Think a military protective order is just like a civilian restraining order.
Wrong.
It can last indefinitely and keep you away from your family.
I'm Cody Harnish, UCMJ attorney.
You see, unlike civilian restraining orders, which require a court hearing, military protective orders or MPOs are issued at the discretion of your commander, and they can last indefinitely.
Meaning like forever.
No trial, no hearing, no chance to present your side.
You could be barred from going to your own home, prevented from seeing your children, talking to your spouse, based solely on an allegation and your commander's order.
But here's where it gets tricky.
The Constitution, you know, the document that you're fighting for and some of your buddies died for.
Well, that protects your fundamental right to privacy and family life.
The Supreme Court stated “a parent's desire for and the right to the companionship, care, custody and management of their children is an important interest that undeniably warrants deference, and absent a powerful countervailing interest, protection.”
What sucks is MPOs are generally considered be lawful orders.
Under the UCMJ to protect good order and discipline.
But their legality becomes questionable when it solely impacts your personal family life.
Without a direct military necessity, the line between a lawful order and an overreach of authority gets blurred when your fundamental rights are at stake.
So what can you do?
First, ask your commander for a modification, a reasonable modification, and document those requests.
Second, gather evidence.
Document how this MPO is affecting your family life and how it lacks connection to any military necessity or duty, and seek counsel.
An experienced military attorney can advocate for your behalf.
And show why this MPO is unnecessarily invasive and may exceed its legal boundaries.
What's crazy is that Congress and the president have not put in the law, in the UCMJ a mechanism for a military judge, to overrule an MPO.
So if things really get hairy, consider a 138 complaint against your command.
An MPO isn't just a piece of paper, it can control you, your family, and your personal life indefinitely.
Like, share, comment, or follow for more information on military law. And in the meantime,
I'm going to be defending America's defenders.
At Harnish Law, PLLC, we are committed to providing exceptional legal representation for U.S. military service members worldwide. UCMJ Lawyer across all branches of the military.
DEFENDING AMERICA’S DEFENDERS
Comments