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Article 128b of the Uniform Code of Military Justice defines domestic violence as criminal conduct committed against a spouse, intimate partner, immediate family member, or other qualifying relationship. The provision covers acts such as physical harm, threats of harm, or violations of protective orders when they occur within these domestic or relational contexts.
The statute focuses on relationship-based allegations, meaning the nature of the connection between the accused and the alleged victim is central to whether the conduct falls under Article 128b rather than another offense. Qualifying relationships include current or former spouses, individuals who share a child, romantic partners, and certain cohabitants.
Article 128b can carry felony-level exposure depending on the conduct involved, including potential confinement, punitive discharge, and loss of rank or pay. In addition to criminal penalties, substantiated domestic violence allegations can lead to administrative actions such as adverse evaluations, administrative separation, or placement on service-specific incident registries.
Unlike civilian domestic violence laws, Article 128b operates within the unique structure of military justice, allowing commanders and military courts to address misconduct that affects good order and discipline. The military system also applies its own evidentiary rules, jurisdictional authority, and definitions of qualifying relationships, distinguishing it from state-level domestic violence frameworks.
Domestic violence and abuse under military law, defined by Article 128b UCMJ, involve acts or threats of harm against protected persons. At Fort Myer, allegations can quickly trigger administrative separation and potential court-martial. Gonzalez & Waddington provide guidance on these processes. For information, call 1-800-921-8607.
Watch the criminal defense lawyers at Gonzalez & Waddington break down how they defend criminal cases and service members worldwide against Federal Charges, Florida State Charges, 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 criminal defense lawyers can make the difference.
At Fort Myer, domestic violence and abuse allegations move rapidly because military personnel are subject to mandatory reporting requirements. When an allegation is raised, commanders, law enforcement, and Family Advocacy Program staff must be notified, triggering a structured and time‑sensitive command response designed to ensure immediate safety and compliance with Department of Defense policy.
These situations also escalate due to the prompt issuance of no‑contact orders or military protective orders. Commanders often implement these measures early to prevent further conflict, and, when applicable, they may impose temporary firearms restrictions in accordance with federal and military regulations. These steps are administrative in nature but can significantly affect a service member’s daily life and duties.
Fort Myer leadership further prioritizes swift action because of command risk‑management responsibilities and the high visibility of incidents on a joint‑service installation. Commanders must document decisions, assess potential risks to personnel and mission readiness, and ensure that all safety and reporting protocols are followed, which can create an appearance of rapid escalation even when processes are routine.
If you or a loved one is facing criminal charges or a criminal investigation by federal authorities, the military, or the State of Florida, early defense matters. Gonzalez & Waddington provide disciplined, trial-focused criminal defense for high-stakes cases involving serious allegations and complex evidence. To speak with experienced criminal defense lawyers and get confidential guidance, call 1-800-921-8607 or text 954-909-7407 to request a no-cost, confidential consultation.
Reports from Fort Myer often describe relationship disputes or household conflicts in which partners or family members provide differing accounts of what allegedly occurred. These situations may involve misunderstandings, disagreements about shared responsibilities, or escalating arguments that prompt someone to seek assistance from military law enforcement.
Some incidents begin with third-party reporting, such as neighbors, friends, or extended family requesting welfare checks after hearing commotion or observing signs of distress. In these scenarios, responding personnel typically rely on statements given at the scene, which can reflect the stress and confusion of the moment rather than a fully developed account.
Alcohol use frequently appears in these reported patterns, with individuals alleging that intoxication contributed to emotional escalation. Statements made during these high-stress incidents—often before anyone has had time to calm down—may differ substantially from later accounts, creating challenges in assessing the circumstances described to authorities.
Domestic violence cases at Fort Myer typically involve coordinated investigative efforts between military police, command officials, and specialized investigative agencies. These investigations focus on gathering objective information to understand the circumstances surrounding the reported incident.
Evidence collected during these inquiries helps document what occurred and provides a factual foundation for any further administrative or legal processes within the military system.
At Fort Myer, soldiers facing domestic violence allegations may encounter administrative separation proceedings even when no criminal conviction exists. Commanders can initiate actions based on the underlying conduct, the associated incident report, or concerns about good order and discipline.
These cases often move forward through a Board of Inquiry or show-cause proceedings, where evidence is reviewed to determine whether continued service is appropriate. The process focuses on the service member’s overall suitability rather than the criminal burden of proof.
Outcomes may include various discharge characterizations, such as Honorable, General (Under Honorable Conditions), or Other Than Honorable. The characterization can influence post-service opportunities and how the separation is viewed by future employers.
Allegations of domestic violence may also affect a soldier’s security clearance and career progression, as commands may reassess trust, reliability, and deployability. Even without a conviction, the administrative record can shape future assignments and retention considerations.
Domestic violence allegations within the military often trigger both civilian and military criminal military investigations, which can run concurrently. Military law enforcement agencies, such as CID, NCIS, or OSI, may initiate inquiries to determine whether UCMJ offenses occurred, even when civilian authorities are also involved.
