What is Article 128b UCMJ domestic violence?

Article 128b criminalizes certain violent and threatening acts committed against a spouse, intimate partner, dating partner or family member.
It covers assault, battery, strangulation, suffocation and other acts of domestic violence in a military context.

Who qualifies as a family or household member under Article 128b?

A family or household member can include a current or former spouse, an intimate or dating partner, someone you share a child with, a person who lives with you, or certain family relationships defined in the statute.
The relationship element is a key part of a domestic violence charge.

What does the government have to prove in an Article 128b case?

The government must prove that you committed an assault or violent act, that the act was intentional or reckless as charged, and that it was directed at a qualifying family or household member.
In strangulation or suffocation cases there are additional elements, such as applying pressure to the neck or blocking breathing or circulation.

What is domestic violence strangulation under Article 128b?

Strangulation or suffocation involves applying pressure to the neck or throat, or blocking breathing or blood flow.
These charges are treated as especially serious, even when there is little or no visible injury.
The prosecution often relies on medical records, photographs and the alleged victim’s description of symptoms.

How do most Article 128b investigations start?

Many cases begin with a 911 call from a spouse, neighbor or child, or with a report to the military police or command.
Law enforcement responds, separates the parties, takes statements and photographs, and often removes weapons.
Once a report is made, it is very hard to “undo” the process, even if the alleged victim later wants to drop the case.

What agencies investigate military domestic violence cases?

Depending on the branch and location, investigations may be handled by:

• Military police or security forces
• CID, NCIS, OSI or CGIS
• Local civilian police

In many cases both civilian and military agencies are involved.

Will I be issued a no contact order or protective order?

Almost always.
Commands routinely issue military protective orders and require the service member to stay away from the alleged victim and sometimes from the family home.
Civilian courts may also issue restraining orders, which can affect access to children and property.

Can I be forced to surrender my firearms in a domestic violence case?

Yes.
Commands often order service members to turn in government and personal weapons during an investigation.
A qualifying domestic violence conviction can permanently bar you from possessing firearms under federal law, which can end a military career and affect future employment.

What are the possible punishments for Article 128b domestic violence?

Punishments can include:

• Confinement
• Reduction in rank to E1
• Forfeiture of pay and allowances
• Punitive discharge such as Bad Conduct or Dishonorable
• Loss of retirement and veterans benefits
• Firearms prohibition and long term collateral consequences

Strangulation or child related allegations often carry higher maximum sentences.

What if my spouse or partner wants to drop the charges?

The decision to prosecute rests with the government, not the alleged victim.
Even when a spouse recants or asks to stop the case, prosecutors can move forward using prior statements, photographs, 911 recordings and witness testimony.
Recantation can help the defense, but it does not automatically end the case.

How important are 911 calls, texts and social media in domestic violence cases?

Very important.
Prosecutors often rely on 911 recordings, body camera footage, text messages, social media posts and photos taken after the alleged incident.
These digital records can support the government’s story or, in many cases, show contradictions and exaggeration that help the defense.

Can I be convicted if there are no injuries or visible marks?

It is possible.
Many domestic violence cases involve minor or no visible injuries.
The government may rely on the alleged victim’s description of pain, fear or brief strangulation, even without clear physical signs.
A strong defense challenges these claims with medical literature, expert testimony and careful cross examination.

What if I was acting in self defense?

Self defense is a recognized defense under the UCMJ.
The key issues are who started the fight, whether you reasonably believed force was necessary, and whether your response was proportional.
In many domestic cases both parties have injuries and the defense must present a clear narrative of who was defending themselves and why.

How do domestic violence allegations affect my security clearance?

Even before a conviction, a domestic violence allegation can trigger a security clearance review.
Concerns about judgment, reliability, alcohol abuse, anger management and financial stress can all come into play.
A conviction or adverse separation often leads to loss of clearance and serious career damage.

Can I be administratively separated even if I am not convicted at court martial?

Yes.
Commands can pursue an administrative separation board or Board of Inquiry based on a lower standard of proof.
These boards can recommend an Other Than Honorable discharge that will follow you for life, even if you were acquitted or never tried.

Do I need a civilian military defense lawyer for an Article 128b case?

Many service members choose to retain civilian counsel because domestic violence allegations threaten their career, family and freedom.
Military defense lawyers are dedicated but often carry heavy caseloads.
Civilian counsel can devote more time to investigative work, motion practice, negotiations and trial preparation while coordinating with appointed counsel when appropriate.

What experience does Gonzalez & Waddington have with domestic violence cases?

Our firm has defended domestic violence, strangulation and family violence allegations at bases in the United States, Europe, Asia and the Middle East.
We have handled contested trials, negotiated favorable plea deals and fought administrative boards in cases involving spouses, partners and children.
We understand how these cases intersect with firearms law, security clearances and long term family dynamics.

Who are the lawyers at Gonzalez & Waddington that defend Article 128b cases?

Michael Waddington and Alexandra Gonzalez-Waddington are internationally recognized civilian military defense lawyers with decades of experience defending service members in high stakes UCMJ cases.
They have written books on trial strategy and cross examination and have tried complex domestic violence, sexual assault and serious felony cases across multiple branches and continents.

How does Gonzalez & Waddington approach defending Article 128b domestic violence charges?

Depending on the facts, the defense may:

• Analyze 911 calls, body camera footage and early statements
• Challenge inconsistent or exaggerated allegations
• Use digital evidence to reconstruct timelines
• Present evidence of self defense or mutual combat
• Highlight motives to lie, such as divorce, custody disputes or financial stress

Each case is built on detailed investigation and targeted cross examination.

Can a domestic violence case be resolved short of a general court martial?

Sometimes.
Options may include lesser charges, nonjudicial punishment, alternative dispositions or administrative separation rather than a full trial.
The right choice depends on the strength of the evidence, your risk tolerance and long term goals.
A skilled defense team will evaluate all options, including full acquittal at court martial.

What happens at an Article 32 hearing in a domestic violence case?

At an Article 32 preliminary hearing the government presents evidence and witnesses, and the defense can cross examine and introduce some evidence.
The hearing officer then makes a recommendation on whether the case should go to court martial.
A well planned Article 32 can expose weaknesses in the case, lock in testimony and influence later decisions.

Can counseling, treatment or reconciliation help my case?

Counseling, anger management and family therapy can sometimes help in mitigation or sentencing and may influence how commanders view risk.
However, these steps should be coordinated through your lawyer so they do not look like admissions of guilt or get taken out of context.

What should I avoid doing if I am accused of domestic violence?

You should avoid:

• Talking about the case with anyone except your lawyers
• Texting or calling the alleged victim in violation of orders
• Posting about the incident on social media
• Destroying or altering potential evidence
• Ignoring protective orders or command directives

These mistakes can turn a defensible case into a much harder fight.

How long do Article 128b cases usually take from allegation to final outcome?

Many cases take six months to a year or more.
Delays come from investigations, forensic reviews, command decision making, Article 32 scheduling and court docket backlogs.
During this time you may be flagged, reassigned or restricted, which can be extremely stressful for you and your family.

What should I do right now if I am under investigation for domestic violence?

Remain calm, follow all orders and immediately assert your right to remain silent and to speak with a lawyer.
Do not try to fix the situation yourself.
Preserve texts, call logs and any other evidence that may help show what really happened.
Then contact an experienced civilian military defense lawyer to start building a strategy.