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Comparing civilian and military protective orders

For many of the military families with whom we work here at The Law Office of Roland R. Esparza, P.C., domestic violence is a continual concern. If you have been the victim of it, you are not alone. In fact, information shared by SFGate.com shows that nearly 21 percent of reported domestic violence cases in the U.S have been attributed to military personnel. If you are looking to separate from an abusive spouse that is in the military, then you doubt want to ensure that you, your children, and the rest of family are protected from him or her. However, if you fail to file for a protective order through the proper channels, that protection may not be guaranteed.

Domestic violence cases involving military members are unique in that servicemen and women present risks typically not associated with the general population, such as advanced combat training and easier access to firearms. Thus, if you need protection from a spouse in the military, you should see about getting a military protection order. This is issued by his or her commanding officer, and restricts him or her from certain activities and access while your issues are being resolved.

Servicemen and women issued a military protective order do not get the chance to respond to it in court. Because of this lack of due process, state courts and local law enforcement typically cannot enforce military protection orders for situations occurring off-base. Therefore, you may also want to seek a civilian protection order to ensure your safety, as well. The good news with these orders is that the military does recognize and enforce them.

For more information on military divorce issues, please browse through our site. 

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