Need MPO lifted. My husband innocent.

[kensinge]

What is the name of your state?Camp Pendleton, CA.

My husband was arrested by the civilian police when HE called them to get help for me. It's not like I was abusing him or anything but I was drunk and acting crazy. I told them that the reason I hit him was because he was restraining me and they believed me I guess. Cuz he spent 12 hrs in jail and then the military took him and placed a MPO until Jan 10.

I am already unstable as it is; the MPO is making everything worse. We dont deserve to be alone on Christmas. I have explained the situation to his command but they say that there is nothing that they or I can do. Is this correct? I am willing to do anything possible to get him home. PLease help.

[fozzy2]

An MPO is basically an order, and it can be revoked by the person who issued it like any other order.

What is somewhat more interesting in this case is that an MPO is supposed to be a military equivalent of a TRO- Temporary Restraining Order. The key word is "temporary." According to guidance, an 'ex parte' MPO should not be longer than about 10 days. An 'ex parte' order is one that is issued without having one or both parties provide their arguments to the issuer. While the regulations don't require any "formal" hearing, guidance states that for MPOs over 10 days both parties should be given an opportunity to "respond and be heard."

Have you been allowed to make your case before the person who issued the order? Situations like this raise many interesting "due process" questions - but I doubt you are looking for a test case for the Supreme Court. What you could do is contact the base legal officer and ask them directly "Why is this "temporary" order over a month long?" and that you think the order is being used *incorrectly* as a punishment and/or a form of pre-trail detainment.

The MPO is supposed to be an emergency/temporary measure that ensures safety/order for the week or so that it should take the command to investigate the allegations and decide on a course of action. For a secondary source sum****, you can see:

[url]http://www.jag.navy.mil/html/TSOwestCommand20Services.htm#Military%20Proctect[/url]

It would be interesting to hear how your command (actually, your husband's) justifies issuing an MPO over a month in length.

[SHORTY LONG]

Sounds Like You Have A Very Serious Drinking Problem And Need Help!
Our Marines Have Enough To Contend With Daily; And Surely Do Not Need Extra Crap From A Spouse. Suggestedly, Contact The Locale Police Department And See If They Have Any File Complaints On You Or Him; Then See If You May Respectfully Speak With His Company Commander In Person And Be Willing To Go Into Some Type Of Counseling. T Is Interesting And Noteworthy That At This Particular Time Of The Year Much Abuse Happens To Spouses; Be It The Man Or The Woman.

Good Luck, And May God Bless You, And All Of Our Troops.
Shorty Long

P.s. Remember, These Are Just Suggestions; Also You May Want To Try And Contact A Locale Veteran Service Organization Close By You; And Request To Speak With A Service Officer For Help; Whither They Can Or Not I Do Not Know.

[Snipes5]

Beginning Every Word In Your Post With A Capital Letter Is Even More Rude And Irritating Than Posting IN All Caps.

Duh.

[kensinge]

The MPO is until January 10 because that is the day of his civilian court appearance. I believe it is part of "pre-trial restraints" (Rule 304 MCM) which I found online (the information). His command did not tell me anything but told my husband that I am not allowed to contact the CO who signed the MPO.