Mpo Military - :: Home > Divorce and Family Law Articles, Men's Advice and More > Military Protection Orders: What You Need to Know
There's no room for jokes on the subject today, folks. Military Protection Orders (MPOs) bring together two powerful sectors of our society, the military and the law. If you are in receivership or have to file an MPO against your spouse is a serious matter. Here's what you need to know.
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We are legal authorities, but we believe you will feel better if we quote other legal authorities. The Legal Information Institute (LII) at Cornell Law School tells us that an MPO is a written legal order issued by a commander ordering the military to prevent contact with individuals specified in the order. MPOs can be used to facilitate the 'cooling off' period following domestic violence and sexual abuse, including incidents involving children.
Dd Form 2873: Fill Out & Sign Online
It has the same weight and military force as the order to report for KP or send to the radar installation on Shemya Island.
An MPO has the same legal weight as a judgment issued by a District Court or Juvenile and Domestic Relations Court Judge in Virginia. It's not really a double whammy, but you can feel it when you take it. It exposes your family's private business and exposes it to your commander for scrutiny.
An MPO can only be issued by a military service member's commanding officer, but may be requested from a victim's commanding officer, a victim advocate, installation law enforcement, or a Family Advocacy Program (FAP). clinic.
If you feel you are a victim of domestic violence and your wife is a member of the military, you can ask her commanding officer for an MPO. You can do this for your children.
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Unfortunately, according to 10 USC § 1567, "an MPO issued by a military commander remains in effect until the military commander terminates the order or issues a substitute order."
The bar for providing sufficient grounds for an MPO is, for many legal scholars, lower than that required for a civil Temporary Restraining Order or Permanent Restraining/Protection Order. This means that a domestic violence or child abuse charge may be issued against you as a "precaution" while you are being investigated. This means that you may be separated from your children or your home (on or off base) while the MPO is in effect.
A commanding officer may issue an MPO at the request of an interested party when the officer hears or sees the facts underlying such action. The primary consideration in the commander's decision making is the immediate threat the service member poses to the victim. It does not mean a trial, hearing or judicial process; a small amount of evidence can give the commander sufficient grounds to issue an MPO to prevent violence.
The commander's case is stronger if DD Form 2873, Item 4, includes evidence of civil actions against you:
Military Protective Orders: What You Should Know
If you are on the receiving end of a DD Form 2873, you may be wondering why you were singled out. What did you do with your spouse or children to get MPO?
NOTE: Omit information in point 2 that, if known to the military officer in point 1, could endanger the protected person.
If your wife left your family to keep it from you, point 2 may not include her address or contact information. Paragraph 3 covers the evidence your commander uses as the basis for the MPO. An MPO can be to prevent contact or physical contact with a "protected person". For communication, MPO shows the distance between you and the protected person. If you are ordered to leave military housing occupied by a protected individual, you will be provided with alternative accommodation on base.
You can't get an MPO without signing; that is, it will not be given in secret to permit its knowing violation. Don't refuse to sign it even if you disagree with its claims. After you sign it, contact your civilian military divorce attorney.
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You are under no obligation to obtain legal support or information from JAG staff. You can get personal advice to deal with MPO. Your attorney may object to indefinite or long-term MPOs, an MPO that forcibly separates you from your children, or a lack of "imminent danger" that requires the order in the first place.
You can speak with a Virginia family law attorney at The Firm For Men by calling 757-383-9184. You can also contact our offices online. Most importantly, contact us as we can help with military family law as well as civil matters.
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Non-necessary cookies are any cookies that are not specifically required for the website to function and are used to collect user personal data through analytics, advertisements, and other embedded content. It is necessary to obtain user consent before running these cookies on your website. A Military Police Officer (MPO) from the 210th Battalion, 210th, passes through a simulated checkpoint in his mobile multi-purpose wheeled vehicle at Camp Grayling, MI. Vehicle (HMMWV) during annual training. (A3596)
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Michigan (MI) Governor Jennifer Granholm and Michigan Army National Guard (MIARNG) Maj. gen. (MGEN) Thomas Cutler reviews troops from an outdoor high-mobility multi-purpose wheeled vehicle (HMMWV) during the 205th MIARNG annual training parade. Training Exercise (ATE) at Camp Grayling, Michigan. (A3596)
Soldiers from the Michigan Army National Guard's (MIARNG) 1st Battalion, 126th Armor, participate in the annual training parade to mark the end of Annual Exercise (ATE) 2005 at Camp Grayling, MI. (A3596)
Michigan (MI) Governor Jennifer Granholm and Michigan Army National Guard (MIARNG) Maj. gen. (MGEN) Thomas Cutler reviews troops from an outdoor high-mobility multi-purpose wheeled vehicle (HMMWV) during the 205th MIARNG annual training parade. Training Exercise (ATE) at Camp Grayling, Michigan. (A3596) (SUBSTANDARD)
The Michigan Army National Guard (MIARNG) Maj. (MAJ) Curtis Royer, commander of the 1st Battalion, 126th Armor, leads his troops in the Annual Training Parade to mark the end of Annual Exercise (ATE) 2005 at Camp Grayling, Michigan. (A3596) When PPEs are discharged based on unsubstantiated allegations of sexual or domestic violence, it helps service members know they can use the available resources of the military justice system for recovery.
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Few forms evoke more emotion in a service member than receiving a DD Form 2873, known as a Military Protective Order (MPO). Getting one is often a surprise. What could you have done to your spouse or children to get such an order on a false claim of domestic violence? Again, you are recently divorced and it sounds like this is his way of getting custody of your children.
If you read all the restrictions imposed by the unit commander, you may be shocked. In addition to being told to avoid all possible contact with your spouse or even your children, you are ordered to stay away from your family home and your partner's places of work. How to solve a problem if you can't talk or even get close?
It can be a shock when you realize that you have to move out of your home and move into a temporary barracks. If you lose your service weapon, you may worry about how you will participate in training or perform your duties. In addition, all weapons were ordered to be destroyed. How can you serve without a gun?
Counseling may be the only thing you agree to in a protective order, however
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