of sexual assault, cases of simple or aggravated assault, or situations in which any of these kinds of harm or violence have been threatened.

Q: What Can an MPO Include?

A: There are several things an MPO can include that will require an individual to take or not take certain actions. These can include ensuring that the individual stays away from the family home, has no contact or communication with the victim or any members of the victim’s household, requires the respondent to move into the barracks, and requires them to attend counseling.

Hire a Military Lawyer Today: Contact Aaron Meyer Law

As a member of the military, you may believe you are under an obligation to seek legal support only from the Judge Advocate General staff, or JAG. This is not the case, however, and you are able to pursue private legal counsel when facing an MPO. At Aaron Meyer Law, we are here to protect you after you have spent so much of your life fighting for our freedoms. We see your sacrifice and want to do you the honor of defending you from an MPO. Contact our offices today.