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Domestic Violence in the Military
Domestic Violence and the Military System
Basic info and definitions
I have heard the terms “domestic abuse” and “domestic violence” used by military personnel. Is there a difference?
In the military, “domestic abuse” and “domestic violence” are two different terms.
Domestic abuse is used in the military as a broader term that includes all forms of relationship abuse against a current or former spouse or intimate partner, including physical harm and non-physical harm, like harassment and emotional abuse. The military considers domestic abuse to include a pattern of behavior resulting in emotional/psychological abuse, economic control, sexual abuse, “spousal neglect,” and interference with personal liberty.1 “Spousal neglect” is when an adult fails to provide necessary care or assistance to a spouse who is incapable of self-care physically, emotionally, or culturally.2
For the purpose of the military’s Family Advocacy Program (FAP), domestic violence is defined as an offense against you under the United States Code, including the Uniform Code of Military Justice (UCMJ), or state or local law, if you are:
- the abuser’s current or former spouse;
- the abuser’s current or former intimate partner with whom s/he shares or has shared a home;
- the abuser’s current or former romantic or dating partner; or
- someone who shares a child in common with the abuser.1
To qualify as domestic violence, this offense must:
- involve the use, attempted use, or threatened use of force or violence against you; or
- be a violation of a lawful order issued for your protection.1
Domestic violence is also the name of a specific offense under the UCMJ.3 Offenses under the UCMJ can be punished in a variety of manners, including trial by court-martial.
If your relationship with the person who is harming you does not meet any of these requirements, you could still qualify for a civil protection order (CPO) in the state where you live. Go to the Restraining Orders section and enter your state in the drop-down menu to see if you qualify for a CPO.
1 Department of Defense Directive 6400.06, sections 3 incorporating change 2, May 16, 2023
2 Family Advocacy Program Content Guide
3 Uniform Code of Military Justice, Article 128b; 10 U.S.C. 928b
I am experiencing abuse in my relationship. How do I get help in the military system?
The military uses a coordinated community response model (CCR), which brings together everyone who has an interest in an incident of abuse or neglect to improve interagency coordination. The goal is that the victim will be provided support and resources in addition to what the Family Advocacy Program (FAP) staff provide. FAP takes a holistic approach when working with those impacted by domestic abuse. The FAP provides clinical and non-clinical support services for victims, abusers, and children impacted by domestic abuse. Services include victim advocacy, support, risk assessment, safety planning, treatment, counseling, and case management services.1
If you are experiencing domestic abuse you may be eligible for FAP services if you and the abuser are:
- current or former spouses;
- current or former intimate partners who have a child in common or live(d) together; or
- current or former dating partners.2
Note: The services available to dating partners may be limited.
If none of these apply to you, FAP victim advocates may still provide risk assessment, safety planning, and offer information and referrals to help you access services offered in the civilian community.1
To find a domestic abuse advocate in your local area go to, the DoD Domestic Abuse Victim Advocate Locator on Military OneSource. To read more about the FAP, go to The Family Advocacy Program and Confidentiality.
1 Department of Defense website, Family Advocacy Program
2 Family Advocacy Program Overview, “Eligibility requirements” section
Where could a victim report domestic violence within the military system?
The Services take the “no wrong door” approach when reporting domestic abuse. A victim may report domestic abuse directly to military law enforcement, the Family Advocacy Program (FAP), a healthcare provider, a chaplain, or the victim’s or abuser’s command. If the abuse is reported to someone working in another program or office who helps Service members, the victim should be referred to the proper support services.
Depending on who you report the abuse to, it will be considered either “unrestricted” or “restricted.”
Unrestricted reports
If you first report the abuse to military law enforcement or command, this qualifies as an unrestricted report and will result in an official investigation of the incident. Law enforcement and command are both also required to notify the FAP of the incident.
Restricted reports
A restricted report allows you to report a domestic violence incident without starting the investigation process or notifying anyone’s commander or supervisor. You can make this type of report if you are “eligible to receive medical care” from the DoD, which means you are an active-duty Service member or married to an active-duty Service member. A restricted report must be made to someone who is in a “named position,” which includes:
- a domestic abuse victim advocate (DAVA);
- a DAVA supervisor;
- a FAP clinical provider; or
- a health care or medical provider.
