If you've been the victim of domestic violence, it's critical that you understand what legal procedures may be in place to protect you. Special issues may arise if the perpetrator is a military service member. A domestic violence lawyer can counsel you on what to do.
Obtaining a Restraining Order Against a Military Service Member in a Domestic Violence Situation
If your spouse, domestic partner or mother/father of your child has abused you or threatened abuse, there are steps you can take. You can request a military protective order, also called a no-contact order, from the military legal department. If signed, the order will prohibit your spouse from having contact with you. You may also be contemplating filing a divorce or custody action with your spouse or partner. That action will be handled in civil court in your state. You also may seek a civil restraining order against your spouse or partner if you feel threatened.
Some Things to Keep in Mind If You Have a Restraining Order
Whether you have a military protective order or a civil restraining order against your spouse, those documents are only as good as your willingness to enforce them. Be mindful of your own safety. If your spouse is under a no-contact order or restraining order, do not agree to meet with him or her. Honor the terms of the order. Be aware of your surroundings at all times. If you need to make arrangements to get your belongings out of the home, or your spouse/partner does, make sure your ex is not there when you go to the house. Have someone accompany you. If your spouse violates the order and comes into contact with you, i.e. shows up at work, at your home, calls you, etc., you should call the authorities immediately. Be safe. If you are in a domestic violence situation, your safety should be of paramount importance.