In addition to criminal inquiries, commands may initiate command-directed investigations to assess the service member’s conduct, potential unit impact, and any required administrative or safety measures. These investigations can proceed regardless of whether criminal charges are filed and may influence a commander’s decisions on discipline or duty status.
Adverse administrative actions frequently stem from these findings, including Letters of Reprimand, which can negatively affect a member’s record. More serious outcomes may include Boards of Inquiry or court-martial proceedings, where the allegations and supporting evidence are reviewed to determine whether separation, punitive measures, or further action is warranted.
Our team brings extensive experience handling relationship‑driven allegations, including cases in which domestic violence or abuse allegations arise from complex personal dynamics. This background allows us to address the nuanced interpersonal factors that often shape the government’s theory of the case.
We provide an integrated approach that considers both criminal exposure under the UCMJ and the administrative actions that can follow, such as adverse findings, security clearance concerns, or separation proceedings. This dual‑track perspective helps ensure that each aspect of the case is aligned with the broader defense strategy.
With decades of military justice experience, our attorneys are familiar with the investigative methods used on military installations and are prepared to conduct focused cross‑examination of witnesses and investigators. This allows us to test the strength of the government’s evidence and bring forward facts that may otherwise be overlooked.
Article 128b addresses offenses involving domestic violence, including acts or attempted acts of violence against protected persons such as spouses or intimate partners. It also encompasses certain nonphysical conduct when tied to coercive or threatening behavior. The article outlines elements the government must consider when evaluating such allegations.
Yes, administrative separation proceedings can be initiated independently of a court-martial. These actions operate under different standards and processes than criminal cases. Commanders may pursue administrative steps even when no trial occurs.
No-contact orders are command-driven directives intended to manage safety and unit readiness during an investigation or incident. They may limit communication or physical proximity between involved individuals. Violating such orders can trigger additional administrative or disciplinary action.
Certain domestic violence–related circumstances can result in temporary or long-term restrictions on possessing or accessing firearms. These limitations may stem from federal law, military policy, or specific command decisions. Compliance is monitored closely due to the sensitive nature of the allegations.
Investigations may review statements, digital communications, physical observations, and reports from military or civilian responders. Command and investigative agencies evaluate this information to understand the context and sequence of events. The evidence gathered informs subsequent administrative or disciplinary decisions.
Administrative actions can run parallel to, or separate from, criminal investigations. They may include evaluations of conduct, duty performance, or suitability for continued service. The outcome of one process does not automatically determine the other.
Service members may consult civilian counsel for guidance on military or civilian processes. Civilian lawyers can coordinate with appointed military counsel when appropriate. Their involvement typically depends on the service member’s preferences and the procedural stage of the case.
Fort Myer is located in Northern Virginia, immediately adjacent to Arlington National Cemetery and within sight of the nation’s capital. Embedded in Arlington County’s dense urban corridor, the installation sits just across the Potomac River from Washington, D.C., linking it closely with federal agencies, defense headquarters, and national ceremonial sites. The region’s four-season Mid-Atlantic climate and its heavily developed terrain shape daily operations, with surrounding communities such as Arlington, Rosslyn, and Pentagon City providing housing, services, and transit connections for military families. The installation’s proximity to national landmarks and federal institutions gives it a distinct operational importance tied to ceremonial missions and military support to the National Capital Region.
Fort Myer forms part of Joint Base Myer–Henderson Hall, supporting primarily Army units with a close presence of Marine Corps elements. The installation is best known as the home of The 3rd U.S. Infantry Regiment (The Old Guard) and the U.S. Army Band “Pershing’s Own,” both of which perform ceremonial and security missions throughout the capital region. These units conduct honor missions at Arlington National Cemetery, support state-level ceremonies, and maintain readiness for contingency operations within Washington, D.C. The base also hosts key command and support organizations that contribute to regional defense coordination and interagency cooperation.
Fort Myer supports a diverse population of active duty personnel, including soldiers assigned to ceremonial units, command staff, and specialized support elements. While the installation is not a large training base, it maintains a steady operational tempo due to its continuous ceremonial commitments and rotational mission requirements within the capital area. Service members routinely balance precision ceremonial duties with field training, mobility requirements, and readiness tasks tied to national-level operations and homeland defense coordination.
The unique mission demands and visibility of Fort Myer can influence the types of UCMJ issues that arise, including investigations, administrative actions, non-judicial punishment, and courts-martial connected to duty performance, conduct standards, or operational readiness. Service members assigned to or passing through the installation may require legal representation as they navigate these processes. The military defense lawyers at Gonzalez & Waddington represent servicemembers at Fort Myer.
Text messages, bodycam footage, and 911 recordings can strongly influence credibility assessments and charging decisions.
Yes, Article 128b cases often proceed without physical evidence and rely on statements, recordings, or circumstantial proof.
A qualifying conviction can trigger federal firearm prohibitions under the Lautenberg Amendment, affecting both duty and personal firearms.
Punishments can include confinement, reduction in rank, forfeitures, punitive discharge, and other collateral consequences.
Yes, domestic violence allegations frequently result in administrative separation even without a criminal conviction.
