Military protective Orders (MPOs) are like a foreign language to those who “just don't know” what they mean or what they do.
The fair layman can easily say an MPO is not “arbitrarily or capriciously given” and all policies and regulations written by both Congress and the Secretary of Defense who implements policies across the board for all branches is obligated to ensure that an MPO that is given should also be enforced. Sadly, many of the women and sometimes men spouses have come to know that enforcement is of little to no existence once an MPO is issued.
Let us get down to basics. What does one look like?
An MPO must restrict specific conduct that is prohibited. They are usually in mirror to a civilian Domestic Violence Restraining Order or as shown in some states a Civil Harassment Restraining Order.
*An MPO usually restricts being around someone by a minimum of 100 yards (300 feet)
*An MPO is SUPPOSE to restrict conduct of the service member that is being restrained from conduct both on base but also off base.
*When children are involved, certain conducts may allow for an exchange for child custody and visitation and under what terms are approved. Because this is a Federal MPO, this actually would supersede a civilian order when the conduct in question is occurring on base.
Ever hear that phrase “Federal Trumps State Every time”? Well that includes MPOs that are issued to a service member.
There are some begged questions people have asked be answered:
Can an MPO really restrict conduct off base? Yes it can because policies within each branch says so, no different than the service member is government property therefore, Chain of Command can authorize AND restrict the conduct of the service member anywhere as long as they have a justifiable reason to do so.
But will Base Legal actually do anything?
Please read the bottom of the MPO because when one is issued and you are the listed protected person, by both civilian laws and under the Violence Against Women Act, all victims are required to receive a copy of any order that provides them protection from any abuser. The problem however is actually getting Base Legal and Military Police to actually enforce a little section at the bottom that clearly says that if the order is violated, the service member is subject to an Article 92.
Let’s look at this closer:
It doesn’t say an Article 15 which is basically all administrative and a proverbial slap on the wrist. It clearly says an Article 92 which is a court martial offense of directly disobeying a direct order by a commanding officer. In this case the “Order” is in written form and the service members are usually obligated to acknowledge and sign.
Don’t take the information here provided as legal advice because I like anyone else can just look it up online.
-What is an Article 92? Well here you go:
Any person subject to this chapter who–
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct
-What is an Article 15? Well here you go:
“815. 15. Commanding Officer’s non-judicial punishment
(a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant.
(b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial–
(1) upon officers of his command–
(A) restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
(B) if imposed by an officer exercising general court-martial jurisdictions or an officer of general flag rank in command–
(i) arrest in quarters for not more than 30 consecutive days;
(ii) forfeiture of not more than one-half of one month’s pay per month for two months;
(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(iv) detention of not more than one-half of one month’s pay per month for three months;
(2) upon other personnel of his command–
(A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
(B) correctional custody for not more than seven consecutive days;
(C) forfeiture of not more than seven days’ pay;
(D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(E) extra duties, including fatigue or other duties, for not more than 14 consecutive days;
(F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
(G) detention of not more than 14 days’ pay;
(H) if imposed by an officer of the grade of major or lieutenant commander, or above–
(i) the punishment authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive days;
(iii) forfeiture of not more than one-half of one month’s pay per month for two months;
(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(v) extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(vi) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(vii) detention of not more than one-half of one month’s pay per month for three months.
Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not bee combined with detention of pay without an apportionment. For the purpose of this subsection, “correctional custody” is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as the Secretary concerned may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating–
(1) arrest in quarters to restriction;
(2) confinement on bread and water or diminished rations to correctional custody;
(3) correctional custody confinement on bread and water or diminished rations to extra duties or restriction, or both; or
(4) extra duties to restriction;
the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on appeal from a punishment of–
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) forfeiture of more than seven days’ pay;
(4) reduction of one or more pay grades from the fourth or a higher pay grade;
(5) extra duties for more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days’ pay;
the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Department of Transportation for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).
(f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(g) The Secretary concerned may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be...”
So you can read what is written but as any spouse will tell you, Chain of Command often does not do anything to the service member if they violate the order that is specified as listed in a Military Protective Order. To the Contrary, many bases around this country have been openly ignoring violations of MPOs and doing verbal warnings or nothing at all. Why is this a problem?
Two words for you: DEVIN KELLEY
Two more word ls for you: Texas Shooting
Two more Words- Now Dead.
Things in the process revealed that there were flaws in how mental health was treated when it came to someone who was actually incarcerated for his act of violence. Somehow he still fell through the cracks. Well how do you mean he fell through the cracks.
There were signs.
There were laws broken
There were signs and threats already made
There were many things acknowledged and outright ignored by those in positions to stop future actions.
Let us be bold and just say that had those in power done what was within their legal bounds to do, lives would be safe and alive still and a man would have received the seriously professional help he so desperately needed.
