How Domestic Violence is Proven in the Military

April 4, 2026

How Domestic Violence is Proven in the Military is unique and complex. Attorney Barry, an experienced Military Lawyer, explains in depth at this link.

Domestic Violence is defined by Article 128b of the UCMJ. Essentially, it is a violent act committed against a spouse, intimate partner, or immediate family member. Furthermore, Domestic Violence in the Military criminalizes acts done with the intent to threaten or intimidate a spouse/intimate partner/immediate family member and violations of an MPO with the same group of individuals.

Domestic Violence in the Military is typically investigated by local police departments or the MPs/Security Forces. Furthermore, CID/OSI/NCIS may investigate more serious allegations. Finally, while unusual, Commands may investigate domestic violence using 15-6 investigations, Command Investigations, or Commander Directed Investigations.

How Domestic Violence is proven in the Military typically is the result of the following types of evidence:

Statements from eye witnesses/alleged victims
Photos taken by alleged victims/responding Officers
Videos taken by alleged victims
Text messages
Statements by those accused
911 calls
Statements from other individuals who experienced similar behavior from the individual accused
Audio recordings
Medical Records (i.e. statements made to providers, x-rays/MRIs, doctor's notes/observations, etc.)

Any of this evidence, alone or combined with other types, could be enough to prove domestic violence. Domestic violence in the Military, if substantiated, can result in any of the following types of adverse action:

Court-Martial
Separation Board (Army, Air Force, Navy/Marines, Coast Guard)
Board of Inquiry (Army, Air Force, Navy/Marines, Coast Guard)
Reprimands (ie. GOMORs, LORs)
Article 15s/NJP
Negative Evaluations

Any Servicemember wondering how Domestic Violence in the Military is proven should immediately consult an experienced Military Defense Lawyer. Decisions made during the investigation can make all the difference. Furthermore, a well-crafted rebuttal to an adverse action, which should include additional evidence collected by a lawyer, can result in the case being dropped. Finally, effective representation during the Court-Martial/separation process is vital to success (i.e. allegations being unsubstantiated and/or retention in the Military). While JAGs are available to assist, they are often over-worked, inexperienced, and unwilling or unable to provide adequate advice/assistance for domestic violence allegations. A civilian Military Lawyer can be retained, which allows a Soldier to be represented by a proven lawyer with 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. He has extensive experience with all types of Military Adverse Actions, including those related to domestic violence in the Military.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.