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Article 128b of the Uniform Code of Military Justice establishes criminal liability for acts of domestic violence and abuse within the military environment. It encompasses assaultive conduct, threats, and other harmful or coercive behaviors directed at individuals with whom the accused shares a qualifying personal, intimate, or family-based connection. The article codifies domestic violence as an offense distinct from general assault, emphasizing misconduct that occurs in the context of a domestic relationship.
The statute applies when allegations arise within defined relationship categories, including spouses, intimate partners, cohabitants, former partners, and individuals with whom the servicemember shares a child. By anchoring the offense to relationship status rather than physical location or marital status alone, Article 128b captures a wide range of personal domestic situations unique to military service members and their dependents.
Violations of Article 128b can expose an accused servicemember to felony-level punishment under the UCMJ, including confinement and punitive discharges. Beyond judicial consequences, substantiated violations may trigger administrative actions such as adverse findings in command records, loss of career opportunities, and potential separation from service, regardless of whether a court-martial occurs.
Article 128b differs from typical civilian domestic violence statutes by operating within the military justice system, which integrates command authority, military-specific relationship definitions, and jurisdiction over both on‑ and off‑duty conduct. Unlike civilian law, the UCMJ applies worldwide, follows servicemembers across duty stations, and incorporates military readiness considerations into its legal architecture, resulting in a distinctive regulatory framework for domestic violence offenses.
Domestic violence and abuse under military law involve offenses defined in Article 128b UCMJ, including assault or coercive control within intimate relationships. At Fort Riley, such allegations can quickly trigger administrative separation and court-martial actions. Gonzalez & Waddington provide guidance; 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 Riley, domestic violence and abuse allegations are processed rapidly because military personnel are subject to mandatory reporting requirements. When an incident is brought to the attention of military police, healthcare providers, or command representatives, the report must be elevated through official channels. Command teams are obligated to respond promptly, which creates an immediate and structured chain of actions once an allegation is documented.
Early in the process, commanders may issue no-contact orders to prevent further conflict and preserve safety while facts are gathered. In addition, military policies require temporary firearms restrictions when certain risk factors are present, particularly when they intersect with ongoing investigations or protective actions. These measures are precautionary and are used to stabilize the situation during the assessment period.
Fort Riley also employs command risk management protocols that emphasize quick evaluation of potential safety concerns and close monitoring of involved service members. This approach prioritizes visibility, meaning that incidents receive immediate attention from multiple oversight points, including command, legal, and support agencies. As a result, allegations move quickly through review and coordination, ensuring that risks are addressed without delay.
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.
Cases often involve relationship disputes or household conflict where partners or family members describe disagreements that allegedly intensified during daily routines or while navigating military-related stressors. These situations may be reported as misunderstandings, arguments, or emotionally charged exchanges rather than clear-cut criminal conduct.
Another recurring pattern involves third-party reporting, such as neighbors, friends, or other soldiers requesting welfare checks after hearing or observing something they interpret as concerning. These reports can trigger law enforcement involvement even when the individuals in the home did not seek outside assistance.
Alcohol use and emotional escalation are also frequently referenced, with statements made during stressful incidents sometimes playing a significant role in shaping the initial narrative. Such statements may later be reconsidered, clarified, or contextualized as the parties describe the pressures affecting them at the time.
Domestic violence cases at Fort Riley involve coordinated investigative efforts between military police, unit leadership, and specialized investigative agencies. These inquiries focus on documenting the circumstances of the incident, gathering records, and compiling factual information relevant to the alleged conduct.
Evidence collected in these cases can come from multiple military and civilian sources. The goal of the investigation is to assemble an objective record of what occurred, relying on official reports, personal accounts, and materials that capture the physical or digital context surrounding the incident.
At Fort Riley, administrative separation actions may begin even when a soldier has not been convicted of domestic violence, because commanders can initiate adverse processes based on credible evidence or concerns about good order and discipline. These actions are administrative rather than criminal, but they can still carry significant consequences for a service member’s career.
Depending on the soldier’s rank and circumstances, the Army may require a Board of Inquiry or other show-cause proceedings to determine whether the member should be retained. These boards review evidence, consider the nature of the allegation, and assess whether continued service is compatible with Army standards.
If separation is recommended, the characterization of service—such as Honorable, General Under Honorable Conditions, or Other Than Honorable—will be determined through the administrative process. This characterization reflects the soldier’s overall service record as well as the conduct forming the basis for the separation action.
Administrative separation can also affect a soldier’s security clearance and broader career trajectory, as domestic violence allegations may trigger reviews of trustworthiness, reliability, and suitability for certain duties or assignments. Even without a criminal conviction, these administrative and clearance reviews can create long-term professional exposure.
Domestic violence allegations often trigger simultaneous criminal military investigations that examine whether conduct violated the Uniform Code of Military Justice. These inquiries can involve military police, investigative agencies, and legal authorities who assess potential criminal liability and evidentiary issues.
