No Contact Order in the Army
June 21, 2025A no contact order in the Army is an order, either verbal or in writing, to not contact a certain individual. If given in writing, typically a DA Form 4856 is used. Additionally, a DD Form 2873 can also be used. Importantly, a no contact order in the Army is not required to be put in writing; however, it is best practice to do so. A no contact order should be very specific, include the reasons for the order, and identify all individuals that should not be contacted, under any circumstances. The no contact order should also include an end-date (date or situational) and instructions on what to do if inadvertent contact occurs.
No contact orders in the Army are typically given in the following circumstances:
- after a domestic violence/domestic disturbance situation
- during an investigation to ensure there is no interference by the subject
- during the court-martial process
- after an altercation (physical/verbal) between two individuals
- after an investigation to prevent future conflict
- other similar situations
A no contact order in the Army should be taken seriously. "No contact" means no contact by any means. This includes no in-person contact, no telephonic contact, no text message contact, no email contact, no contact through social media, and/or no contact through any other means. Additionally, a no contact order in the Army includes no contact through a third-party. For example, someone given a no contact order cannot use a third party to contact an individual he/she should not be communicating with. That said, a no contact order cannot prevent a Soldier's lawyer from contacting individuals to assist in his/her Defense.
There are times when a no contact order in the Army is violated inadvertently, especially in situations where the two parties work in the same unit. In these situations, the subject of the no contact order should immediately inform the individual that issued it. This protects the Soldier in question from future accusations of violating a no contact order.
Exceptions to a no contact order in the Army, for legitimate reasons, can be made by the individual who issued the order. For example, if a no contact order exists after a domestic violence arrest, often times contact is needed during family court proceedings. If there is a Military no contact order in such a situation, then an exception to the order should be requested.
A no contact order in the Army is considered a lawful order. Violation of such an order is considered a violation of Article 92 of the UCMJ. Such a violation can result in:
- a letter of concern
- a GOMOR
- an Article 15
- a negative NCOER
- a negative OER
- separation (enlisted)
- elimination (officer)
- a Court-Martial charge
Furthermore, a no contact order in the Army being issued can be an indication that some form of adverse action, or a CID/MPI/15-6 investigation is going to be initiated. In these situations, a Military Defense Attorney should be contacted immediately. While TDS (Trial Defense Services) is available to assist, they are often inexperienced and overworked. Furthermore, TDS is likely unwilling to provide assistance during an investigation in a meaningful way, because they are so busy with other cases. Civilian Defense Counsel can be retained, which allows a Soldier to chose a lawyer with a proven track record of success and good former client reviews.
This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.
The Law Office of Matthew Barry represents Servicemembers and Veterans worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.
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