Accusations of Domestic Violence

Domestic Violence is the most frequent allegation against military service members, per the December 2024 Report of the Military Justice Panel. The Panel also recognized the complexity of domestic violence cases, and the almost shocking lack of coordination amongst all of the entities required to be involved. 

An allegation of domestic violence is easily made, usually in the context of relationship disagreement, tension, marital stress and divorce. Once the allegation is made to the command, it is difficult, if not near impossible to walk back. If one allegation is set aside by the command, more than likely, another will be made. 

My personal observation having practiced extensively in civilian courts and military courts is that domestic violence actually occurs more frequently in the civilian sector than in any branch of the Armed Forces, despite how the military makes it seem. However, what the military has, that civilians lack, is an extensive network for accusers of financial support and resources that surround them as soon as they launch the allegation, giving them financial incentive to go through with the allegation, regardless of the level of truth.  

A domestic violence allegation has many consequences, from a Military Protective Order, a flag or negative code on your record, civilian and/or military charges. An attorney will be assigned to assist the accuser spouse/intimate partner almost immediately, even before you are approached about the allegation. 

If you remember only one thing from this blog, remember that CID/OSI/MPI/NCIS are not your friend, even if they act like they are on your side, say that they just want to hear your version of what happened, they will make a favorable recommendation to the chain of command, or that they are impartial fact finders. They are not. Everyone has Constitutional rights, never be afraid to use them. 

It may be a long haul, or a game of whack-a-mole, but you will get through the process and civilian counsel can help you from day one. 

** IRL **

A soldier separated from his spouse when their marriage became untenable. She began making allegations to his commander that the soldier assaulted her, assaulted their daughter, did drugs, had an affair - everything she could think of to get him in trouble. She said the events happened but had no other proof other than she said they did. Coincidentally, the soldier was in a separate country when a significant amount of the events happened, and a good chunk of the evidence was just a memorandum that the commander had written. The client had all allegations set aside when he appealed his Article 15 through our counsel. But a year later, the spouse came back with another set of allegations, again, set aside by the Investigating Officer after the client responded through counsel.