To learn more about what happens after making a restricted or unrestricted report, see If I tell someone in the military that I am experiencing abuse in my relationship, will it be kept confidential?
You may also choose to report domestic violence outside of the military system. Please see your state’s page in our Know the Laws - By State section to see how the civilian justice system handles domestic violence where you live.
If I tell someone in the military that I am experiencing abuse in my relationship, will it be kept confidential?
There are three groups of professionals who have been granted the authority to keep information about domestic abuse confidential under the “restricted” reporting option. They are victim advocates, Family Advocacy Program (FAP) clinicians, and medical professionals.1 However, even those three groups of professionals must report the abuse to military law enforcement and command if they believe that it is necessary to prevent or lessen a serious and immediate threat to your health or safety, or that of another person.1
You are also able to have privileged, confidential communications with a chaplain.
Making a restricted report to the FAP will still allow you to access victim advocacy services, such as safety planning, as well as medical treatment, without launching a criminal investigation or notifying command.
Reporting the incident to persons other than those mentioned above may result in a report being “unrestricted,” meaning that it will not be kept confidential. An FAP advocate can help you consider if, when, and how to make an unrestricted report and assist you in accessing additional services.
With an unrestricted report, you or any concerned person may notify command, the FAP, or military law enforcement about the abuse. Upon this report, an official command or criminal investigation of the abuse will start, and you and any other victims will have access to medical and clinical services.
You may also decide to seek help outside of the military, where different confidentiality rules may apply. Shelters and domestic violence agencies in your area can help you think through your options. To find help in your area, go to our Advocates and Shelters page and enter your state in the drop-down menu. Shelters near military installations are typically familiar with military and civilian policies and practices and can also help you access an FAP victim advocate if you decide to do so.
What are some possible punishments that a commander can bring against a Service member who commits abuse?
The Office of Special Trial Counsel (OSTC) has the exclusive power (authority) to determine if a domestic violence offense should be tried by a general or special court-martial. If the OSTC determines that the allegation will not be tried by a general or special court-martial, the matter will be sent (deferred) to the abuser’s commander. The commander can begin administrative discharge proceedings, including:
- administrative discharge from Service;
- nonjudicial punishment, which can include a reduction in rank and forfeiture of pay; or
- other administrative action.
Alternatively, the commander can decide that none of these are appropriate and not take any action.
Note: If the abuser is not a Service member, the commander has fewer options for holding the abuser accountable because civilians are not subject to the Uniform Code of Military Justice. The installation commander could bar the abuser from the installation. The commander may also encourage you to seek community legal services and remedies, such as a civil protection order (CPO), and to work with the Family Advocacy Program (FAP) to plan for your safety. It is important to note that the FAP will not make any recommendations or carry out any disciplinary or legal actions against abusers.
What options do victims have for protection orders? What are the major differences between a military protective order and a civilian protection order?
In both the military and civilian justice systems, you can seek a protection order requiring the abuser to stay away from you, your children, your home, your workplace, your school, and to not commit any violent acts against you. Civil protection orders have different names in the various states, but the military protective orders (MPOs) are consistently called that among all the Services. You can have both an MPO and a civil protection order (CPO) at the same time. An MPO cannot go against (contradict) or be less restrictive than a CPO.
However, the procedure for getting an MPO and a CPO and how long the orders may last are quite different in both systems. When a commander is issuing an MPO, the abuser does not have to be served with notice, does not have the right to a hearing, and does not have the right to testify. An MPO is issued by a commander to an active-duty Service member to protect a victim of domestic abuse, child abuse, or sexual assault and to control the abuser’s behavior. A victim, victim advocate, installation law enforcement officer, or a Family Advocacy Program (FAP) clinical provider may request that a commander issue an MPO. If you are concerned for the safety of your children while you seek safety from domestic violence, be sure to work with your victim advocate to address this issue.
