Domestic violence threatens families and careers. Article 128b of the Uniform Code of Military Justice (UCMJ) was enacted in 2019 to specifically criminalize domestic violence and to close gaps in existing assault laws. If you are accused of domestic violence as a service member, you face serious consequences — both on and off duty. This page explains the law, what acts are covered, potential punishments, available defenses and why experienced counsel matters.

What is Article 128b of the UCMJ?

Article 128b, codified at 10 U.S.C. § 928b, defines domestic violence. In simple terms, the law makes it a crime for a service member to commit certain violent or threatening acts against a spouse, intimate partner, dating partner or immediate family member. It was enacted on January 1, 2019, after Congress recognized that the general assault article did not adequately address domestic abuse within military families.

What acts constitute domestic violence under Article 128b?

Domestic violence under the UCMJ goes beyond simple assault. It includes:

• Physical violence, such as hitting, kicking or strangling a spouse, partner or family member.
• Property crimes, like vandalism or destruction of property, when done to threaten or intimidate a loved one.
• Violating no‑contact or protection orders issued by military or civilian courts.
• Threatening acts, including making statements or gestures intended to instill fear of bodily harm.
• Offenses against animals when used to threaten or intimidate a partner.
• Stalking and harassment that cause emotional distress or fear of harm.

Notably, you can be convicted without an actual “unlawful touching.” Violating a protective order with the intent to intimidate can itself result in a conviction.

What are the punishments for domestic violence under the UCMJ?

Unlike other punitive articles, Article 128b does not specify maximum punishments. Military judges and convening authorities often look to the general assault article (Article 128) for sentencing guidance. Penalties may include:

• Confinement (often measured in months or years depending on the severity of injury);
• Reduction in rank and forfeiture of pay and allowances;
• Punitive discharge (bad‑conduct or dishonorable discharge);
• Loss of retirement benefits and civilian employment opportunities;
• Firearms restrictions under the Lautenberg Amendment, which prohibit those convicted of domestic violence from owning or transporting firearms.

Because a conviction under Article 128b can end your military career and restrict your civilian rights, it is crucial to mount a strong defense.

What defenses are available for Article 128b charges?

Being charged does not mean you will be convicted. A tailored defense strategy considers the unique facts of your case. Common defenses include:

• Self‑defense or defense of others: demonstrating that any force used was reasonable and necessary to protect yourself or someone else.
• Lack of intent: showing you did not intend to threaten, intimidate or harm anyone.
• Alibi or mistaken identity: proving you were not present at the scene of the alleged incident.
• Consent: arguing that contact was consensual under the circumstances.
• Mental incapacity or duress: establishing that you were unable to form the required intent due to mental illness or external pressures.
• Investigation errors or misconduct: challenging the legality of searches, seizures, or interrogation, or pointing out bias by investigators or commanders.

Only an experienced military defense attorney can evaluate which defenses apply to your case. We recommend contacting our firm immediately so we can start preserving evidence and advising you on your rights.

What should I do if I am accused of domestic violence?

If you are under investigation or have been charged with domestic violence:

• Do not speak to investigators without counsel. You have a right to remain silent and consult a lawyer before making any statement. Exercise your Article 31 rights.
• Comply with protection orders. Violating a no‑contact order can itself result in additional charges under Article 128b.
• Preserve evidence. Keep records of text messages, emails and witnesses that can corroborate your side of the story.
• Speak with experienced counsel. Military defense attorneys understand the nuance of the UCMJ and can negotiate with commanders to reduce or dismiss charges.

How can a domestic violence charge affect my career and life?

Even an allegation of domestic violence can have immediate impacts on your service and family life. You may be placed on administrative leave, relieved from your duties or lose your security clearance. A conviction can lead to a punitive discharge, loss of pension, inability to possess firearms and difficulty gaining civilian employment. For parents, child custody arrangements may also be affected by domestic violence findings. Early legal representation can help you mitigate these outcomes.

We can help

As former military prosecutors and seasoned defense attorneys, the team at Gonzalez & Waddington understands both sides of the courtroom. We have defended service members worldwide in courts‑martial, administrative separation boards and appeals. Our firm will investigate your case, advise you on the best strategy and fight for your rights. Call us today or send us a secure message to schedule a confidential consultation.