A No Contact Order: Military Members May Not Have Any Contact With Their Alleged Victim

Interviewer: When you’re accused, I would imagine you’re not allowed to have any contact with the victim. Is there any official order issued barring you from any contact?

Chris Cazares: This applies to speaking of things individuals do that can impede their case. Almost immediately after a sexual assault has been reported, the commander will put what is called a ‘no contact’ order in place. That generally applies to both the complainant and to the accused. They’re not supposed to have any contact with one another.

Table of Contents

• Understanding the Military No-Contact Rule
• Violating the No Contact Order will Result in an Additional Charge
• The Number Assault and Battery Charges Directed at Military Members Have Been Gradually Increasing
• Deployment Can Result in Stress to Military Members and Their Families
• The Military Has Different Criteria for Domestic Violence
• Distinction Between Military Protective Orders (MPO) and Civilian Protective Orders (CPO)
• How Long Does an MPO Last?
• What Happens During the No-Contact Period?
• Conclusion
• FAQs on Military No-Contact Orders

Understanding the Military No-Contact Rule

The military no-contact rule is an official order issued by a commanding officer to prevent any form of communication between an accused service member and their alleged victim. Its primary purpose is to protect the complainant during the investigation, ensuring there’s no interference, intimidation, or tampering with the process. The rule typically applies to both direct communication, like face-to-face interactions or phone calls, and indirect communication, such as text messages or social media posts.

When is the No-Contact Rule Issued?

A no-contact order is usually issued immediately after a report of misconduct—such as sexual assault, harassment, or domestic violence—is made against a service member. The commander enforces the order to prevent any further contact between the accused and the alleged victim while the case is being investigated. This order ensures the protection of both parties and maintains the integrity of the investigation.

Violating the No Contact Order will Result in an Additional Charge

Often times whether it’s through Facebook, Twitter, text messages, individuals believe that nobody will know that they’re trying to contact the other individual. It ends up coming back to bite them because they will be charged with additional misconduct of disobeying a lawful order.

Interviewer: What happens if you’re working in the same physical area as the victim?

Chris Cazares: That’s one of the things the unit generally takes care of right away. They reassign the individuals to different sections, and they put them in different commands in order to alleviate that issue.

Interviewer: Domestic violence is an off-shoot of this, is that right?

Chris Cazares: Yes.

Interviewer: What is it referred to in the military, sexual battery?

Chris Cazares: Assault and battery. It’s just a different form of assault.

Interviewer: It’s not sexual assault or a sex crime instead it is assault on a family member?

Chris Cazares: It is assault, but it falls under a different article, I believe it is Article 128.

The Number Assault and Battery Charges Directed at Military Members Have Been Gradually Increasing

Interviewer: Do you know how many cases there are? Are they rare?

Chris Cazares: I think that they’re increasing particularly over the last ten years. One of the greatest stresses on a military member is deployment. Often times it leaves families and relationships in shambles.

Deployment Can Result in Stress to Military Members and Their Families

Individuals will come back from war zones and they will be in situations where they’re not able to communicate effectively with their spouse and children. One way or the other, some type of domestic violence occurs or is alleged and from there it goes to the investigative stage.

Interviewer: Do you see it happen more when people come back after being deployed or do you see it as the result of other scenarios?

Chris Cazares: I think deployment is probably the most common. The second is PTS, when military members are changing duty stations from one to another. Any time there is a high stressor around the family, that’s when domestic violence is at risk of occurring.

Then on the flip side, when someone is falsely accused of domestic violence it usually the stressor. If you looked at the stressors of two married individuals, you’re going to find a reason why someone needed to fabricate a truth.

The Military Has Different Criteria for Domestic Violence

Interviewer: In the domestic violence cases you see, what constitutes domestic violence versus a regular assault? Is it only against a wife or could be a brother or sister? Is it anyone living in their home?

Chris Cazares: It’s different than what we see in civilian statutes. It really does get charged just as an assault, so there’s no specific Article that pertains to abuse of family members.

