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1 1 (August 19, 2020)

handle is hein.crs/govdbkh0001 and id is 1 raw text is: Researh Sevice Analysis of Military Court Protective Order Provision in H.R. 6395 August 19, 2020 Background From the early 2000s, Congress has intensified its efforts to support victims of military-connected sex- related and domestic violence offenses. These efforts include enacting over 100 provisions and providing resources intended to address such offenses and related misconduct. Department of Defense (DOD) implementation of these legislative initiatives includes making military leaders responsible for the safety of such victims. Commanders are also required to coordinate the military response to domestic violence involving servicemembers with the local community. Protection Order The term protection order includes any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person .... (18 U.S.C. §2266(5)). Aprotection order is analogous to the term court order for purposes of the Gun Control Act of 1968 (GCA), which requires such an order to have been issued by a court after a hearing of which the individual subject to the order received actual notice, and at which such individual had an opportunity to participate (18 U.S.C. §922). The protection order definition is adopted for DOD domestic abuse policy under the term civilian protection order (CPO) (10 U.S.C. § 1561 a; DODI 6400.06). Like the protection order definition, CPO includes a protective order and restraining order The former is typically associated with a criminal court and the latter a civil court. Aprotective order and a restraining order are both intended to protect an individual from future harm or violence, but the criminal court protective order is related to a criminal investigation or prosecution. It is a procedure among the available criminal justice control measures used by a state when restricting an accused individual's liberty to prevent potential harm to a victim. The protective order is issued as a matter of judicial discretion, typically at the request of a victim or a prosecutor while a criminal case is pending. Whereas, a civil court may issue a restraining order when an individual requests that the court restrain another person from engaging in specified behaviors. A criminal act or prosecution is not required Congressional Research Service https://crsreports.congress.gov INi 1484 CF'S NStGHT Prepai-ed for Mernbei-s and Comrm ttees of Conress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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