If you have an MPO and you live outside the military installation, it is important to know that civilian law enforcement cannot legally enforce the MPO. However, MPOs must be entered into the National Crime Information Center database by military law enforcement, which makes them visible to civilian law enforcement. Civilian law enforcement may, but are not required to, contact the Service member’s command to inform them of the breach of an MPO. Civilian law enforcement can only legally enforce CPOs. See our Military Protective Orders section for more information on MPOs, including enforcement of MPOs.
Can victims in same-sex relationships receive help?
The Department of Defense’s eligibility criteria are the same for all individuals experiencing abuse, regardless of sexual orientation or gender identity.
If I am a civilian advocate who works with victims, what do I need to know?
The Department of Defense’s Family Advocacy Program provided the following information for accuracy. Inclusion of this information does not imply endorsement of WomensLaw.org by the Department of Defense.
For civilian advocates working with victims who are in the military or who are being abused by a service member, it is important to know that the DoD does not tolerate domestic violence. DoD seeks to prevent and respond to all cases of abuse through the Family Advocacy Program (FAP). An FAP is located at every military installation in the U.S. and overseas where families are assigned. However, DoD recognizes that families and individuals seeking help for abuse have the right to choose which services work best for them, including civilian programs outside of the military. DoD partners with civilian domestic violence programs and community-based advocates to protect victims, lessen the impact of abuse, and give victims a choice in their path to safety.
In the military, commanders have a broad range of authority over service members. Victims of domestic violence, whether active duty or civilian, may be reluctant to report abuse due to concerns of loss of privacy, potential repercussions to the service member’s career, and the potential impact on the family’s financial security. Additionally, when military and/or civilian authorities fail to take appropriate action following a report of domestic violence, the abuse might happen again, and it could be worse. The possibility of retaliation can keep the victim from seeking help or reporting the domestic violence incident. DoD policy provides several reporting options and services to address these concerns and encourage victims to seek help, as outlined in Where could a victim report domestic violence within the military system?
Will the military take away the abuser's firearms?
If the abuser has a misdemeanor conviction for domestic violence or a felony conviction in a civilian court, a conviction for most offenses at a general court-martial, or a conviction for domestic violence at a special court-martial, then it is unlawful for that person to possess firearms. Certain CPOs may also make it illegal for a person to possess a firearm.1 In these situations, the military will:
- remove any government-issued firearms and ammunition;
- suspend or take away the abuser’s right to have government-issued firearms and ammunition; and
- tell the Service member to get rid of any personally owned firearms and ammunition due to it being illegal to have them.2
A Service member or civilian employee of the military can also be placed on a “do not arm” list for a variety of other reasons, which would temporarily prevent access to government-issued firearms. If they are not placed on a “do not arm” list, Service members may continue to use firearms in the line of duty even if subject to a CPO, but not following one of the criminal convictions mentioned above.3
If you have an MPO and you are concerned about the abuser’s access to firearms, you can work with your FAP victim advocate to create a safety plan to reduce your risk. You may also want to file for a civil protection order (CPO), which can make it illegal for the abuser to have firearms.
1 18 U.S.C. § 922(g)
2 See Department of Defense Instruction 6400.06
3 18 U.S.C. §§ 925(a)(1); 922(d)(9), (g)(9)
The Family Advocacy Program and Confidentiality
What is the Family Advocacy Program (FAP)?
The Family Advocacy Program (FAP) is the Department of Defense (DoD) program that addresses domestic abuse, child abuse, and child neglect. The FAP works in coordination with key military and civilian agencies to prevent abuse, encourage early identification and prompt reporting, promote victim safety and empowerment, and provide appropriate treatment for affected Service members and their families.
To find the FAP or domestic abuse victim advocate closest to you, search by zip code or military installation on the DoD Domestic Abuse Victim Advocate Locator.
What happens after the FAP receives a report of abuse?
If you are an adult victim who reports abuse to the Family Advocacy Program (FAP) and you want the report to be restricted, FAP will not notify law enforcement and command and there will not usually be an official investigation of the allegation. There are, however, exceptions in cases of severe risk of immediate harm to you or another person.
If someone other than the victim, or their medical provider, reports abuse to the FAP, it is considered an unrestricted, non-confidential report. In this case, FAP clinical providers will talk to the victim and the abuser separately about the incident to determine the risk for further abuse, develop a safety plan, and recommend counseling or treatment options, if appropriate. An FAP counselor will also inform the victim’s command or the abuser’s command, and military law enforcement.
