How to Modify or Remove a Military Protective Order
How to Modify or Remove a Military Protective Order
A Military Protective Order (MPO) can turn your life upside down overnight. It can keep you out of your home, away from your children, and cut off from your belongings, often before anyone has heard your side of the story.
The good news is that an MPO is not necessarily permanent. The commander who issued it can change it or cancel it. The bad news is that there is no formal hearing or automatic review process, so getting it changed takes a deliberate, well-supported request. Here is how it works.
How Long Does an MPO Last?
By law, an MPO stays in effect until the commander terminates it or issues a replacement order. There is no automatic expiration, although many commanders include a review date or end date on the order. Some service guidance encourages that.
MPOs are issued on DD Form 2873. A modification requires a new DD Form 2873, and a cancellation is documented on DD Form 2873-1. MPOs are also entered into the FBI’s National Crime Information Center (NCIC), so civilian police can see them, and a cancellation should be reported so the entry is removed. (For the basics, see Military Protective Orders and No-Contact Orders.)
Who Can Change an MPO?
Only a commander can change or cancel an MPO, usually the commander who issued it. You cannot appeal it to a judge the way you would a civilian order.
A PCS can change the picture. An MPO is tied to the command that issued it. When you PCS or transfer commands, the losing commander is expected to notify the gaining commander, who decides whether to issue a new MPO. In the Navy, commands are directed to contact the gaining command before the transfer and recommend reissuing the order. Do not assume an MPO disappears when you change units. Get written confirmation of its status.
Common Reasons to Ask for a Change
Commanders are more likely to modify an order when the request is specific and practical. Common reasons include:
- Housing: you need a place to live, or you need to retrieve clothing, uniforms, or personal property.
- Children: the MPO conflicts with a custody arrangement or blocks contact with children who are not at risk.
- Shared obligations: you need to communicate about bills, a lease, pets, or a car.
- Changed circumstances: time has passed without incident, the investigation has progressed, or new evidence undercuts the allegations.
- The protected person’s wishes: they have asked for the order to be modified or lifted.
That last reason matters, but it is not decisive. Commanders consider the protected person’s safety and may consult the Family Advocacy Program, a victim advocate, or legal counsel before acting.
How to Make the Request
There is usually no form for this. A strong request is typically a written memorandum to the issuing commander that:
- States exactly what you want changed. “Allow contact by text limited to child custody exchanges” is far more likely to be approved than “lift the order.”
- Explains why. Tie each change to a concrete need.
- Includes supporting evidence. Examples include custody orders, lease documents, character statements, evidence that contradicts the allegations, or proof of completed counseling or treatment.
- Proposes safeguards. Exchanges through a third party, communication through an app, or retrieving property with a police or command escort can make a modification easier to approve.
Because anything you write can be used in an investigation, ADSEP board, or court-martial, have an attorney review or prepare the request before you submit it.
If the order is clearly unreasonable, other options may exist, such as raising the issue through the chain of command or a complaint under Article 138, UCMJ. Talk to counsel before going that route.
What Not to Do
The fastest way to make your situation worse is to try to fix it yourself.
- Do not contact the protected person to ask them to drop the order, even through friends or family.
- Do not treat their consent as permission. If they reach out to you or invite you over, you are still bound by the order until the commander changes it. (See What Counts as Violating a Military Protective Order?)
- Do not assume a verbal OK from your chain of command is enough. Get any change in writing on a new DD Form 2873.
A violation can lead to charges under the UCMJ, pretrial confinement, and new grounds for separation, even if the original allegation was weak.
MPOs and Civilian Protective Orders
An MPO and a civilian protective order are separate. Changing one does not change the other.
If a civilian court has also issued an order, it remains in effect until that court modifies or ends it, no matter what your commander does. Likewise, a civilian judge dismissing a case does not cancel your MPO. You may need to address both. (For more on how far an MPO reaches, see Does a Military Protective Order Follow You Off Base?)
Firearms, Clearances, and Your Career
An MPO can include terms restricting your access to firearms. On its own, an MPO is generally not the kind of court order that triggers the federal firearms ban for protective orders, which requires a court order issued after a hearing. A civilian protective order may trigger that ban, and a qualifying domestic violence conviction triggers a separate one.
An MPO can also raise issues with your security clearance, deployability, and duty assignments, and it often accompanies a command investigation, NJP, ADSEP, or court-martial. How you handle the order, including whether you comply and how you request changes, can affect how the rest of your case is viewed.
Talk to a Lawyer Before You Act
An MPO is usually just one piece of a larger case. A request handled well can restore access to your home and children while showing your command that you take the process seriously. A request handled badly can hand the government new evidence.
Kral Military Defense represents service members facing domestic violence and intimate partner violence allegations and MPOs across all branches, worldwide. Call 855-707-UCMJ or request a free case evaluation.
