Domestic Violence (Article 128b UCMJ) & The Lautenberg Trap
Why a “Minor” Domestic Dispute Can End Your Career Forever.
The Lautenberg Amendment Warning
Do not plead guilty to Domestic Violence just to “get it over with.”
Under the federal Lautenberg Amendment, any person convicted of a “misdemeanor crime of domestic violence” is banned for life from owning or possessing firearms/ammunition.
The Military Impact: If you cannot carry a rifle, you cannot serve. A conviction under Article 128b usually results in an automatic administrative discharge and bars you from future jobs in law enforcement or security.
The “Primary Aggressor” Bias
Military law enforcement (MPs/CID) often operate under a “Primary Aggressor” policy. This means when they respond to a domestic disturbance, someone is going to jail—and 9 times out of 10, it is the service member, even if the spouse started the fight.
At Gonzalez & Waddington, we see cases where:
- The service member was defending themselves from a spouse throwing objects.
- The “injuries” were defensive marks (scratches from holding wrists to stop punches).
- The accuser uses the threat of a career-ending charge to gain leverage in a divorce or custody battle.
Comparison: Civilian vs. Military DV Consequences
| Consequence | Civilian Court | Military Court-Martial |
|---|---|---|
| Who Decides Charges? | District Attorney (often drops if spouse requests) | Commander (Rarely drops charges, even if spouse begs) |
| Protective Orders | Restraining Order (Civil) | MPO (Military Protective Order) – Violation is a federal crime. |
| Career Impact | May keep job if no jail time. | Almost certain discharge (Lautenberg Amendment). |
| Retirement | Unlikely to affect 401k. | Loss of Pension if discharged with Bad Conduct/Dishonorable. |
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
Frequently Asked Questions (FAQ)
Q: The MPs took pictures of a bruise. Am I convicted?
A: No. A bruise is evidence, but it is not proof of how it happened. Bruises can occur during self-defense, consensual rough play, or accidental bumps. We use forensic experts to analyze injury patterns and prove they are inconsistent with the accuser’s story.
Q: Should I make a statement to “tell my side”?
A: Absolutely not. In domestic cases, anything you say will be twisted. If you say, “I pushed her away because she was hitting me,” they will charge you with Assault for the push. Remain silent and call us.
Q: Can I get a waiver for the Lautenberg Amendment?
A: No. There are no waivers for the federal gun ban. The only way to restore your rights is to have the conviction overturned or expunged (which is nearly impossible) or to receive a Presidential Pardon.
Protect Your Rights and Your 2nd Amendment
A domestic violence charge is a bell that cannot be un-rung. You need a defense team that understands the high stakes.
