Posted on Nov 26, 2017
Can a "no contact" order be emplaced simply based off of allegations?
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Law
Misconduct
JAG
Posted 7 y ago
Responses: 8
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The real question is it a legal order? Let's put it this way. If you are given an order, then you disobey it, and the result is a PR cluster that stains the service reputation, good luck arguing legality of the order after the fact. A JAG visit up front may determine the validity/invalidity. Even if invalid, there's the issue of the right thing to do given circumstances and the risk of creating that cluster. Doing things that the bosses conclude is dumb (read creates unnecessary overhead) tends to shorten a career.
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As a police officer, we see ex parte orders a lot. The petioner will fill for a PPO (Personal Protection Order) and it is immediately entered in the LEIN (Law Enforcement Information Network). The respondent has 2 weeks to have a hearing to fight the PPO.
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PFC Michael Korach
It's always best to seek legal advise and not violate the order until you have had a chance to appear before the court that issued the order and argue the validity of it. In Ohio orders can be issues on an emergency basis with us hearing scheduled shortly thereafter.
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Sgt George Closser
Capt. Gregory Prickett, that is a good point, I failed to mention that was how each state has it's own laws and rules concerning no contact order, but an important thing to know is that all states recognize and honor orders from other states as if they were issued in their courts.
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Sgt George Closser
Of course, PFC Michael Korach is absolutely correct, get legal advice before doing something that will violate the order.
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CPT Lawrence Cable
To clarify for the SSG on his original question, Yes. A person can file a PPO or EPO with no proof other than their word and it will be legal no contact until a hearing on the matter is conducted, then it's up to the Judge. Follow the advice here and contact legal services.
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MAJ (Join to see)
If your commander gave you a no contact order, don't waste your time at least until the investigation is complete. Commanders have wide range of authority for no-contact orders, you'll need a rock solid case for JAG to even entertain the thought.
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