Understanding Military No Contact Orders (NCOs) and Military Protective Orders (MPOs)

Understanding Military No Contact Orders (NCOs) and Military Protective Orders (MPOs)

Military life often brings unique legal challenges, and one of the critical areas where the military system steps in to ensure safety and discipline is through No Contact Orders (NCOs) and Military Protective Orders (MPOs). These orders serve to protect individuals from harm, ensure compliance with military standards, and maintain good order and discipline within the ranks. This blog provides an in-depth overview of NCOs and MPOs, explaining their purpose, scope, and how they interact with civilian protective orders.

What Are No Contact Orders (NCOs)?

A No Contact Order (NCO) is a directive issued by a service member's commander, designed to prevent communication or physical contact between a service member and a third party. These orders are often issued to protect individuals from harm, particularly in cases of domestic violence, child abuse, or other misconduct that may violate the Uniform Code of Military Justice (UCMJ). NCOs function similarly to civilian restraining orders, prohibiting specific actions and interactions to safeguard victims and prevent further misconduct.

Authority to Issue NCOs:
NCOs are issued by a commander when it is deemed reasonably necessary to protect individuals within the command or to prevent potential UCMJ violations. The goal is to ensure the safety and security of third parties and maintain discipline within the unit. Commanders may issue NCOs to prevent inappropriate relationships, harassment, or physical violence. While commanders have discretion over the issuance of NCOs, they are encouraged to consult with their Staff Judge Advocate (SJA) before issuing the order to ensure it aligns with military regulations.

Scope and Duration:
An NCO must be tailored to the specific needs of the victim and can include restrictions on communication, physical interaction, or access to certain locations, such as homes, schools, or workplaces. These orders are typically limited in duration but can be renewed as needed. In most cases, NCOs must be issued in writing, with acknowledgment of receipt by the service member. Oral orders may be given under exigent circumstances but must be followed by a written order as soon as possible.

NCOs and UCMJ Violations:
Violating an NCO can lead to serious disciplinary action, including punishment under Article 92 (Failure to Obey Order or Regulation) or Article 90 (Willfully Disobeying a Superior Commissioned Officer) of the UCMJ. Commanders have broad authority to enforce NCOs to maintain order and discipline within their ranks.

What Are Military Protective Orders (MPOs)?

Military Protective Orders (MPOs) are a specific type of NCO issued to protect victims of domestic violence, child abuse, or intimate partner violence. While both NCOs and MPOs serve to protect individuals, MPOs are more targeted towards abuse cases and are issued using DD Form 2873. MPOs are designed to safeguard victims while providing them time to seek a protective order from a civilian court, or they may supplement an existing civilian protective order.

How MPOs Work:
MPOs are typically issued in cases of domestic violence or abuse within a military family. Commanders are obligated to issue and monitor compliance with MPOs to protect victims and maintain good order and discipline. MPOs can also be issued in conjunction with civilian protective orders, ensuring both military and civilian protections are in place. The terms of an MPO can be more restrictive than a civilian protective order, but they should not contradict any existing civilian orders.

Enforceability:
Violations of an MPO are taken very seriously and can lead to UCMJ action under Article 90 or Article 92. MPOs are enforceable on military installations, and commanders are responsible for ensuring compliance. Commanders may also work with local civilian authorities to enforce MPOs off-base, ensuring the safety of all involved parties.

Relationship Between MPOs and Civilian Protective Orders

MPOs and civilian protective orders (CPOs) serve similar purposes, but they have independent sources of authority. A civilian protective order is issued by a civilian court and is enforceable both on and off military installations. If a service member is subject to both an MPO and a CPO, the MPO may impose stricter conditions, but it cannot contradict the civilian order.

Violations of a Civilian Protective Order (CPO) are punishable in the civilian courts that issued them, and commanders are responsible for ensuring compliance with CPOs on military installations. If civilian authorities choose not to take action on violations of a CPO, the military may still pursue administrative or disciplinary action under the UCMJ.

Why Working with a Former JAG Attorney is Critical

Navigating the complexities of NCOs and MPOs requires an in-depth understanding of both military and civilian legal systems. Former JAG attorneys bring unparalleled expertise in military law, understanding how to work with commanders and military leadership to establish, enforce, or remove protective orders swiftly. Whether you are seeking protection or defending against an NCO or MPO, a military-focused attorney can ensure that your rights are protected and that the legal process is handled efficiently.

Call to Action

If you need assistance with a Military Protective Order or No Contact Order, our experienced team of former JAG attorneys is here to help. We understand the military system inside and out and can guide you through this challenging time with expertise and care. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.