Federal · Title 10 — Armed Forces

10 U.S.C. § 1561a: Civilian orders of protection: force and effect on military installations

Civil

What this law says, in plain English

This statute requires the Secretary of Defense to establish procedures for military installations to recognize and register civilian court protective orders, ensuring they have the same effect on base as in civilian courts.

Read the full statutory text
A civilian order of protection shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued such order. In this section, the term “civilian order of protection” has the meaning given the term “protection order” in section 2266(5) of title 18 . The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall be designed to further good order and discipline by members of the armed forces and civilians present on military installations. Not later than one year after the date of the enactment of this Act [ Dec. 20, 2019 ], the Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish policies and procedures for the registration at military installations of any civilian protective orders described in subsection (b), including the duties and responsibilities of commanders of installations in the registration process. A civilian protective order against a member of the Armed Forces assigned to the installation concerned. A civilian protective order against a civilian employee employed at the installation concerned. A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installation concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee. A requirement for notice between and among the commander, military law enforcement elements, and military criminal investigative elements of an installation when a member of the Armed Forces assigned to such installation, a civilian employee employed at such installation, a civilian spouse or intimate partner of a member assigned to such installation, or a civilian spouse or intimate partner of a civilian employee employed at such installation becomes subject to a civilian protective order. A statement of policy that failure to register a civilian protective order may not be a justification for the lack of enforcement of such order by military law enforcement and other applicable personnel who have knowledge of such order. A detailed description of the policies and procedures. A certification by the Secretary that the policies and procedures have been implemented on each military installation.”

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