§1561a. Civilian orders of protection: force and effect on military installations

(a) Force and Effect.-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.

(b) Civilian Order of Protection Defined.-In this section, the term "civilian order of protection" has the meaning given the term "protection order" in section 2266(5) of title 18.

(c) Regulations.-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.

(Added Pub. L. 107–311, §2(a), Dec. 2, 2002, 116 Stat. 2455 .)

Statutory Notes and Related Subsidiaries

Policies and Procedures on Registration at Military Installations of Civilian Protective Orders Applicable to Members of the Armed Forces Assigned to Such Installations and Certain Other Individuals

Pub. L. 116–92, div. A, title V, §550A, Dec. 20, 2019, 133 Stat. 1380 , provided that:

"(a) Policies and Procedures Required.-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.

"(b) Civilian Protective Orders.-A civilian protective order described in this subsection is any civilian protective order as follows:

"(1) A civilian protective order against a member of the Armed Forces assigned to the installation concerned.

"(2) A civilian protective order against a civilian employee employed at the installation concerned.

"(3) 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.

"(c) Particular Elements.-The policies and procedures required by subsection (a) shall include the following:

"(1) 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.

"(2) 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.

"(d) Letter.-As soon as practicable after establishing the policies and procedures required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a letter that includes the following:

"(1) A detailed description of the policies and procedures.

"(2) A certification by the Secretary that the policies and procedures have been implemented on each military installation."