Official Federal Representation Against State Restraining Orders Following the Armed Forces Domestic Security Act of 2002

Summary

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"11 These orders can be obtained ex parte in most jurisdictions and remain in effect until they are modified by the court or expire.12 However, the VAWA, did not encompass the entire United States because many military bases fall under exclusive federal jurisdiction,13 and therefore do not have the same enforcement obligations regarding state protection orders.\n"50 The Chief, LitDiv, after reviewing the report and evidence, will forward a recommendation to the appropriate U.S. Attorney or the DoJ.51 The default position is that the employee was acting within the scope of employment, but the DoJ uses the following criteria52 to make representation decisions: 1.

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Official Federal Representation Against State Restraining Orders Following the Armed Forces Domestic Security Act of 2002

Any man is educated who knows where to get knowledge when he needs it, and how to organize that knowledge into definite plans of action.1

Introduction

Captain (CPT) Samuel Adams concludes the final pre-deployment formation for Headquarters and Headquarters Company (HHC) at 1530 on Thursday and heads to his office. Before reaching it, he notices a military policeman (MP) and a deputy from the sheriff's office coming up the sidewalk. Judging by their demeanor, it is obvious this is not a social visit. The deputy informs CPT Adams that he is being served with a temporary restraining order (TRO) from the local county court. Captain Adams reads the TRO which clearly states that he cannot disregard the order un...

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