Marine Corps Air Station Cherry Point Domestic Violence & Abuse Defense Lawyers
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Article 128b of the Uniform Code of Military Justice establishes a distinct offense for domestic violence, covering acts of assault, threats, intimidation, or other abusive conduct committed against an intimate partner or immediate family member. The provision addresses both physical and non‑physical forms of abuse, capturing conduct that reflects coercive or controlling behavior within a domestic setting.
The article is relationship-focused, meaning the nature of the connection between the service member and the alleged victim is a defining element of the offense. Qualifying relationships can include spouses, former spouses, co-parents, individuals in romantic partnerships, and others whose domestic ties place the alleged conduct within the scope of this law.
Violations of Article 128b can lead to felony-level exposure within the military justice system, with the potential for significant punitive outcomes. In addition to criminal liability, substantiated allegations may trigger administrative consequences such as adverse actions, loss of privileges, or separation proceedings under military regulations.
Article 128b differs from civilian domestic violence laws by incorporating military-specific standards, jurisdictional rules, and disciplinary mechanisms. While civilian statutes typically rely on state-defined domestic relationships and penalties, Article 128b integrates these definitions into the UCMJ framework, allowing the military to address domestic abuse through courts-martial, command authority, and administrative processes unique to the armed forces.
Domestic violence and abuse under military law involve alleged harm or threats against a spouse, partner, or family member, addressed under Article 128b UCMJ. At Marine Corps Air Station Cherry Point, such allegations can rapidly escalate into administrative separation and court-martial actions. Gonzalez & Waddington can be reached at 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 Marine Corps Air Station Cherry Point, mandatory reporting requirements mean that once an allegation is raised, military police, command representatives, and relevant support agencies must be notified promptly. This structured response is designed to ensure safety and compliance with service-wide protocols, and it naturally accelerates the pace at which the situation is reviewed and addressed.
Commands may issue no‑contact orders and initiate firearms restrictions as precautionary measures while the matter is assessed. These actions are not judgments of guilt but administrative steps intended to prevent further conflicts and protect all parties involved during the initial review phase.
The command’s risk‑management obligations and the high visibility of personnel matters on a military installation can also contribute to rapid escalation. Supervisors are required to assess potential risks, document their decisions, and coordinate with multiple offices, which increases the speed and scope of the response.
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 often describe relationship disputes or household conflict where service members or family members disagree about finances, separation, childcare, or household responsibilities. These situations may lead to calls for assistance when tensions rise, but the underlying events can vary significantly and should not be assumed to reflect wrongdoing.
Another recurring pattern involves third‑party reporting, such as neighbors, friends, or command personnel requesting welfare checks after overhearing arguments or observing concerning behavior. These reports may be based on limited information, and the circumstances prompting the call can be misunderstood or incomplete.
Alcohol use and emotional escalation also appear frequently in reported incidents, with individuals making statements during stressful or highly charged moments. Such statements are often later clarified or retracted, emphasizing that the initial accounts may not present a full or accurate picture of what occurred.
Domestic violence cases at Marine Corps Air Station Cherry Point rely on structured investigative procedures designed to document events, identify all involved parties, and preserve information relevant to command and legal authorities. These procedures support both military and federal justice systems by ensuring accurate, factual records.
Investigators may gather multiple forms of evidence to understand the circumstances surrounding an alleged incident. The materials collected are used to reconstruct timelines, verify accounts, and provide a clear record for decision‑making by the appropriate military entities.
Service members at Marine Corps Air Station Cherry Point can face administrative separation based solely on domestic violence allegations, even if no criminal conviction occurs. Commands may initiate this process when they believe the allegations raise concerns about judgment, reliability, or adherence to Marine Corps standards.
Administrative separation often proceeds through a Board of Inquiry or show‑cause proceedings, where evidence is reviewed to determine whether retention is appropriate. These forums focus on suitability for continued service rather than criminal guilt.
If separation is recommended, the discharge characterization—ranging from Honorable to Other Than Honorable—depends on the underlying conduct, service record, and findings of the administrative board. This characterization becomes a lasting part of a Marine’s military record.
Domestic violence allegations can also affect a Marine’s security clearance and long‑term career prospects, as adjudicators may view such claims as indicators of potential risk. Even without criminal charges, the administrative process can influence future assignments, promotions, and eligibility for continued service.
Domestic violence incidents within the military often trigger criminal military investigations, which evaluate whether the alleged conduct violates the Uniform Code of Military Justice and whether charges should be pursued. These investigations may run parallel to civilian law enforcement inquiries, and findings can significantly influence a service member’s criminal exposure and military career trajectory.
In addition to criminal inquiries, commanders may initiate command-directed investigations to assess the circumstances surrounding domestic disputes, determine unit impact, and decide whether administrative action is appropriate. Such investigations can lead to measures including Letters of Reprimand, which become part of a service member’s official record and may affect promotion, retention, and future opportunities.
