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Domestic Violence in the Military
Frequently Asked Questions Regarding Domestic Violence in the Military:
Is There Really a Problem with Domestic Violence in the Military?
What are the Responsibilities of the Commander?
What is a Military Protective Order (MPO)?
What Should be Included in the Military Protective Order (MPO)?
What if I Already Have a Civil Order of Protection? Do I Still Need a Military Protective Order?
What are the Practices for Enforcement of the Military Protective Order?
Safety Planning for You / Safety Checklist
Resources and Links
Is There Really
a Problem with Domestic Violence in the Military?
The rate of spousal abuse in the U.S. military is significantly higher than the national average, and the military routinely fails to punish service members convicted of even extreme cases of domestic violence. ("60 Minutes" 17 Jan 99)
According to The Associated Press news article reporting on the "60 Minutes" show, the CBS television program reviewed Pentagon records from 1992 through 1996 and found that 50,000 military spouses were victims of domestic violence, five times higher than the civilian population when compared to Department of Justice records for the same five years.
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What are the Responsibilities of the Commander?
Reports of domestic violence need to be taken seriously. The primary concern is for the Victim's safety and the safety of her children. Commanders should ensure that:
- A Victim Advocate or Family Advocacy Program Counselor assists
the Victim by assessing the risk of further abuse and preparing a
safety plan.
- Safety Plans and Military Protective Orders are supported by
the Family Advocacy Program (FAP).
- The Victim is provided with information about assistance and
benefits available for Victims of Domestic Violence.
- Services such as medical examination and treatment are made
available to the eligible Victim. Victims who do not qualify for
military services should be referred to civilian agencies.
- A command response to the Abuser is developed in conjunction
with the Family Advocacy Program. This response should address
such issues as violation of a military or civilian protective
order, prognosis for treatment, history of abuse, etc.
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What is a Military Protective Order (MPO)?
Commanders should issue MPO's after domestic violence has been reported to protect the Victims from further abuse, whether or not an investigation has been conducted.
Unit commanders should issue MPO's, even
if the Victim has already obtained a Civil Order of Protection from a Civilian Judge.
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What Should be
Included in the Military Protective Order (MPO)?
MPO's should include one or more provisions that will reasonably ensure the Victim's safety. However, the MPO may not include any punitive provisions. Some of the appropriate provisions in the MPO are as follows:
- Prohibit the Abuser from having any personal, telephone, or written contact with the Victim.
- Ban the Abuser from areas or places such as military family housing, the family home off base, schools, place of employment, childcare facilities, etc.
- Require the Service Member (Abuser) move
into government quarters
- Require the Abuser to leave any public place if the Victim is present.
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What if I Already Have a Civil Order of Protection?
Do I Still Need a Military Protective Order?
Yes. MPO's are issued to enforce good order and discipline in the armed forces. The abusive Military Member may be subject to discipline under the Uniform Code of Military Justice (UCMJ). Procedures should be intact to issue the MPO during and after normal working hours.
Policies to ensure liaison with civilian courts should be in place to ensure that the MPO and civilian Order of Protection are not in contradiction. If a civilian judge has already issued an Order of Protection, the MPO should have the same or similar provisions to ensure the Victim's safety.
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What are the
Practices for Enforcement of
the Military Protective Order?
After the MPO is issued, copies should be distributed to the Military Member, the Victim, Military Police, Family Advocacy Program, and appropriate civilian agencies per any agreements the military has entered into with local community officials.
Any violation of the MPO on or off the military installation should be reported immediately to Military Police and the Command. Procedures for response to a violation should be in force and may include referral to the Case Review Committee (CRC). The CRC, comprised of professionals in the medical, legal, law enforcement, and social services fields, will review the allegations and make recommendations to the Unit Commander.
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Safety Planning for You / Safety Checklist
Statistics have shown that a victim is the most vulnerable when she attempts to leave her batterer and/or seeks legal assistance. It is imperative that you are alerted to the increased likelihood of violence during this period and develop a safety plan.
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Resources and Links
National Domestic Violence Hotline
3616 Far West Blvd., Suite 101-297
Austin, TX 78731-3074
Hotline: (800) 799-7233
Website: http://www.ndvh.org
Domestic Violence Lesson Plan U.S. Army Family Advocacy Program
http://child.cornell.edu/army/domestic/
Family Violence Prevention Fund (FUND)
383 Rhode Island St. Suite #304
San Francisco, CA 94103-5133
Phone: (415) 252-8900
Fax: (415) 252-8991
Email: fund@fvpf.org
Website: http://www.fvpf.org/
National Coalition Against Domestic Violence (NCADV)
1532-16th Street NW
Washington, DC 20036
Phone: (202) 745-1211
Fax: (202) 745-0088
Email: ncadv2@sprynet.com
Website: http://www.ncadv.org/
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