Next, information about the report will be presented by the FAP to an Incident Determination Committee (IDC). The IDC is made up of a senior command representative in charge of the installation or garrison, the victim’s command and the abuser’s command, representatives from military law enforcement personnel, representatives of the Staff Judge Advocate, and the FAP. Following the presentation of the domestic abuse incident(s), the IDC will vote to determine whether the incident(s) meet the DoD definition of abuse. Additionally, and during a separate process independent of the IDC or its outcome, a team of FAP clinicians and other stakeholders will make recommendations for treatment.
Note: The IDC is an administrative process and not a forum to determine or recommend any disciplinary action or treatment, or to determine guilt. It is not a criminal proceeding. It is a process to determine whether an incident of abuse meets the DoD definition of abuse so that the DoD can understand the rate of abuse.1 A separate but parallel process may also take place involving military law enforcement, the Staff Judge Advocate, and the Office of Special Trial Counsel to investigate and prosecute cases of domestic abuse that involve acts of violence, a threat of violence, or the violation of a protective order.
To see what other services the FAP will offer, go to I am experiencing abuse in my relationship. How do I go get help in the military system?
1 See Department of Defense Manual 6400.01, Volume 3 (FAP: Clinical Case Staff Meeting and Incident Determination Committee), incorporating change 1, July 16, 2021.
If I report domestic abuse, could my report affect the abuser’s job?
Every situation is unique and will be handled as such. However, when a Service member stops abusive behavior, follows treatment recommendations, and works to achieve more positive relationships, those are positive factors to be considered by the Service member’s command. With treatment, many Service members can make the long-term changes necessary to avoid future abusive behavior and continue a successful military service.
Service members who continue abusive behavior, fail to follow treatment plans, or cause serious injury to a spouse, partner, or family member may be subject to administrative discharge, court-martial proceedings, or other unfavorable personnel actions. Such determinations are made by the Office of Special Trial Counsel or the Service member’s chain of command in connection with the military justice system.
Getting Other Help
If I leave my spouse/partner due to domestic abuse, is there any financial compensation available to me through the military?
If you are no longer living with your abusive Service member spouse because s/he has been separated from the military due to domestic abuse or a child abuse offense, you and your child might qualify for the Transitional Compensation (TC) Program. The TC Program provides for financial, medical, dental, grocery (commissary), and other goods/products (exchange) privileges to eligible dependents of Service members.
Note: Unmarried intimate partners are not considered dependents of the Service members and therefore do not qualify for transitional compensation on their own. However, children of unmarried parents may qualify for the TC Program if they are victims of child abuse or neglect by a Service member parent. If a child qualifies, then TC payments could be made to the non-abusive parent.
You may be eligible for TC if:
- the Service member has served at least 30 days on active duty;
- you are not living with your current or former spouse, or you are the child of a Service member;
- you or your abused child were living with the Service member when the abuse occurred; and
- one of the following is true:
- the Service member’s commander has begun administrative separation from active duty procedures against the Service member due to abuse of a family member; or
- the Service member was convicted by court-martial of an abuse offense and either:
- s/he is separated from active duty as a result of the conviction; or
- s/he is sentenced to forfeiture of all pay and allowances.1
The TC payments are made once a month for up to 36 months and will begin on the date when:
- the administrative separation action starts; or
- the court-martial sentence is given, if the sentence is a dismissal, dishonorable discharge, or total forfeiture of pay and allowances.1
You will no longer be eligible to receive transitional compensation benefits if:
- you remarry;
- you resume living with the Service member;
- the abuser’s conviction is set aside or the sentence is reduced and no longer includes a dismissal, dishonorable or bad conduct discharge, or forfeiture of all pay and allowances; or
- the administrative separation is disapproved.1
If the commander is considering separating the abusive Service member from the military, you may want to check with your FAP victim advocate to make sure the commander prepares the appropriate documentation for you to receive TC benefits. The FAP can also help you to find out what the monthly compensation amount will be for you and your family.