But let us also throw out the elephant in the room. The military often behaves as though the mental health and general stability is not priority of any mission. Act now and ask questions later. That brings on a recipe for disaster.
While I won’t specify names involved, I will however specify top bases I have helped spouses at and the habitual bases who are high offenders by the numbers of spouses who ask for help to the outside world, seeking help from those who know little to nothing about their lifestyle or why the military would actually choose to turn a blind eye to so many.
Ft Hoot, Texas
New River and Camp Lejeune, North Carolina
Minot Air Base, North Dakota (although it sounds like some spouses gained strength to fight and still received little help)
MCAS Miramar and Camp Pendleton both in San Diego
Naval Base San Diego
Travis Air Base, California
Holloman Air Base, New Mexico
Vandenberg Air Force Base, California
Twenty Nine Palms, California (they actually like to cover up rape of their female service members and oust them from ranks)
Various bases in Germany, Korea and Japan as well as Guam.
I have been hearing of some improvements at the following base areas:
Quantico, Virginia
Norfolk, Virginia
Pensacola, Florida
I thoroughly encourage anyone who has an MPO issued to research your rights.
The Victim Witness assistance Program is there to help you.
Demand a DAVA to be assigned. If the whole point is to stop ignoring that abuse occurred at all, there is a paper trail you will want to protect yourself later down the road.
Ask for a Special Counsel to be assigned IF RAPE and Assault are of issue.
You should also demand a periodic modification to the MPO if it is being continually violated.
Most importantly, you have the right to report a violation without reprisal or retaliation from the service member OR their peers. That involves third party violations.
This is no joke. MPOs are issued because someone’s safety was placed in question because of confirmed acts, NOT because of “suspected acts”. They are not just handed out because you ask for one. In fact, Base Commanders are not even allowed to issue one unless a life is even in danger at all.
Often times victims come of ugly divorces or even after one spouse comes forward saying they want a divorce at all. A hostile home environment follows, maybe acts of physical violence or verbal threats. The service member will most commonly be reported as withholding financial support for the spouse and children as emotional blackmail tactics to scare the spouse or even to show “who really holds control” in the marriage. Nevertheless, these are all forms of abuse.
As a true victim spouse, you have rights. The sad part is that while a base legal office may be inclined to issue an MPO, getting them to prosecute its violations is a whole different nightmare. Vandenberg Air Force Base takes the Cake in that area as does Ft. Hood. Neither seem to care about the real safety of children nor do they engage in any action to prosecute a violator. MCAS Miramar is a rising star in this area because while they will issue an MPO on the rarity, they often will ignore a violation and allow for improper conduct and abuses in other areas that will somehow be argued as “grey areas”.
Feel free to use Google and google away to your hearts content. Military Protective Orders by concept ARE restraining orders. Good Luck getting one enforced though.
Civilian Judges don’t like to hear that an MPO has been issued and frankly it is almost impossible for them to believe that “one of our uniformed service members would dishonor their service and uniform so carelessly”.
Sadly, I see judges all the time that disregard the safety of spouses and their children because they would rather believe the falsity that everyone in the service is “Honorable”. Sadly, that is not the case.
True abusers are going unpunished and frankly, as previously disclosed in a prior blog segment, abusers are often rewarded for their bad behavior. Paint the ex as crazy and they think they have won some kind of sick game. There are even lawyers and other people that would do anything, including commit perjury to protect this false image. No one has to believe me. Ask any victim spouse.
Military Protective Orders Might as well be useless. As I have previously said, they are not enforced off installations and regardless of MOUs, most law enforcement and courts won’t recognize them as anything but a useless piece of paper that protects no one.
I have reached out to Representative Mac Thornberry's office who was suppose to be creating an Investigation into the flaws surrounding Domestic Violence and additionally also what happened to Devin Kelley and his family. No response and NO Accountability.
I reached out to Congressman Jerry McNerney, my own District Rep. He's up for re-election. I'm sure you can take the hint there.
It is with strong belief that I say ALL persons refusing to enforce an Article 92 after an MPO
is issued, they all need to be held with their own dereliction violations under the UCMJ
. They are tasked to Protect against all enemies, foreign AND domestic, and they are sworn to uphold that, even against their own. Fail to uphold that- Court Martial any command that refuses to enforce an order they have elected very carefully to issue at all. Just my two cents. This epidemic of abuse needs to stop and accountability begins from the top down, and one soldier at a time.
Please help and sign a petition that I deeply support as I have witnessed some violations myself and have been targeted both directly and indirectly for helping to expose the victims that fall to the wayside as a result of bases that don’t want to protect victims and instead work to help the abuser.
Help Change the Silent Epidemic of Domestic Violence in the Military.
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