PROCEDURES FOR NOTIFYING CIVILIAN LAW ENFORCEMENT OF ISSUANCE OF A MILITARY PROTECTIVE ORDER:
1 NAVADMINs are known that
refer back to this one:
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ROUTINE
R 081428Z NOV 19 MID510000681389U
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MSGID/NAVADMIN/CNO WASHINGTON DC/N4/NOV//
SUBJ/PROCEDURES FOR NOTIFYING CIVILIAN LAW ENFORCEMENT OF ISSUANCE OF A
MILITARY PROTECTIVE ORDER//
REF/A/DOC/10 U.S.C.//
REF/B/DOC/32 C.F.R.//
REF/C/DOC/DOD/28MAR13//
REF/D/DOC/SECNAV/10AUG18//
REF/E/DOC/OPNAV/13AUG15//
REF/F/DOC/DOD/21AUG07//
REF/G/DOC/OPNAV/25APR08//
REF/H/DOC/SECNAV/23SEP19//
NARR/REF A IS TITLE 10, U.S.C. SECTION 1567A, MANDATORY NOTIFICATION OF
ISSUANCE OF MILITARY PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.
REF B IS TITLE 32 C.F.R. PART 105.9, COMMANDER AND MANAGEMENT SEXUAL ASSAULT
PREVENTION AND RESPONSE PROCEDURES.
REF C IS DODI 6495.02, SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM
RESPONSE PROCEDURES.
REF D IS SECNAVINST 1752.4C, SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM
PROCEDURES.
REF E IS OPNAVINST 1752.1C, SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.
REF F IS DODI 6400.06, DOMESTIC ABUSE INVOLVING DOD MILITARY AND CERTAIN
AFFILIATED PERSONNEL.
REF G IS OPNAVINST 1752.2B, FAMILY ADVOCACY PROGRAM.
REF H IS SECNAV M-5210.1, DEPARTMENT OF THE NAVY RECORDS MANAGEMENT
PROGRAM.// POC/HAMMETT, ERIC/GS14/OPNAV N462/TEL:703-695-5521/EMAIL:
eric.hammett@navy.mil//
RMKS/1. This NAVADMIN directs Navy compliance with references (a) through
(h), requiring notification to local civilian law enforcement of Military
Protective Orders (MPO). Notification to local civilian law enforcement
authorities will be made via the Federal Bureau of Investigations National
Crime Information Center (NCIC) database. When MPOs are entered into the
Protection Order File of NCIC, a record is created that is available to
civilian law enforcement agencies nationwide. MPOs will remain in NCIC for
the duration of the order and then removed no later than the end of the month
in which they expire. Commands will retain MPO records within local files in
accordance with reference (h).
2. Per references (e), (f), and (g), military commanders have authority to
issue an MPO when necessary to safeguard victims, quell disturbances, and
maintain good order and discipline while victims have time to pursue a
protection order through a civilian court or to support an existing civilian
protection order. Per references (c), (d), (e), and (g), all issued MPOs
will be documented with Department of Defense Form 2873 (DD Form 2873).
a. Per references (a) through (e), all MPOs issued by Commanding Officers
(CO) of units located on Navy installations within the U.S. and U.S.
territories will immediately be forwarded to the applicable installation
commander and ultimately to the Naval Criminal Investigative Service (NCIS)
for inclusion into NCIC. The issuing commander has a continuing obligation
to report any change to the MPO to the applicable installation commander.
b. MPOs issued by COs of shore based activities not located on a Navy
military installation, but within the U.S. or U.S. territories, will forward
MPOs directly to their assigned NCIS Field Office for inclusion into NCIC.
c. MPOs issued by COs of units underway/deployed or ashore units not
located in the U.S. or U.S. territories will immediately be forwarded to the
applicable installation commander and ultimately to NCIS for inclusion into
NCIC if the MPO is active at the time of the Service Members return to the
U.S.
or U.S. territory.
3. Responsibilities.
a. Commander, Navy Installations Command (CNIC). CNIC will provide all
installation commanders located within the U.S. and U.S. territories with a
process to submit all issued, modified, and terminated MPOs to NCIS via the
ollowing email address, mposubmission@NCIS.NAVY.MIL.
b. Commander, Naval Legal Service Command (CNLSC).
(1) CNLSC will ensure Region Legal Service Offices provide judge
advocate support to commanders without their own servicing staff judge
advocate throughout the MPO issuance and termination process.
(2) CNLSC will ensure a module on the issuance of MPOs is included in
the training curriculum for prospective commanding officers and executive
officers, and for judge advocates and legal officers.
c. COs.
(1) For MPOs issued on Navy installations within the U.S. or U.S.
territories, COs will immediately forward all required information, including
the DD Form 2873, to the applicable installation commander or their designee.
Every issued MPO must contain an expiration date. COs will immediately
notify the installation commander or their designee of any changes to an
active MPO, such as an extension or early termination.
(2) COs of shore based activities not located on a Navy military
installation, but within the U.S. or U.S. territories, will forward MPOs, to
include the DD Form 2873 with expiration date, directly to their assigned
NCIS Field Office.
(3) COs of units underway/deployed or ashore units not located in the U.S.
or U.S. territories will report issued MPOs if the Service Member returns to
the U.S. or U.S. territories while the MPO is active. Active MPOs will then
be forwarded to the applicable installation commanding officer in accordance
with paragraph 3d(1).
(4) Per references (c) through (e) and (g), COs should consult a judge
advocate prior to issuing or terminating a MPO.
4. Released by VADM R. L. Williamson, N4.//
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