Note: Even if you do not qualify for the TC Program, military service regulations require Service members to provide “adequate support,” which includes child support, to their family members. You can talk to the installation legal office for more information.
1 See DoD Instruction 1342.24, Transitional Compensation for Abused Dependents
If I am stationed overseas, where can I get help for domestic abuse?
Domestic abuse victims may become more vulnerable when stationed overseas since there are likely to be fewer resources available both on and off the installation. However, the Family Advocacy Program (FAP) does provide services outside of the United States. You can find information about the FAP by searching for your installation online at the Military One Source website.
You can also find your closest domestic abuse victim advocate by going to DoD Domestic Abuse Victim Advocate Locator on Military OneSource.
In addition, Pathways to Safety International provides support to victims of gender-based violence with a special focus on obstacles American survivors face overseas. You can also find organizations that help victims overseas on our National Organizations - International page.
If your spouse/partner is a civilian, which includes government employees, civilian contractors, or family members of a Service member, the military may still act if s/he commits a domestic violence offense that would be punishable by more than one year in prison if committed within the United States. The abusive civilian spouse/partner can be prosecuted:
- in a court in the host nation where you are stationed;
- by the Department of Justice, in a federal court in the U.S. if the host nation declines to prosecute; or
- by the military through the Uniform Code of Military Justice if the person harming you is a Service member.1
Note: If you are a civilian and your spouse is a Service member who is being relocated overseas, the military does not require you to relocate overseas with him/her. If you have relocated overseas, are the victim of abuse, and your safety is at risk, you can request relocation to the United States through the “early return of dependents” option by contacting the Service member’s commander. The military may pay to transport household items and a vehicle that is titled in your name or the Service member’s name when you relocate back to your home location.
1 18 U.S.C. § 3261
Where can I find additional resources?
For military-specific and veteran-specific resources, go to our National Organizations - Military page.
Military Protective Orders
Basic info about military protective orders (MPOs)
What is a military protective order (MPO)?
A military protective order (MPO) is an order issued by an active-duty Service member’s command that can prohibit the Service member from contacting or communicating with a protected person or members of the protected person’s family or household. It is a tool that can be used by command to help keep you and your children safe if you have experienced domestic abuse or your child has been the victim of child abuse by a Service member. You, a victim advocate, an installation law enforcement agency, or Family Advocacy Program (FAP) clinician can ask the commander to issue an MPO.
An MPO is enforceable by the Service member’s commander. When the Service member is transferred to a new command, the commander is required to notify the new command of the order and recommend the continuation of the MPO when it is still needed.
Therefore, if you believe that an MPO is still necessary for your protection, be sure to contact the commander who issued the MPO or have your victim advocate or the FAP contact the commander on your behalf.
Note: If the new command decides to continue the MPO after the transfer, it is the commander’s responsibility to notify civilian authorities of the MPO.
Who is I eligible to get a military protective order (MPO)?
If you or your child are the victim of domestic abuse or child abuse, you can request an MPO against an active duty member of the military who you believe has harmed you or your children and who is:
- your current or former spouse;
- your current or former intimate partner who you share or have shared a home with;
- someone you are or have been in a romantic or intimate partner relationship with; or
- someone you share a child in common with.1
Ultimately, it would be up to the commander to order an MPO if s/he has a reasonable belief that the MPO is necessary for your safety.
What protections can I get in a military protective order (MPO)?
The MPO can make the Service member do certain things and can also prohibit certain behaviors. MPOs may order the abuser, referred to as “the subject,” to:
- have no contact or communication with you or members of your family or household, including:
- face-to-face;
- by telephone;
- in writing;
- by email;
- through social media; or
- through a third party;
- stay away from the family home, whether it is on or off the installation;
- stay away from your children’s schools, child development centers, youth programs, and your place of employment;
- move into government quarters (barracks);
- leave any public place if you are in the same location or facility;
- do certain activities or stop doing certain activities;
- attend counseling; and
- surrender his/her government-issued weapons.1
Commanders may tailor the order to meet your specific needs so be sure to let the commander know what would best protect you.1
Civilian abusers are not subject to MPOs. They may only be subject to a civil protection order (CPO) issued by a state or tribal court. However, an installation commander can bar the civilian abuser from the installation, which could help to protect you if you live on the installation.1
Make sure that you get a copy of the MPO from the commanding officer so that you are aware of restrictions placed on the Service member. It is important you have it with you at all times.
