strain the alleged perpetrator from further acts of 
abuse; direct the abuser to leave your house; prevent 
the abuser from entering your residence, school, 
business or place of employment; award you custody 
of your minor child or children; and direct the 
abuser to pay support to you and the minor children 
if he/she has a legal obligation to do so. You also 
have the right to request a military no contact order 
containing the above provisions.’. 
‘‘(4) The policies under paragraph (1) shall include 
a procedure for notifying the alleged victim of the incident, 
a description of the procedure for releasing the arrested 
person, and the likelihood and probable time of the ar-
rested person’s release. 
‘‘(5) In the development of policies under this sub-
section, the Secretary and shall consult with law enforce-
ment agencies and organizations with expertise in the rec-
ognition of domestic violence incidents. 
‘‘(e) DOMESTIC VIOLENCE INCIDENT REPORTS.—(1) 
A military law enforcement officer who responds to a do-
mestic violence incident shall prepare a domestic violence 
incident report. 
‘‘(2) If a military law enforcement officer has reason-
able grounds to arrest a person who is committing or has 
committed domestic violence and that person’s actions 
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constitute the commission of a crime, the officer shall pre-
pare a written statement detailing why the person was not 
arrested. The report shall be sent to the judge advocate 
for the command of the suspect where the acts took place, 
immediately upon the completion of the investigation of 
the incident. The judge advocate shall review the report 
to determine whether the person involved in the incident 
should be charged with the commission of a crime. 
‘‘(3) All information contained in the domestic vio-
lence incident report shall be forwarded to the appropriate 
military criminal investigative unit, to the judge advocate 
with responsibility for the jurisdiction, and to the com-
mander of the suspect and of the installation. 
‘‘(4) The domestic violence incident report shall be 
on a form set forth in regulations prescribed by the Sec-
retary of Defense. The form shall include provision for the 
following information: 
‘‘(A) The relationship of the parties. 
‘‘(B) The sex of the parties. 
‘‘(C) The time and date of the incident. 
‘‘(D) The number of domestic violence calls in-
vestigated. 
‘‘(E) Whether children were involved, or wheth-
er the alleged act of domestic violence had been com-
mitted in the presence of children. 
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‘‘(F) The type and extent of the abuse. 
‘‘(G) The number and type of weapons involved. 
‘‘(H) The action taken by the law enforcement 
officer. 
‘‘(I) The existence of any prior court or military 
orders issued to the parties. 
‘‘(J) The number of domestic violence calls al-
leging a violation of a military no contact order or 
a protective order involving the parties. 
‘‘(K) The number of arrests involving the par-
ties for a violation of a civilian protective order or 
details of disciplinary action taken for the violation 
of a military protective order. 
‘‘(L) Any other data that may be necessary for 
a complete analysis of all circumstances leading to 
the alleged incident of domestic violence. 
‘‘(f) CONTACT PROHIBITIONS.—(1) Unless there is a 
waiver by the victim, during the 72 hours immediately fol-
lowing an arrest for a domestic violence incident, the per-
son arrested— 
‘‘(A) shall avoid the residence of the alleged vic-
tim of the domestic violence incident and, if applica-
ble, any premises temporarily occupied by the al-
leged victim; and 
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100 
‘‘(B) shall avoid contacting or causing any per-
son, other than law enforcement officers or military 
criminal investigators, judge advocates, or com-
manders, to contact the alleged victim. 
‘‘(2) Unless there is a waiver by the victim under 
paragraph (1), a law enforcement officer who releases a 
person arrested for domestic violence from custody less 
than 72 hours after the arrest shall inform the arrested 
person orally and in writing of the requirements of this 
section and the consequences of violating this section. The 
arrested person shall sign an acknowledgment on the writ-
ten notice that the person has had notice of, and under-
stands the requirements, the consequences and the provi-
sions of this section. If the arrested person refuses to sign 
the notice, the person may not be released from custody. 
‘‘(3) If there is a waiver under paragraph (1) and 
the person is arrested under this section, the law enforce-
ment officer who releases the arrested person shall inform 
the arrested person orally and in writing of the waiver. 
‘‘(4) Failure to comply with the notice requirement 
under paragraph (2) regarding a person who is lawfully 
released from custody does not affect the prosecution for 
a crime of domestic violence. 
‘‘(g) CONDITIONAL RELEASE.—A person arrested 
and taken into custody for a domestic violence incident 
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