Military Defense Investigation Knowledge Base
Military Defense Investigation Authority Publication
Authority Publication No. DI-134
Working Around Lawful Contact Restrictions While Investigating Evidence Held by an Alleged Victim
Independent Military Defense Investigations
Supporting Attorneys, Service Members, and Families
Publication Date: August 24, 2026
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Executive Summary
Investigating evidence under a military no-contact order requires the defense to preserve and obtain relevant information through counsel-approved lawful routes without direct or indirect prohibited contact.
A protective order or no-contact instruction can limit how a defense investigator communicates with an alleged victim or other protected person, but it does not eliminate the need to identify and preserve relevant evidence.
DI-134 explains how investigators can work within lawful restrictions by confirming the exact order with counsel, mapping sources and custodians, using preservation requests, discovery, subpoenas, authorized intermediaries and custodian channels, and identifying public, third-party, or independently held copies.
The publication's practical example involves relevant messages on a phone controlled by a protected person. Rather than contacting the person or recruiting someone else to do so, counsel pursues preservation and lawful production through authorized channels.
The purpose is to investigate effectively without evading the restriction: preserve original sources, document access limitations and unsuccessful efforts, trace material conclusions to evidence, and identify follow-up requiring counsel or formal process.
DI-134 explains how military defense investigators preserve and obtain relevant evidence through counsel-approved lawful channels when a protective order or no-contact instruction prevents direct or indirect contact.
Who Should Read This Publication?
Military Defense Counsel
Use the exact contact restriction and available lawful production routes to define investigative scope, preservation priorities, formal process, intermediary use, and litigation strategy.
Defense Investigators
Confirm restrictions before acting; do not use prohibited direct or indirect contact; map evidence and custodians; document preservation efforts; and route formal-access issues back through counsel.
Service Members
Understand that evidence held by an alleged victim may still be relevant to the defense even when direct contact is restricted, but lawful procedures and counsel direction govern how it should be pursued.
Qualified Experts
Receive relevant underlying materials through counsel-approved channels and within the defined scope when specialized review is needed; do not use expert involvement to bypass a contact restriction.
Families
Preserve lawfully available information but do not contact a protected person, recruit others to make prohibited contact, or attempt to obtain restricted evidence outside counsel-approved channels.
Companion Video
This companion video expands on the investigative concepts presented in this Authority Publication through additional explanation, practical examples, and professional investigative insight.
About Michael West
The investigative guidance presented throughout these Authority Publications is based upon decades of professional experience conducting military, federal, criminal, civil, and private investigations. The principles discussed in these publications are drawn from real investigative work involving complex cases, witness development, evidence analysis, and factual case preparation.
Michael West has served as a Special Agent with the United States Air Force Office of Special Investigations (AFOSI) and the Department of Defense Inspector General, conducted federal background investigations, and spent decades working as a licensed private investigator supporting attorneys, businesses, service members, and private clients. Throughout his career, his work has focused on identifying facts, locating witnesses, analyzing evidence, and strengthening the factual foundation of legal cases through independent investigation.
The Military Defense Investigation Knowledge Base was created to share that investigative experience in a practical, understandable format. Its purpose is to help attorneys, service members, and families better understand the investigative process, ask more informed questions, and recognize opportunities where independent investigation may strengthen the defense.
Important Information
This Authority Publication is provided for educational and informational purposes and is intended to help readers better understand military defense investigations and the investigative process. It is based upon professional investigative experience and is designed to provide practical investigative insight rather than legal advice.
Every military case is unique. The investigative strategies, factual issues, and legal considerations applicable to one case may not apply to another. Readers should consult with a qualified attorney regarding legal rights, legal strategy, and decisions involving their individual circumstances.
Nothing contained in this publication should be interpreted as creating an attorney-client relationship or an investigator-client relationship. References to investigative techniques, procedures, or case examples are provided solely to illustrate investigative principles and should not be considered legal guidance.
Effective military defense is strengthened by informed legal representation supported by thorough factual investigation. The purpose of these Authority Publications is to help readers better understand that investigative process so they can communicate more effectively with qualified legal counsel and make informed decisions throughout the military justice process.