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Military Protective (Restraining) Orders

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Here are some examples of when military authorities will commonly impose a condition on liberty:

* A commander receives information which gives him reasonable belief that a member of his command is having an affair with a married person. The commander orders the member not to have any contact with the person until the divorce is final.

* A first sergeant responds to a domestic situation at the house of one of the enlisted personnel assigned to his command. Upon arrival he views evidence that an assault occurred. The first sergeant orders the military member to sleep in the barracks that night, and orders the member to have no contact with his spouse until further notice.

* A commissioned officer breaks up a fight between two enlisted members. She orders them not to have any contact with each other until further notice.

* A first sergeant is notified that one of her enlisted members has bounced several checks. She orders the enlisted member not to write any more checks until further notice.

* A member is waiting a decision on whether or not he is going to be court-martialed. As such decisions sometimes take several weeks, he asks to go on leave (vacation) for a week, and the commander approves it. The commander orders the member to call his supervisor each day while on leave to check-in.

While most conditions on liberty are in writing, there is no requirement that they be so. A verbal order is just as valid. Quite often an authority will impose a verbal condition on liberty and follow it up with a written order when time allows.

A condition on liberty is a legal order. If a member violates the the order, he or she is subject to punishment under the Uniform Code of Military Justice (UCMJ) for Article 90, Willfully Disobeying a Superior Commissioned Officer, Article 91, Willfully Disobeying the Lawful Order of a Warrant Officer, Noncommissioned Officer, or Petty Officer, or Article 92, Failure to Obey an Order or Regulation.

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