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A Military Protective Order (MPO) is a tool that the command can use to protect you and/or your children if you are the victim of domestic violence or child abuse by military personnel. It doesn't matter if you are military or civilian.
§ 635.19 Protective orders. (a) DD Form 2873, Military Protective Order (MPO), is a written legal order issued by a commander directing soldiers to avoid contact with persons named in the order.
Ask the court to change the decision. The court can lift the "no access" part of the order but leave the "no abuse" part of the order. You can still order them not to abuse you, but they won't get in trouble for contacting or being with you.
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Clearance time is calculated in calendar days, not hours completed. A four-day pass must include at least two consecutive rest days.
A pass allows you to leave your military unit for a limited period of time. Time spent on the pass is not counted toward vacation, which is the number of vacation days allotted each year.
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(a) DD Form 2873, Military Protective Order (MPO), is a written legal order issued by a commander directing soldiers to avoid contact with persons named in the order.
A Military Protection Order (MPO) is a short-term order issued by a unit commander for active duty members of his command. The process does not involve a hearing. Generally, an MPO should be issued at the request of the victim or their attorney.
This website uses cookies to improve site navigation and personalize your experience. By using this site, you agree to our use of cookies as described in our updated Privacy Statement. You can adjust your choices by visiting our Cookies and Advertising Notice. When an MPO is issued based on unsubstantiated allegations of sexual assault or domestic violence, it is helpful for service members to know that they can exhaust the remedies available within the military justice system to obtain redress.
Few forms stir up more emotions in the military than receiving a DD Form 2873, commonly known as a Military Protection Order (MPO). Getting one is often a surprise. What can you do to your partner or your child to obtain such a domestic violence false charge order? Also, you were recently divorced and this seems to be her way of getting custody of the children.
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Surprise may turn to shock as you read about all the restrictions imposed by your unit commander. In addition to being told not to contact your partner and your children in any way possible, you are also ordered to keep a considerable distance from your marital home and your partner's workplace. How are you supposed to handle things when you can't talk or even get close?
Shock can turn into depression when you realize you have to move out of your house and into a makeshift barracks. You may even worry about how to attend training or perform your duties when you are stripped of your service firearm. Also, you are ordered to dispose of all firearms. How can you serve without arms?
Counseling may be the only thing you agree to do to complete a protective order, but it's no guarantee that things will turn out well. The duration of the MPO can vary from 31 to 61 days to two years, and when they need to lift the protective order, they call you and you are at the mercy of the commander. So what now?
MPOs are usually issued without any hearings, and some may even be extended indefinitely, which can limit your movement and ruin your military career. It can also put extra stress on your family relationships. Worse, it could lead to a court martial and could even be grounds for dismissal.
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If you find yourself with a baseless military order of protection, here are some steps to help you seek redress through military and civilian courts.
While you may not agree to the terms of the MPO, you must abide by it as it is essentially an order from your commander. You may consider violating it, but keep in mind that this will result in further disciplinary action against you.
Non-compliance carries extrajudicial penalties under Article 92 of the Uniform Code of Military Justice (UCMJ).
Most military personnel believe that there is no option for a military protective order. In fact, Article 138 of the UCMJ allows any serviceman to lodge a complaint against his commander if he has been wronged in any way.
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For the Army and Marine Corps, you need to file a formal written complaint with your commanding officer within 90 days, and for the Air Force, you need to file a formal written complaint with your commanding officer within 180 days.
When your commander receives your complaint, he must decide whether to grant or deny your request. If refused, they must tell you the basis for their decision.
You can use other means within the military to cancel the MPO. You may escalate the matter directly to your immediate superior using the Unit Commander's refusal and previous Section 138 complaint. They will then pass it on to the General Court Convenor (GCMCA) who can decide on your application.
If a military position decides against you, you can seek help from a military defense attorney. In addition to providing evidence to the Attorney General (JAG) that your MPO is harming you and your family, they can help you fight false allegations and assist you in divorce or custody proceedings. They can also give legal advice on your protection order and even represent you in court.
What To Do When Faced With A Military Protective Order
Military Protection Orders (MPOs) affect service members and their families in a number of ways. For example, they can damage relationships, damage reputations, and hinder career advancement. When an MPO is issued based on unsubstantiated allegations of sexual assault or domestic violence, it is helpful for service members to know that they can exhaust the remedies available within the military justice system to obtain redress.
Let's assume a subsequent decision supports the MPO, but not the service member and his or her family. In such cases, they can turn to an experienced military defense attorney to help them clear those charges and restore them to active duty. :: Home > Divorce and Family Law Articles, Tips for Men & More > Military Orders of Protection: What You Should Know
Guys, there isn't much room for banter in today's topic. A Military Protective Order (MPO) unites two powerful branches of our society, the military and the law. Whether you are the recipient or need to draft an MPO for your spouse, this is serious business. Here's what you should know.
We are a legal establishment, but we thought you would feel better if we listed other legal establishments. Cornell Law School’s Legal Information Institute (LII) tells us that an MPO is “a written legal order issued by a commander directing a soldier to avoid contact with a person named in the order. MPOs can be used to facilitate incidents of domestic violence and sexual assault (including Incidents involving children) after a "cooling off" period.
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In the army, it has the same weight and carrying capacity as a command to report to the KP or send to the radar installation on the island of Shemya.
The MPO also has the same legal force in Virginia as any court order issued by a circuit court or juvenile and family relations court judge. It's not really a double whammy, but if you get it, you feel like it is. It will announce your family's private business and present it to your Commander for review.
MPOs are issued by service commanders only, but victims, victim advocates, installed law enforcement agencies, or Family Advocacy Program (FAP) clinicians may request them from the commander.
If you feel you have been a victim of domestic violence and your wife is a member of the service, you can apply to her for an MPO
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