Commanders have the authority to issue two types of protective orders: “No Contact Orders” and Military Protective Orders (MPOs). Commanders, First Sergeants, or anyone with a higher rank than the recipient can issue No Contact Orders. These orders temporarily halt communications between disputing parties, not reaching the level of a criminal investigation, or safeguard the investigative process in criminal matters. On the other hand, MPOs, exclusive to commanders (officers on G-series orders), are typically issued to safeguard individuals during criminal investigations, particularly to prevent spousal, child, or intimate partner abuse.
Key Points:
– Both no contact orders and MPOs are applicable to military personnel, prohibiting communication or physical contact with specific individuals.
– Only commanders have the authority to issue MPOs, and these orders must be documented on a DD Form 2873, Military Protective Order.
– No contact orders should be in writing, with a written receipt from the recipient. Verbal orders are permissible only in exigent circumstances and should be documented promptly.
– Protective orders cannot prevent a member from contacting defense counsel, nor can they prevent defense counsel from contacting potential witnesses as part of an investigation.
Generally, the purpose of a No Contact Order or a Military Protective Order is to protect others, safeguard the investigative process, or prevent continuing misconduct. These orders must be tailored to meet the specific needs of an individual victim. The orders may include:
– Prohibiting communication or physical interaction
– Prohibiting the contact, harassment or touching of certain people;
– Do, or refrain from doing, certain acts or activities
– May also include provisions to remain a specific distance away from protected persons and/or locations
No Contact Orders should be in writing with a receipt confirmed in writing by the recipient. Verbal No Contact Orders should only be issued under exigent circumstances and should be put into writing as soon as possible after issuance. No Contact Orders usually state how long they will be in effect. No Contact Orders are typically reviewed and renewed as each situation warrants.
On other hand, MPOs do not automatically expire but may be modified or rescinded by the chain of command. Commanders must use DD Form 2873 when issuing an MPO. MPOs must be entered into the National Crime Information Center (NCIC) database to ensure that civilian law enforcement agencies are aware of the MPO and can notify military authorities if violations of the MPO occur off-base.
The military may pursue administrative or disciplinary action for violations of No Contact Orders or Military Protective Orders, including under Articles 90 and 92, UCMJ.
Grover H. Baxley is the founding attorney of JAG Defense and a former active duty judge advocate in the Air Force. In 2005, Mr. Baxley chose to leave active duty and dedicate 100% of his civilian law practice to military and security clearance law. He has zealously represented thousands of members of all military branches around the world in matters ranging from minor administrative actions to courts-martial.
