Can a "no contact" order be emplaced simply based off of allegations?

2017-11-26T16:54:02-05:00

Response by MSG Private RallyPoint Member made Nov 26 at 2017 5:41 PM

2017-11-26T17:41:08-05:00

This is a Lawyer/Law Enforcement issue to answer. See your JAG office.

Response by CAPT Kevin B. made Nov 26 at 2017 6:25 PM

2017-11-26T18:25:17-05:00

The real question is it a legal order? Let's put it this way. If you are given an order, then you disobey it, and the result is a PR cluster that stains the service reputation, good luck arguing legality of the order after the fact. A JAG visit up front may determine the validity/invalidity. Even if invalid, there's the issue of the right thing to do given circumstances and the risk of creating that cluster. Doing things that the bosses conclude is dumb (read creates unnecessary overhead) tends to shorten a career.

Response by Sgt George Closser made Nov 26 at 2017 8:54 PM

2017-11-26T20:54:38-05:00

As a police officer, we see ex parte orders a lot. The petioner will fill for a PPO (Personal Protection Order) and it is immediately entered in the LEIN (Law Enforcement Information Network). The respondent has 2 weeks to have a hearing to fight the PPO.

Response by SSG Private RallyPoint Member made Nov 26 at 2017 10:31 PM

2017-11-26T22:31:27-05:00

Yes they can. You commander has a lot of power and authority for those under there command. If you are having an issue with a no contact order then go and see JAG for guidance. Do not break the no contact order without first talking to JAG.

Response by SSG Dave Johnston made Nov 27 at 2017 12:50 AM

2017-11-27T00:50:20-05:00

Yes, then either request a complete investigation or pay for a Private Investigation and present findings to JAG

Response by SSG Jessica Bautista made Nov 27 at 2017 8:05 AM

2017-11-27T08:05:37-05:00

In my experience, yep. It is to prevent conflict from escalating until the situation can be sorted out.

Response by SGM Erik Marquez made Nov 27 at 2017 8:08 AM

2017-11-27T08:08:19-05:00

Yes
And then maybe and for how long..
JAG and Legal assistance is your answer no matter what the actual specifics are.

the "No Contact order" Are you talking about something from your commander ? or form a local judge? or both? In any case, don't tell us...stop posting and go see your legal assistance office NOW and assume the order is valid until you get legal advice.

Response by SFC Greg Witte made Nov 27 at 2017 10:38 AM

2017-11-27T10:38:45-05:00

Instead of looking at this as being legal or not; think of it more in terms of that the person making the order is trying to protect you while you fix your head space and timing. I don't say this to belittle you however, there must be a reason for it.