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A few weeks ago my wife and I had an argument about 0230 and she called the MPs to talk to and calm me down, not knowing how serious they take issues. I have a few charges against me, which both CID and FAP says it doesn’t seem they will stick, but the situation is still under investigation. Earlier this week my CDR implaced an MPO against my wife’s wishes; she told CID, FAP, SVC, and the CDR that she doesn’t want an MPO against me. We have a three month old and she’s going through postpartum depression alone, as I am to stay away unless I have an escort. We are allowed telephone communication. Again, my wife doesn’t want the MPO and has requested the CDR to remove it and get me back home, but it was denied. The charges are accusations and I’ve not seen any type of trial; only an interview with CID and counseling with the CDR. I am seeking help/answers.
1. Can the MPO be rescinded by request of the victim?
2. Should the MPO have been implaced with only accusations and unfounded evidence?
My wife and I have resolved the issues we had and are working on strengthening our marriage. I am not a danger to her or our child, who also is in protection. My wife can confirm. The command team is aware of the parenting situation, and I was command referred to FAP; but have been going for my family’s sake. The situation is only making our marriage worse.
1. Can the MPO be rescinded by request of the victim?
2. Should the MPO have been implaced with only accusations and unfounded evidence?
My wife and I have resolved the issues we had and are working on strengthening our marriage. I am not a danger to her or our child, who also is in protection. My wife can confirm. The command team is aware of the parenting situation, and I was command referred to FAP; but have been going for my family’s sake. The situation is only making our marriage worse.
Career Counselor
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JAG
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Edited >1 y ago
Posted >1 y ago
Responses: 7
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Military Protective Order (MPO) is a written lawful order issued by a commander that orders a Soldier to avoid contact with those persons identified in the order. It does not have to be requested by the victim.
1. No, the victim has no say in the MPO being initated or removed. It is a command order.
2. A MPO is a preventive course of action to prevent things from getting out of control (keeping you from going to jail). The MPs being called is enough for the commander to take action.
Once the 'cooling off' period or FAP case is resolved, there should be no reason to keep the MPO in place.
FAP is ALWAYS involved, and a case is initiated, when the MPs get called for domestic issues. I've sat on multiple board pannels.
1. No, the victim has no say in the MPO being initated or removed. It is a command order.
2. A MPO is a preventive course of action to prevent things from getting out of control (keeping you from going to jail). The MPs being called is enough for the commander to take action.
Once the 'cooling off' period or FAP case is resolved, there should be no reason to keep the MPO in place.
FAP is ALWAYS involved, and a case is initiated, when the MPs get called for domestic issues. I've sat on multiple board pannels.
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My wife stated to everyone she spoke to that she only wanted them to talk. When I PCSd to where I am, we were not given resources. We now have them and know who to call, I have a cousin whom I've informed about the situation and she told my wife to call her next time(in military also.) In short, we've solved our issues and she's going through postpartum bad, but she's holding on. I can't even help with the baby as he is on the order also. We both tried talking to my command, but they're not taking everything into consideration.
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You have to look at this from the perspective of the commander. There are many couples who are terrible for each other. They're like moths to a flame, they can't stay apart and something always ends up on fire. Many, many, many spouses in toxic relationships have requested an MPO to be lifted. Many spouses in toxic relationships go back to their abuser, go back and abuse, or go back and both keep fighting. The commanders job is to prevent that from happening. Your spouse can say they are fine now, but how many other spouses have said the same thing only to have the MPs show up after a night of drinking? A lot. A whole lot. Prior performance is indicative of future behavior. So, that's why commanders keep MPOs in place until they feel comfortable all family members are safe.
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The Commander giveth, and the Commander taketh. Since the Commander is the one that initiated it, only the Commander can rescind it. Did your Commander say how long the MPO will be in effect for?
What is probably happening is that there is an investigation running concurrent with the MPO. If, at the end of the investigation by the IO there is nothing found that substantiates the accusations, then the MPO will/can be removed. You haven't seen a trial because there are no official charges. Again, right now there is an investigation. You have to realize and remember that the Army does not take lightly any smell of possible spousal abuse. Do you live on or off base?
What you need to do is go talk to JAG/TDA to get proper legal guidance/advice.
What is probably happening is that there is an investigation running concurrent with the MPO. If, at the end of the investigation by the IO there is nothing found that substantiates the accusations, then the MPO will/can be removed. You haven't seen a trial because there are no official charges. Again, right now there is an investigation. You have to realize and remember that the Army does not take lightly any smell of possible spousal abuse. Do you live on or off base?
What you need to do is go talk to JAG/TDA to get proper legal guidance/advice.
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