Military Restraining Order - TOPEKA, Kan. () - An Ohio court has issued a provisional national restraining order against the Air Force's mandate for a COVID-19 vaccine for those seeking religious exemption.
The Thomas More Society said that on Thursday, July 14, a federal court in Ohio temporarily issued a nationwide restraining order to prevent the US Air Force from enforcing its military mandate on the COVID-19 vaccine when it applies to religious exemptions.
Military Restraining Order
The Society of Roman Catholic Lawyers notes that the order prohibits the exercise of the mandate when a member has made a request for religious accommodation that has been refused or is still pending. They said that their lawyers were satisfied with the development of the situation because it directly affected the litigation in which they were representing several members of the Indonesian Air Force.
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The community said the US District Court for the Southern District of Ohio issued an injunction, effective immediately, barring enforcement of the vaccine mandate in Doster v. Kendall. The order is said to be valid for 14 days, during which time the court will consider the initial order to extend the ban and protect religious opponents pending trial.
"This is a huge victory for our country and for religious freedom," said Stephen Crampton, senior adviser to the Thomas More Society.
In a similar case, Air Force Officer v. The Austin, Ga., association says its attorneys won the nation's first preliminary injunction against an Air Force vaccine mandate on behalf of an officer. It said it now represents three additional members of the Air Force and is seeking certification in a class action lawsuit seeking national injunctions against mandates. He noted that the proposal has been fully reviewed and is awaiting a decision.
"This order could not have come at a better time," added Adam Hochschild, special adviser to the Thomas More Society. "The government recently ordered immediate punitive action against men and women of faith who are unable in good conscience to take this experimental vaccine, and this order stops the government in its tracks."
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Judge Matthew McFarland said in an order in federal court in Ohio: "The facts show that the [Air Force] defendants engaged in a pattern of denying requests for religious accommodation."
The public notes that the Air Force approves about 1% of all requests made for religious accommodations — nearly all for airmen scheduled to leave service. It said the court noted that the class included more than 12,000 members and found class certification eligible to seek relief from the First Amendment and Restoration of Religious Freedom Act.
"The court correctly affirmed the class on Doster and correctly defined the Air Force's mandate," Crampton said. “It's great to see the courts upholding their constitutional duty to ensure that other branches of government don't neglect basic rights, like the Air Force did here.”:: Home > Divorce & Family Law Articles, Tips & More for Men > Order of Protection The Military: What You Need To Know
Not much wiggle room with today's topic, folks. The Military Protection Order (MPO) combines two powerful sectors of our society, the military and the law. Whether you're on the receiving end or need to create MPO against your partner, it's a serious matter. Here's what you should know.
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We're a legal authority, but we think you'll feel better if we quote other legal authorities. The Cornell Law School Legal Information Institute (LII) tells us that an MPO is “a lawful written order issued by a commander directing a soldier to avoid contact with the persons named in the order. The MPO can be used to facilitate a 'cool-down' period after incidents of domestic violence and sexual assault, including incidents involving children.”
It has the same weight and carrying capacity in the army as an order to report to KP or send it to a radar installation on the island of Šemja.
MPOs also carry the same legal weight in Virginia as court orders issued by District Court or Juvenile and Family Court judges. It's not really a double whammy, but you can feel it when you take it. It exposes your family's private business and displays it for your commanders to see.
MPOs are issued only by service member commanders, but can be requested from commanders by victims, victims advocates, law enforcement agencies, or Family Advocacy Program (FAP) doctors.
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If you believe that you are a victim of domestic violence and your wife is a soldier, you can request an MPO from the commanding officer. You can do the same on behalf of your children.
Unfortunately, according to 10 US Code, § 1567, the MPO "issued by the military commander shall remain in effect until the military commander revokes the order or issues a replacement order."
For many attorneys, the threshold for providing sufficient reason for an MPO is lower than the requirements of a civil provisional restraining order or permanent restraining order/order of protection. This means that an MPO can be issued against you as a "precautionary measure" while your allegations of domestic violence or child abuse are investigated. This means that you may lose your children or your home (on or off base) while the MPO is in effect.
The Commander-in-Chief can issue an MPO at the request of an interested party if the officer hears or sees facts that support this move. The key aspect in making the commander's decision should be the direct threat to the alleged victim by the member. This does not mean trials, hearings or court-martials; minimal evidence could give the commander sufficient reason to issue the MPO to prevent violence.
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The Commander has a stronger case if item 4 of Form DD 2873 contains evidence of civil action against you, for any of the following:
If you received DD Form 2873, you may wonder why you were selected. What did you do for your spouse or child to get MPO?
NOTE: In point 2, remove information that, if known to a service member from point 1, could harm the person being protected.
If your wife has left your matrimonial home in an attempt to hide from you, item 2 may not include her address or contact information. Point 3 contains the evidence your commander uses as the basis for the MPO. MPO can take the form of preventing communication or physical contact with "protected persons". For contacts, the MPO will determine the distance you need to maintain between you and the person being protected. If you are ordered to leave military housing being used by a protected person, you will be provided with other accommodations on base.
What Is A Military Protective Order?
You cannot accept an MPO without signing; that is, it cannot be issued in secret to allow you to violate it unnoticed. Don't refuse to sign it, even if you disagree with its claims. Once you've signed it, find your civil attorney to work on your military divorce.
You are not required to receive legal support or information from staff of the Chief Justice of the Supreme Court (JAG). You can seek personal counsel against MPO. Your attorney may oppose an indefinite or extended MPO, an MPO that forcibly separates you from your children without objection, or the lack of "imminent danger" that forced the order in the first place.
You can speak to a Virginia family law attorney at The Firm For Men by calling 757-383-9184. You can also contact our office online. It is important that you contact us, as we can help with military family law as well as civil matters.
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All cookies which may not be specifically required for the functioning of the website and which are used specifically to collect user personal data through analytics, advertisements, other embedded content are called unnecessary cookies. You must obtain user consent before running these cookies on your website. A Military Protection Order (MPO) is a legal order issued by a commander that prohibits an accused military service member from contacting the person or persons named in the order. Learn more about the rules that apply
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