Alongside the criminal process, commands may initiate command-directed investigations to evaluate safety concerns, fitness for duty, and the service member’s compliance with military standards. These administrative inquiries can proceed even when criminal processes are pending, and their findings can independently influence a service member’s career.
Depending on the outcome of these investigations, commanders may impose administrative measures such as Letters of Reprimand or pursue more serious actions including Boards of Inquiry and court-martial proceedings. As a result, a single domestic violence allegation can cascade into multiple overlapping legal consequences within the military system.
Our team has extensive experience navigating relationship‑driven domestic violence and abuse allegations, including cases where emotional dynamics, misunderstandings, or conflicting accounts shape the evidence. This background allows us to analyze the context of each accusation and identify issues that may influence how the facts are interpreted.
We provide integrated representation that addresses both the criminal process and the administrative actions that often accompany these allegations at Fort Riley. This includes advising on potential command responses, collateral consequences, and the military procedures that run parallel to any criminal investigation.
With decades of involvement in military justice, the firm is familiar with the practical demands of cross‑examining witnesses, law enforcement personnel, and investigators in domestic‑violence‑related cases. This experience supports a detailed, fact‑focused approach to evaluating statements, uncovering inconsistencies, and presenting a thorough defense.
Article 128b addresses domestic violence offenses involving physical harm, threats, or certain forms of coercive conduct against a spouse, intimate partner, or household member. It also includes violations related to protective orders issued by military authorities. The article outlines the elements the government must prove to establish a domestic violence offense.
Yes, administrative separation can occur independently of a court-martial. Commanders may initiate administrative action based on the underlying conduct, regardless of whether criminal charges are pursued. The process follows established military regulations and requires specific documentation.
No-contact orders are command directives intended to prevent communication between a service member and another person while concerns are investigated. Violating such an order can result in additional disciplinary action under the UCMJ. These orders may affect living arrangements and daily routines during the case.
Firearms restrictions may apply under federal law when certain qualifying domestic violence conditions are present. Command policies can also limit access to weapons during ongoing investigations. These restrictions can impact duty assignments involving issued firearms.
Evidence can include statements, digital communications, physical signs of injury, and witness accounts. Investigators may also review police reports, medical records, and recorded communications. The type and amount of evidence collected vary by case.
Administrative actions such as counseling statements, flags, or suspension of favorable actions may accompany an allegation. These actions are separate from criminal proceedings and follow their own regulatory standards. They can remain in place while the case is reviewed.
Civilian lawyers may assist a service member alongside military defense counsel. They can participate in meetings, review case materials when permitted, and provide representation in civilian legal matters connected to the case. Their involvement follows installation access rules and applicable regulations.
Fort Riley is located in north‑central Kansas along the Flint Hills, positioned between the communities of Junction City and Manhattan. The installation sits near the Kansas River and is surrounded by rolling prairie terrain that supports large-scale maneuver training. Its central U.S. location provides strategic access to major transportation routes, allowing units to deploy quickly in support of national and global missions. The surrounding civilian communities have a long history of integration with the installation, with shared infrastructure, workforce connections, and support services that directly influence daily life for military families.
Fort Riley is home to elements of the U.S. Army, including major combat and support units that focus on readiness for rapid deployment. The installation’s mission emphasizes sustaining a heavy armored force, conducting large combined-arms training, and supporting operational commands that maintain global response capabilities. Aviation, logistics, engineering, and sustainment elements contribute to a balanced operational footprint, enabling the installation to prepare units for missions ranging from regional security cooperation to overseas contingency operations.
Fort Riley hosts a substantial active duty population, including soldiers assigned to deployable brigade-level organizations as well as specialized support units. The installation maintains a high training tempo, with continuous field exercises, gunnery rotations, and mission rehearsal events. Aviation activity, intelligence support, and medical readiness operations occur throughout the year. Many units at Fort Riley cycle through overseas deployments or rotational missions, and the installation regularly receives incoming personnel for reassignments, joint training, or temporary duty.
The fast-paced training environment and operational demands at Fort Riley mean that service members may encounter situations that involve the Uniform Code of Military Justice. Investigations, administrative actions, non-judicial punishment, courts-martial, and separation proceedings can arise from incidents on post, in training areas, or within nearby communities. Because readiness requirements often place soldiers in high-intensity environments, legal matters must be handled efficiently and with an understanding of the installation’s unique mission. The military defense lawyers at Gonzalez & Waddington represent servicemembers stationed at or connected to Fort Riley, providing support when UCMJ issues emerge.
You should consult a civilian military defense lawyer as soon as you learn of an allegation or investigation to protect both your legal and career interests.
A not guilty verdict does not automatically prevent administrative action or career-impacting consequences.
Prior relationship conflict may be admitted to show context, motive, or pattern, but it is often contested by the defense.
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.
