I recently filed a Motion in a Court-Martial asking for the military judge to terminate a Military Protective Order and grant relief because a commander unlawfully issued a Military Protective Order to one of his Marines. When the commander testified at the hearing, he stated that the Military Protective Order (or MPO) was issued as a “matter of course” because of the fact that an allegation of sexual assault had been made against the Marine.
MPOs have real consequences on individuals – they limit freedom of movement and have an emotional/psychological impact on the member. Unlike civilian protective orders, which require an adversarial hearing for the protective order to remain in effect beyond a period of days, there is no hearing and very few avenues to fight a baseless and unnecessary Military Protective Orders, especially without a skilled attorney. I have seen MPOs remain in effect for more than a year without any sort of due process or the required legal analysis to determine that the order is necessary and supported by the facts and circumstances.
There are avenues to fight Military Protective Orders, and, if you are accused of sexual assault or domestic violence, you should start fighting the MPO as soon as possible since you may not see the inside of the courtroom for more than year, or perhaps never.
MPOs tarnish reputations, put careers on hold, interfere with possible reconciliation between spouses, and place a member at risk of punishment for benign conduct.
If you have been issued a Military Protective Order, begin the fight today by contacting Korody Law, P.A. We represent service members worldwide who have been issued MPOs based on false or exaggerated allegations of rape, sexual assault, and domestic violence. Attorney Patrick Korody is a former Navy JAG who was certified by the Judge Advocate General of the Navy as a Military Justice Specialist. The firm offers a free, initial consultation.