A domestic abuse incident occurs on a military installation between spouses (which could include a sexual assault), and the command issues a No Contact Order (NCO) instead of a Military Protective Order (MPO).

Is there any difference or benefit?

Both MPOs and NCOs can be enforced internally by command, and violations of either can constitute a violation under the UCMJ, Article 92 (Failure to Obey an Order). Both can be enforced on base, but neither can be enforced off base.

So, does it really matter? Short answer: YES.

Under 10 U.S.C. § 1567a and DoDI 6400.06, the command must notify the civilian law enforcement agency if an MPO is issued and the protected person resides off base. This notification occurs through entry into the National Crime Information Center (NCIC) database. This ensures civilian authorities are aware of the MPO’s existence when the protected person lives within their jurisdiction.

If an incident occurs off base, the information is readily available to civilian authorities, allowing them to notify military law enforcement of any potential violations that occur off base.

What if the spouse still lives on base?

There is no requirement for an MPO to be entered into NCIC if the protected person resides on base, and no notification requirement for NCOs, as neither order is enforceable off base. There is also no requirement to report to civilian authorities.

Though not mandatory, a request should still be made to the Military Criminal Investigative Organization (MCIO) to enter the MPO in NCIC. That way, if a violation occurs while the protected person is off base, the information remains accessible to civilian law enforcement.

Best Practice:

  1. Obtain a No Contact Order first, as it is quick and immediate.
  2. Follow with a Military Protective Order (MPO).
  3. Seek a Civilian Domestic Violence Protective Order (DVPO) to ensure enforcement and protection in all jurisdictions.

The Reality:

Ruth's Truth: In the spirit of Domestic Violence Awareness Month, victims often lack money, transportation, and access to support systems. Especially now, agencies and advocates—including military advocates - do not have the resources or authority to provide transportation or direct assistance to seek civilian protective orders. An MPO at least gives local civilian authorities visibility into existing protection measures, which can be critical if a victim is stalked, assaulted off base, or wrongfully accused by the offender. With only a NCO this visibility and protection are lost.