Ruth's Truth #13: Military Protective Orders and No Contact Orders — Does It Matter?

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A domestic abuse incident occurs on a military installation between spouses (which could include a sexual assault), and the command issues a No Contact Order (NCO) instead of a Military Protective Order (MPO).

Is there any difference or benefit?

Both MPOs and NCOs can be enforced internally by command, and violations of either can constitute a violation under the UCMJ, Article 92 (Failure to Obey an Order). Both can be enforced on base, but neither can be enforced off base.

So, does it really matter? Short answer: YES.

Under 10 U.S.C. § 1567a and DoDI 6400.06, the command must notify the civilian law enforcement agency if an MPO is issued and the protected person resides off base. This notification occurs through entry into the National Crime Information Center (NCIC) database. This ensures civilian authorities are aware of the MPO's existence when the protected person lives within their jurisdiction.

What If the Spouse Still Lives on Base?

There is no requirement for an MPO to be entered into NCIC if the protected person resides on base, and no notification requirement for NCOs. Though not mandatory, a request should still be made to the Military Criminal Investigative Organization (MCIO) to enter the MPO in NCIC so civilian law enforcement has visibility if a violation occurs off base.

Best Practice

  1. Obtain a No Contact Order first — it is quick and immediate.
  2. Follow with a Military Protective Order (MPO).
  3. Seek a Civilian Domestic Violence Protective Order (DVPO) to ensure enforcement and protection in all jurisdictions.
Ruth's TruthIn the spirit of Domestic Violence Awareness Month: victims often lack money, transportation, and access to support systems. An MPO at least gives local civilian authorities visibility into existing protection measures, which can be critical if a victim is stalked, assaulted off base, or wrongfully accused by the offender. With only a NCO this visibility and protection are lost.

SAFETY
EXIT