Military protective orders and civilian protective orders serve different purposes in Georgia divorce cases, but can work together to protect victims of family violence. A military protective order is issued by a commander, while family violence protective orders are issued by Georgia civil courts. Under federal law, civilian protective orders have full force on military installations, just as they do in civilian jurisdictions.
As a Gwinnett County divorce and family law firm, Attorney Sharon Jackson, LLC has helped many military families understand how protective orders affect divorce proceedings. We assist our clients through the available steps to protect their rights and safety.
Military protective orders (MPOs) are written commands issued by unit commanders to service members under their authority. These orders prohibit the service member from contacting designated individuals following allegations of domestic violence, sexual assault, or threats to safety.
Commanders can issue these orders without a hearing or the service member's consent. The orders take effect immediately and must be documented using DD Form 2873. While they can be given verbally in emergency situations, written documentation must follow within 24 hours.
Military protective orders serve three main purposes. First, they protect alleged victims from immediate harm. Second, they maintain order and discipline within military units. Third, they give victims time to pursue more comprehensive protection through civilian courts.
These orders remain in effect until the commander terminates them or the service member transfers to another unit. If the service member lives off-base during the order's duration, military officials must notify civilian law enforcement authorities.
Georgia's Superior Courts issue family violence protective orders under the state's Family Violence Act. These orders protect spouses, family members, and household members from acts of violence, threats, or harassment.
The process begins when someone files a petition with the Superior Court. Judges can issue temporary ex parte orders immediately if they believe family violence has occurred and may continue. These temporary orders typically last up to 30 days.
At a full hearing, both parties can present evidence and testimony. If the judge finds a continued risk of harm, the order can be extended for up to one year. The court can convert these orders to three-year or permanent orders upon proper motion and hearing.
Georgia protective orders can address multiple issues beyond simple no-contact provisions. They can grant temporary custody of children, award possession of the family home, order removal of firearms, require counseling, establish child support, and protect personal property. Attorney Sharon Jackson regularly guides clients through obtaining these comprehensive protections in Gwinnett County divorce cases.
When military families face domestic violence during divorce proceedings, they often deal with both types of protective orders simultaneously. This creates important considerations for both parties.
Federal law establishes that civilian protective orders issued by Georgia courts maintain full authority on military installations. A military spouse with a Georgia protective order can enforce it on base just as effectively as in civilian areas. This protection extends to Fort Moore (formerly Fort Benning), Robins Air Force Base, and other Georgia military installations.
Military protective orders can supplement civilian orders but cannot contradict or weaken them. Department of Defense policy requires that military orders be at least as restrictive as any existing civilian protective order. In addition, commanders must advise protected persons to seek civilian protective orders if they need protection off-base, since military orders aren't enforceable by civilian authorities.
For divorcing couples, this means that seeking a Georgia protective order provides broader, more enforceable protection. These civilian orders continue beyond military transfers, apply both on and off base, and can address divorce-related issues like custody and support that military orders cannot.
Service members facing either type of protective order must understand the serious consequences of violations. Violating a military protective order can result in court-martial under the Uniform Code of Military Justice. Violating a Georgia protective order can lead to criminal charges, including misdemeanor or felony prosecution, depending on the specific violation.
Both types of orders now appear in the National Crime Information Center database, meaning law enforcement agencies nationwide can access them during routine checks. This visibility helps protect victims but also means violations can have far-reaching consequences for service members' careers.
Divorce proceedings in Georgia require careful coordination of these protective measures. Temporary protective orders often address immediate custody and living arrangements while the divorce moves forward. The final divorce decree will then establish permanent custody, support, and property arrangements.
Georgia law provides special protections for children of service members. Courts cannot issue final custody orders while a parent is deployed or within 90 days of their return. Deployment alone cannot serve as grounds for modifying custody arrangements.
According to research cited by the Georgia Commission on Family Violence, protective orders effectively safeguard from domestic violence in the majority of cases. One cited study found that 77% of surveyed survivors found their protective orders to be fairly or extremely effective six months after issuance.
The Georgia Protective Order Registry allows law enforcement officers, prosecutors, and judges to access protective orders 24 hours a day. This centralized system helps ensure orders are enforced consistently across county lines and judicial circuits.
Yes, you can have both types of orders in effect at the same time. Military protective orders provide immediate protection while you pursue a more comprehensive Georgia protective order through the Superior Court. Georgia orders offer broader protections and remain enforceable beyond military transfers.
Civil court-issued temporary ex parte orders typically last up to 30 days until a full hearing. After the hearing, judges can issue orders lasting up to one year. Courts can extend these to three years or convert them to permanent orders. The protective order timeline operates separately from the divorce timeline.
Military protective orders typically terminate when a service member transfers to a new commander's authority. The outgoing commander should contact the gaining commander to request a new order. This is why obtaining a Georgia protective order is important – it continues regardless of military transfers.
Yes, Georgia courts’ protective orders can grant temporary custody of children and establish visitation terms. These provisions remain in effect while your divorce proceeds through court. The final divorce decree will then establish permanent custody arrangements based on the children's best interests.
If you're facing domestic violence in a military divorce, you need experienced legal representation to protect your rights and safety. The interaction between military and civilian protective orders can be complex, and having skilled guidance makes a significant difference.
Sharon Jackson is a top-rated Gwinnett County divorce lawyer and family law attorney. Visit Sharon Jackson's attorney profile to learn more about her experience and results. Call (678) 909-4100 to schedule a consultation.
Attorney Sharon Jackson LLC
188 Hurricane Shoals Road NE
Building 3000
Lawrenceville, GA 30046
Phone: (678) 909-4100
