Agenda. The Military and Orders of Protection. U.S. Armed Forces 10/5/2016

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1 The Military and Orders of Protection Brian Clubb Military and Veterans Advocacy Program Battered Women s Justice Project 1 Definitions Key Military Players Military Protection Orders Civilian Orders of Protection Firearms Agenda 2 U.S. Armed Forces Branches Army, Air Force, Navy, Marine Corps (Department of Defense (DoD)) Coast Guard (Department of Homeland Security (DHS)) Components Active Duty Reserves National Guard State militia subject to federal duty Army and Air Force components 3 1

2 DoD Definitions DoD Instruction Domestic Violence Offense under USC, State law, or Uniform Code of Military Justice (UCMJ) Use, attempted use, or threatened use of force or violence, or Violation of a lawful order issued for the protection of 4 DoD Definitions DoD Instruction Domestic Abuse Domestic Violence or Pattern of behavior resulting in emotional/psychological abuse, economic control, and/or interference with personal liberty that is directed toward a person who is 5 DoD Definitions DoD Instruction Victims Current or former spouse Person with whom the abuser shares a child in common Current or former intimate partner with whom the abuser shares or has shared a common domicile *Same sex partners included since repeal of Don t Ask, Don t Tell 6 2

3 Family Advocacy Program (FAP) Military command s primary tool for addressing family violence Promotes prevention, early identification, reporting and treatment of intimate partner and child abuse Protects and secures victim safety Promotes recovery of victims and rehabilitation for offenders Works with commanders to hold offenders accountable 7 Military Commanders Responsible for good order and discipline of servicemembers under their command Have executive and judicial authority over servicemembers at all times Have no jurisdiction over civilians Responsible to ensure victims access to advocacy services, reporting systems, medical, housing, protection, etc. Mandated to report known or suspected abuse to FAP and appropriate law enforcement 8 Military Law Enforcement Inform victims how to request a military protection order Notify FAP immediately of an incident Take all reasonable measures to ensure civilian protection orders are given full force and effect. Comply with any applicable memoranda of understanding (MOU) with civilian law enforcement. Seek appropriate legal advice if seizure of firearms not directly tied to the incident is contemplated. 9 3

4 Judge Advocates (JAs/JAGs) Staff, Prosecution, Defense, Legal Assistance, Special Victims Counsel (SVC)/Victims Legal Counsel (VLC) Provide timely, informed advice to commanders regarding the response to domestic violence Ensure that victims are informed of services available to IPV victims Consult with FAP when considering lethality risk factors 10 Military Protective Orders (MPOs) Commanding officers can issue MPOs to servicemembers that: Prohibit contact Stay away from designated areas, either on or off installation Vacate military housing Attend counseling Surrender government issued firearms; dispose of personal firearms 11 Military Protection Orders (MPOs) Pros No due process requirements Quicker and easier to obtain Can be tailored to fit needs of protected party Can be more restrictive, but not less, than existing civilian order Cons Cannot be issued to civilians Not enforceable by civilian law enforcement or civilian courts Not available if victim makes restricted report Do not trigger federal firearms and ammunition restrictions 4

5 Civilian Orders of Protection Armed Forces Domestic Security Act (10 U.S.C 1561a) Any injunction or other order Temporary or Permanent Issued by a Civil or Criminal Court Containing language protecting one party from the other that meets due process requirements Registration procedures may exist, but failure to register does not negate enforcement Civilian Orders of Protection Service of Process Service specific procedures o Army 32 C.F.R. 516 o Navy & Marine Corps 32 C.F.R o Coast Guard Coast Guard Military Justice Manual Servicemembers Civil Relief Act (SCRA) does not prohibit Service off base in accordance with local laws Commanders shall make servicemembers available for service, but cannot force acceptance Contact Staff JA for on base or overseas service 14 Firearms - Official Use Exemption 18 U.S.C. 925(a)(1) Limited exception for government employees to include military servicmembers Must be authorized or required to receive or possess a duty weapon to perform official duties Must be pursuant to federal, state or local statute, regulation, or official departmental policy Does not apply to misdemeanor convictions nor personal firearms 15 5

6 Military Discipline & Justice Administrative/non punitive Counseling, reprimands, admonitions Extra military instruction Discharge (Honorable, General, Other than Honorable) Punitive Non judicial (Article 15, Captain s Mast, Mast) Judicial (UCMJ Courts martial) Discharge (Bad Conduct or Dishonorable) 16 BWJP Resources BWJP Website, Military & Veterans Advocacy Page Representing Victims of Intimate Partner Violence Connected with the Military A Handbook for Civil Attorneys Safety at Home Intimate Partner Violence, Military Personnel, and Veterans (elearning Course) Victim Advocate Handbook (Pending) Listservs (Advocacy & Legal) 17 Military Resources DoD Instruction Domestic Abuse involving DoD and certain affiliated personnel Commandant Instruction (Coast Guard) Family Advocacy Program (FAP) Air Force Instruction , Family Advocacy Army Regulation , The Army Family Advocacy Program OPNAV (Navy) Instruction B, Family Advocacy Program (FAP) Marine Corps Order , Marine Corps Family Advocacy Program and General Counseling Program 18 6

7 Brian Clubb Coordinator Military & Veterans Advocacy Program Battered Women's Justice Project