How long does an MPO last?
The time frame of an MPO is indefinite, meaning there may not be a specific end date written on it. This means that it will last until the commanding officer terminates the order. 1
The commanding officer may review the MPO at any time to change or end (terminate) it.
When the Service member is transferred to a new command, the commander is required to notify the new command of the order and recommend the continuation of the MPO when it is still needed. Additionally, the new command is required to notify civilian authorities of the MPO.1
Can my pet be included in an MPO?
Military-connected victims may request that their military protective order (MPO) include pet protection by mentioning their animals under Section 7(m), “Other specific provisions of this order” on DD Form 2873. Victims may also choose to include information regarding pets, including threats or harm to animals by the abuser, under Section 5 of the MPO form, “Information supporting issuance of this Military Protective Order.”1
The Uniform Code of Military Justice (UCMJ) recognizes how an abuser might use pets as a means to intimidate and threaten victims, and it makes communicating threats to injure a victim’s pet a crime.2
1 Military Protective Order, DD FORM 2873, February 2020
2 10 U.S.C. §§ 928b - Art. 128b; 915 - Art. 115
Getting and enforcing a military protective order (MPO)
What are the steps for getting an MPO?
A Family Advocacy Program (FAP) victim advocate can support a victim in requesting that an MPO be issued by a commander. Any of the following people can also ask the commander to issue a military protective order (MPO):
- a victim of abuse;
- a victim advocate;
- installation law enforcement; or
- a Family Advocacy Program (FAP) clinician.
On the Military One Source website, you can find FAP contact information or use the DoD Domestic Abuse Victim Advocate Locator to find a local domestic abuse victim advocate. To read more about the process for getting an MPO issued, go to What will the process be like for getting an MPO? Will I have to be in the same room as the abuser?
Once an MPO is issued, you should receive a copy of the MPO from the commander. Be sure to ask for a written copy if you don’t receive one.
The military police, the Judge Advocate General’s office, the Military Criminal Investigative Organization, or the FAP are all resources you can contact for guidance. For more information on how to get help for domestic abuse, go to I am experiencing abuse in my relationship. How do I get help in the military system?
What will the process be like for getting an MPO? Will I have to be in the same room as the abuser?
Unlike civil court, there is no trial or hearing when a military protective order (MPO) is issued. Therefore, you will not have to appear in front of a judge, testify in front of the abuser, or even be in the same room as him/her.
The commander is the one who decides whether or not to issue an MPO. The commander may or may not meet with you before issuing the MPO. Often times, the victim advocate or the Family Advocacy Program (FAP) clinician may call the commander on your behalf to ask for the MPO. If you feel it is important to speak with the commander directly, you may contact his/her office to request an appointment. The appointment may take place in the commander’s office, at the FAP office, or another place where you can speak freely to the commander. If the commander has a reasonable belief that an MPO is necessary for your safety, s/he will issue one. You may also consider getting a civilian protective order (CPO) in addition to an MPO.
How much does an MPO cost?
There is no cost to get a military protective order (MPO).
What can I do if I am not granted an MPO?
Usually, commanders will issue a military protective order (MPO) if the Family Advocacy Program (FAP) recommends it as part of its safety and risk assessment. However, if you are not granted an MPO, you may still be eligible for a civil protection order issued by the civil court in the state where you live. It may also be possible to escalate your request for an MPO up the chain of command, starting with the commander’s immediate superior in command (ISIC).
Visit our Restraining Orders page to find out if you may be eligible for a civil protection order.
What can I do if the abuser violates the MPO?
If the abuser violates the military protective order (MPO) while s/he is on the installation, you can call the military police at the Installation Law Enforcement Office. Installation Law Enforcement will then notify the Service member’s commander.
If you are off the installation and you are in danger, you can call 911 to reach the civilian police. Although the civilian police cannot enforce the MPO, they can arrest the abuser if a crime is committed under the state’s penal law. You can also ask the civilian police to contact Installation Law Enforcement regarding the violation of the MPO.
