Should I ask for a military protection order?

• If you are currently experiencing domestic violence, harassment, stalking, or sexual assault, get help from your local domestic violence shelter or sexual assault center. Shelters provide safety planning, temporary shelter, legal advocacy, counseling, and other services. To find the program nearest you, call the National Domestic Violence Hotline at 1.800.799.7233 or the National Sexual Assault Hotline at 1.800.656.4673.

• StrongHearts Native Helpline is a peer support service of the National Domestic Violence Hotline. Advocates are available 24/7 by texting or calling 1-844-7NATIVE (1-844-762-8483) or through the online chat at strongheartshelpline.org.

• If you or someone you know is the victim of a crime, you can get help with expenses related to the crime. Learn more and apply online.

• Are you a Tribal Member or living in a Tribal Community or on a Reservation? You may have the choice of filing for a protection order in a State Court or a Tribal Court.  Tribal codes and/or processes may differ. Contact the Tribal Court to learn more. (Use the Tribal Court directory) The state court forms may not work in Tribal Court.

• We wrote this for people who live in Washington State. Much of this information applies in other states, too.

Yes, you should read this if you have experienced domestic violence, harassment, stalking, or sexual assault and the person who harmed you is an active duty service member who lives on a military base. 

You will learn the basic differences between a civilian protection order and a military protection order. Knowing these differences will help you decide what type of order to get.

You get this type of court order from a state court after the person who harmed you gets notice of your request for this court order and a chance to respond in writing or at a court hearing. 

You get this type of order by asking the commanding officer (the CO) over the service member who harmed you for this type of order. 

You do not need to go to a hearing to get a military protection order. The service member does not get to respond to your request in writing, either. 

On the other hand, a civilian protection order may give you more protection both on and off base. Law enforcement off base won't enforce a military protection order for you. We explain more below. 

You might not want to have to see the person who harmed you in court. You might not feel up to having to go to a hearing. On the other hand, you might want to feel better protected both on and off base. You should talk to a domestic violence or other advocate about how to proceed. Depending on your situation, you can ask for one or both types of orders. 

Both types of orders can limit the service member's use of firearms. You can get a civilian protection order that orders the service member to turn their firearms over to law enforcement. The military protection order can limit the service member's access to firearms. 

Yes. It has full force and effect on military bases and all federal property. 

If the service member violates your civil protection order, you should report that to both law enforcement and the service member's base command or military police. 

You must have a copy of your protection order court papers delivered to (served on) that person. Having this done on a military base is not easy. Local law enforcement and service agencies cannot serve documents on military bases. 

You may need to arrange for service to take place off base. Ask local law enforcement if they have a memorandum of understanding (MOU) with base command agreeing how service of court papers will take place on people located on base. An MOU will make service easier for you.

No. Civilian and tribal courts and law enforcement cannot enforce military protection orders. If you get a military protection order against a service member, and that person violates the order, you should report that to their base command or to military police. 

If you also are living and working on base, and the harm you have experienced has only happened on base, you should get a military protection order.

A military protection order can provide a "cooling off" period after an incident of domestic violence or sexual assault. It can also give you time to ask for a civilian protection order in state court. 

Read Protection Orders: Can the civil legal system Help Protect Me? and Getting your paperwork ready so you can get help with your family law case to learn more.

If you decide to get a civilian protection order, you can get the forms from the court clerk, your local domestic violence program, or fill it out online using Washington Forms Online or download our printable packet.

The military's Family Advocacy Programs (FAP) promote public awareness within military and civilian communities and coordinate intervention at all levels, including law enforcement, social services, health services, and legal services. An FAP can tell you about your options through the military and the civilian court system.

• Army Resources

• Navy Resources

• Air Force Resources

• Marine Corps Resources

• The Battered Women's Justice Project's Military Advocacy Program will discuss the pros and cons and help you navigate military and civilian domestic violence responses. Call (800) 903-0111, extension 1, or (612) 824-8768.