A military no contact order is comparable to a civilian restraining order. It is issued by a service member’s commanding officer when there have been reports of domestic violence or abuse. If misused, also like a civilian restraining order, it can also be used against a service member to gain the upper hand in custody issues and/or a divorce.
In the civil legal system, a person needs to show some kind of evidence of abuse to be granted a restraining order. That’s not true if the alleged abuser is in the military and the person who claims to be abused makes a report to the commanding officer. The military can take the view that the alleged abused is guilty until proven innocent.
This order requires that the military member can have no contact with their spouse or children without being escorted by someone in their chain of command. Additionally, the service member will be required to move out of their home, and move into base housing on post.
During this period, it is possible for the service member’s spouse to remove their children and belongings from their residence, and even move out of the state. This could have a serious emotional impact on the service member, especially if the abuse allegations are not true. Not following the order could potentially result in a court martial and do serious damage to a military career.
If you’re a military member facing domestic abuse, child custody or divorce issues, contact our office for a free consultation.