You may also want to contact your Family Advocacy Program (FAP) victim advocate to report the violation of the MPO, as this may suggest that the level of risk for further abuse has increased.
It is important to also consider getting a civil protection order if you are concerned for your safety.
A violation of an MPO, on or off the installation, is disobedience of a direct order, which is a serious offense within the military. The abuser can be prosecuted under Article 92, Failure to Obey Order or Regulation of the Uniform Code of Military Justice. Depending on a number of factors, a violation of an MPO may result in non-judicial punishment, court-martial proceedings, or other disciplinary measures.1
For information on what happens if the Service member violates the MPO off of the installation, go to Are MPOs and civil protection orders (CPOs) valid wherever I go?
Military protective orders and civil protective orders
What are the major differences between a military protective order and a civilian protection order?
In both the military and civilian justice systems, you can seek a protection order requiring the abuser to stay away from you, your children, your home, your workplace, your school, and to not commit any violent acts against you. Civil protection orders have different names in the various states, but the military protective orders (MPOs) are consistently called that among all the Services. You can have both an MPO and a civil protection order (CPO) at the same time.
However, the procedures for getting an MPO and a CPO and how long the orders may last are quite different. When a commander is issuing an MPO, the abuser does not have to be served with notice, does not have the right to a hearing, and does not have the right to testify. Military protective orders are indefinite, which means they will last until the commanding officer terminates the order or issues a replacement order.1 An MPO can also terminate if a Service member is transferred to a new command, because the MPO is specific to the command that issued it.2
1 10 U.S.C. § 1567
2 Department of Defense Instruction, Number 6400.06
Are MPOs and civil protective orders (CPOs) valid wherever I go?
Whether or not an order is enforceable wherever you go depends on the type of order.
Military Protective Orders
An MPO will not be directly enforced off the installation by civil courts or civilian police. The civilian police may, however, contact the military law enforcement to refer the case to them for further action. Regardless of whether there is a law enforcement response at the time of the violation, it is still a violation of a command order to violate an MPO off the installation. It is at the commander’s discretion how to discipline a Service member for an MPO violation.1
MPOs must be entered into the National Crime Information Center database by military law enforcement, which makes them visible to civilian law enforcement. MPOs are enforceable in locations that would be beyond a CPO’s jurisdiction, such as outside of the United States. See What can I do if the abuser violates the MPO? for more information.
Civil Protection Orders
According to military rules, Service members are supposed to follow a CPO even while on the installation. Commanders and law enforcement officers are supposed to take “all reasonable measures necessary” to ensure that a CPO is given full force and effect on all installations. Active duty Service members who fail to follow a CPO may be subject to administrative and disciplinary action under the Uniform Code of Military Justice. The civil court judge who issued the CPO may also be able to punish the abuser for a violation of the CPO even if it occurred on base. Also, civilians who violate a CPO, including Department of Defense civilian employees, may be barred from the installation.1
Do I need both an MPO and a CPO?
It may be a good idea to try to get both a military protective order (MPO) and a civil protection order (CPO) so that you are protected as much as possible. Many military families live off of the installation. Even those who do live on the installation will frequently leave it to shop, attend school, work, visit friends, or go to restaurants. Given the limitations on MPO enforcement by civilian authorities off the installation, and the fact that the MPO may not limit the purchase of a firearm by the Service member, it may be best to consider seeking a CPO as well as an MPO.
If you already have a CPO, you can still ask for an MPO, and vice versa. The terms of an MPO cannot go against (contradict) the terms of a CPO. In fact, an MPO could possibly place more restrictions on the abuser than a CPO. Also, an MPO could apply to the Service member even while s/he is outside the United States, unlike a CPO.1
Victim advocates in the Family Advocacy Program (FAP) and in a local civilian domestic violence agency can both be helpful in explaining the process for applying for a CPO in your area. You can also talk to a lawyer off the installation to see if you are eligible for a CPO and to possibly get representation in the court hearing. For legal referrals, go to our Finding a Lawyer page and enter your state into the drop-down menu. For information on how to prepare for a CPO hearing, go to our At the Hearing page.