More serious findings can escalate the situation to Boards of Inquiry or court-martial proceedings, where a service member’s fitness for continued service or potential criminal culpability is formally adjudicated. Domestic violence allegations, even without a criminal conviction, can serve as grounds for administrative separation or judicial proceedings, illustrating how these cases intersect with multiple layers of military justice and administrative oversight.
The firm is frequently retained at Marine Corps Air Station Cherry Point because its attorneys have extensive experience navigating relationship-driven allegations, including cases where personal history, military culture, and interpersonal dynamics play a significant role in how accusations arise and evolve.
Clients also seek their representation due to the firm’s ability to integrate criminal defense with administrative and command-level processes, ensuring that investigations, adverse actions, and parallel proceedings are addressed with a coordinated strategy tailored to the realities of military life.
The attorneys bring decades of military justice experience to cases requiring rigorous cross-examination of witnesses, law enforcement personnel, and military investigators, providing service members with a defense grounded in deep familiarity with the rules, procedures, and investigative methods used across the armed forces.
Article 128b addresses domestic violence offenses within the military justice system. It covers acts such as assault, strangulation, and violations involving intimate partners or household members. The article defines specific elements that investigators and commanders may review during a case.
Service members may face administrative separation proceedings that are separate from the court‑martial process. These actions can occur even if no criminal trial is initiated. The command reviews available information to determine whether administrative processing is appropriate.
These orders are issued by a command to regulate contact between individuals during an investigation or concern for safety. They are administrative in nature and may outline limits on communication or proximity. Violating such orders can have additional military consequences.
Certain domestic violence‑related findings or restrictions may trigger federal firearm prohibitions under applicable laws. Commands may also impose temporary restrictions during an investigation. These restrictions can influence a Marine’s ability to perform duties requiring weapons access.
Investigations can review items such as statements, digital communications, injury documentation, and command observations. Agencies like NCIS or PMO may gather materials relevant to the alleged incident. The command may consider this information when making administrative decisions.
Administrative actions operate separately from criminal processes and may include evaluations, restrictions, or separation proceedings. Commands assess available information to determine what actions are appropriate. These measures are handled through established Marine Corps administrative procedures.
Service members may consult or retain civilian counsel in addition to any military defense counsel they may receive. Civilian attorneys can assist with communication, documentation, or other aspects the member wishes to address. Their involvement does not replace the role of assigned military counsel.
Marine Corps Air Station Cherry Point is located in eastern North Carolina, positioned along the Neuse River near the communities of Havelock, New Bern, and Morehead City. Its proximity to the Intracoastal Waterway and the Atlantic coastline provides direct access to key air and maritime corridors, which is central to the installation’s aviation mission. The surrounding region features flat coastal terrain, humid summers, and mild winters, conditions that support year-round flying operations. Cherry Point is deeply woven into the fabric of the local civilian communities, with military personnel, families, and contractors forming a significant part of the regional economy and workforce.
Cherry Point is a major Marine Corps aviation hub, serving as home to 2nd Marine Aircraft Wing and several aviation support and maintenance commands. The installation’s mission centers on providing operational, logistical, and sustainment support for Marine aviation forces preparing for deployment across the globe. Tenant units conduct aircraft maintenance, airfield operations, and specialized training to ensure rapid response capabilities. The base’s airfield—one of the longest on the East Coast—enables high-tempo sorties, joint exercises, and interservice coordination with Navy, Air Force, and allied partners.
The installation supports a large active duty population, including pilots, aircrew, maintainers, logisticians, medical personnel, and command staff. Cherry Point routinely hosts rotational aviation squadrons preparing for Marine Expeditionary Unit deployments, overseas assignments, or humanitarian-response missions. The training tempo is steady, with aircraft operations occurring day and night, and units frequently moving between the installation and forward-deployed environments. This operational rhythm shapes daily life for service members and families stationed in eastern North Carolina.
The base’s demanding aviation mission and deployment cycle mean that service members may encounter a range of military justice issues, including command investigations, administrative actions, non-judicial punishment, courts-martial, or separation proceedings. Training requirements, flight operations, and maintenance environments can create unique circumstances in which UCMJ matters arise. The military defense lawyers at Gonzalez & Waddington represent servicemembers at Marine Corps Air Station Cherry Point, providing counsel to those facing legal challenges tied to the installation’s operational environment.
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.
Command discretion plays a major role in charging decisions, protective measures, and whether the case proceeds criminally or administratively.
Yes, a case can proceed even if the accuser recants if the command believes other evidence supports the allegation.
Domestic violence allegations can affect security clearances due to concerns about judgment, reliability, and potential coercion.
