Domestic Violence in the Military

Domestic Violence in the Military (DV) is defined by Article 128b of the UMCJ. The typical elements of the offense are as follows:

• That the accused committed a violent offense; and,
• That the violent offense was committed against a spouse, intimate partner, or immediate family member of the accused

However, domestic violence in the military (DV) can also include the following offenses:

Assaulting a spouse, intimate partner, or an immediate family member of that person by strangulation or suffocation:

• That the accused assaulted a spouse, an intimate partner, or an immediate family member of the accused;
• That the accused did so by strangulation or suffocation; and,
• That the strangulation or suffocation was done with unlawful force or violence

Violation of a protection order with the intent to commit a violate offense against a spouse, an intimate partner, or an immediate family member of that person:

• That a lawful protection order was in place;
• That the accused committed an act in violation of that lawful protection order; and,
• That the accused committed the act with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of the accused

Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person:

• That the accused committed an act in violation of the UCMJ;
• That the accused committed the act against any property, including an animal; and,
• That the accused committed the act with the intent to threated or intimidate a spouse, intimate partner, or an immediate family member of the accused

Commission of a violation of the UCMJ against any person with the intent to threaten or intimidate a spouse, intimate partner, or immediate family member of that person:

• That the accuse committed an act in violation of the UCMJ;
• That the accused committed the act against any person; and,
• That the accused committed the act with the intent to threaten or intimidate a spouse, or intimate partner, or an immediate family member of the accused

Domestic violence in the military (DV) includes violent acts against an "intimate partner," which is defined as a former spouse, person with whom one shares a child in common, or a person with whom one cohabits or with whom has cohabited as a spouse, or a person with whom one has been in a social relationship of a romantic or intimate nature.

Domestic violence in the military (DV) also includes violence against immediate family, which includes one's spouse, parent, brother/sister, child, or other person to whom he/she stands in loco parentis, or any other person living in one's household to whom he/she is related by blood or marriage.

Domestic violence in the military (DV) is often exaggerated, or outright falsified, by those closest to the accused.  Often times an inaccurate initial report is made in the heat of the moment, and no one believes the alleged victim later when he/she recants.

Additionally, when domestic violence in the military (DV) does occur, it is often related to PTSD/TBIs and other mental health conditions that a Servicemember develops because of his/her service. The military is quick to laud Servicemembers when they do great things in the Military, but then often fails to understand that mental health conditions that result can lead to misconduct, like domestic violence.  Commands often will "throw the book," at a Servicemember without understanding any mitigating factors. Often times domestic violence in the military (DV) is better addressed with family counseling, and not with the UCMJ. Unfortunately, the leaders in the military frequently do not agree with this.

Domestic violence in the military (DV) is an offense that is under the purview of the office of the special trial counsel (OSTC). Essentially, this means that these allegations receive heightened scrutiny and the decision to pursue a court-martial has been removed from the chain of command and placed in the hands of JAG Officers who have no relationship with the accused.

Any Servicemember accused of domestic violence in the military (DV) should recognize that his/her career is in jeopardy.  A court-martial may be pursued, which carries the consequences of a federal conviction, bad conduct/dishonorable discharge, and jail time. If a court-martial is not pursued, each Service may still purse other adverse actions:

• Army: GOMOR, Article 15, Referred NCOER, Referred OER, Separation Board, Board of Inquiry
• Navy/Marines: Reprimand, NJP, negative FITREP, Separation Board, Board of Inquiry
• Air Force: LOR/LOC/LOA, NJP, negative EPR, Separation Board, Board of Inquiry
• Coast Guard: LOR/LOA, NJP, negative OER/EER, Separation Board, Board of Inquiry

Essentially, any Servicemember accused of domestic violence in the military (DV) faces severe consequences and should immediately consult with an experienced military defense lawyer. While each service has JAGs available, they are likely to be inexperienced and overworked.  Servicemembers have the option to hire a civilian defense counsel, which allows them to choose a lawyer with a proven track record of success and strong former client reviews. 

This article was written by Attorney Matthew Barry, an experienced Military Defense Attorney who is highly rated by his former clients.

Attorney Barry has offices on the East Coast, West Coast, and the Central United States. Him and his team will travel to any installation, worldwide, to represent a Servicemember accused of misconduct. He represents Servicemembers in the Army, Navy, Marine Corps, Air Force, and Coast Guard.

Contact him today for a free consultation.