Distinction Between Military Protective Orders (MPO) and Civilian Protective Orders (CPO)

While both Military Protective Orders (MPO) and Civilian Protective Orders (CPO) are designed to protect individuals, they differ in their scope, enforcement, and jurisdiction.

• Military Protective Orders (MPO): An MPO is issued by a commanding officer in the military to prevent contact between a service member and the alleged victim, specifically within a military setting. MPOs apply on military installations and fall under the jurisdiction of military law. These orders are issued swiftly, often as an immediate response to an accusation, and remain in effect throughout the investigation or legal proceedings.
• Civilian Protective Orders (CPO): A CPO, on the other hand, is issued by a civilian court and is enforceable both on and off military bases. CPOs are typically used in cases involving domestic violence or harassment where the alleged victim may be a civilian. Civilian law enforcement agencies handle the enforcement of these orders, and they are valid in both civilian and military environments, often with a longer duration than MPOs.

When Each is Applicable:

• MPOs are typically issued when both parties are military personnel or when the incident occurred on a military base. These orders are enforced by military authorities.
• CPOs are issued by civilian courts and are often used when the alleged victim is a civilian, or the incident took place outside military jurisdiction.

How Long Does an MPO Last?

The duration of an MPO depends on the circumstances of the case. An MPO generally stays in effect until the commander decides it is no longer necessary. This might be once the investigation concludes or if the commander determines the alleged victim is no longer at risk. In some situations, an MPO may be extended if there’s a continuing need for protection, particularly if the case is still under investigation or if new concerns arise about the safety of the alleged victim.

Conditions for Extension:

• Ongoing investigations or unresolved legal proceedings.
• Continued or heightened risk to the alleged victim.
• Additional evidence or developments that warrant further protection.

What Happens During the No-Contact Period?

When a no-contact order is in effect, the military takes several steps to ensure that the accused and the alleged victim comply with the restrictions and avoid any form of contact. The goal is to prevent any further issues or confrontations that could compromise the investigation or the safety of those involved.

1. Reassignment of Personnel: If both the accused and the alleged victim work in the same unit or share a common work environment, the military will often reassign one or both parties to different locations or roles. This physical separation reduces the chances of accidental encounters or conflicts.
2. Changes in Living Arrangements: In cases where the accused and the alleged victim live in the same housing facility, such as military base housing or shared accommodations, the accused may be required to move to separate housing. This ensures that the alleged victim can feel safe and secure in their living environment.
3. Restrictions on Communication: The no-contact rule prohibits any form of direct or indirect communication between the accused and the alleged victim. This includes phone calls, text messages, emails, social media interactions, and even attempting to communicate through mutual friends or family members. Violations of these restrictions are taken seriously and can result in additional charges under the Uniform Code of Military Justice (UCMJ).
4. Monitoring and Enforcement: Commanders closely monitor compliance with no-contact orders to ensure that the accused is following the terms. Any attempts to contact the alleged victim, even indirectly, are considered violations. If a violation occurs, the accused could face further disciplinary action, including additional charges for disobeying a lawful order.
5. Support Services for Both Parties: During the no-contact period, both the accused and the alleged victim may be offered support services, such as counseling or mental health resources. This is particularly important for service members returning from deployment or experiencing post-traumatic stress disorder (PTSD), as these factors can add to the emotional strain of the investigation. These services help both parties manage the stress of the situation and maintain their well-being throughout the process.

Conclusion

The military no-contact rule plays a crucial role in protecting both alleged victims and the integrity of ongoing investigations. By clearly defining the restrictions, enforcing reassignment, and offering support services, the military ensures that no-contact orders are followed and that justice can proceed fairly and without interference. Understanding the difference between MPOs and CPOs, as well as the procedures in place during a no-contact period, helps service members and their families navigate these challenging situations more effectively.

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FAQs on Military No-Contact Orders