Are Domestic Violence Cases Handled Differently in Military Families?

Yes, domestic violence cases in military families are often handled differently compared to civilian cases due to the involvement of military regulations, legal structures, and unique procedures designed for service members and their families. The military has its own set of rules and courts to address issues of domestic violence, alongside civilian legal systems. The primary goal is to ensure the safety and well-being of all parties while upholding both military and civilian law.

How Domestic Violence Cases Are Handled Differently in Military Families:

Military vs. Civilian Jurisdiction:
Domestic violence cases involving military families may be handled either within the civilian legal system or the military justice system, depending on the circumstances. If a service member is accused of domestic violence, the military has the authority to take disciplinary action, potentially in addition to any criminal or civil charges that may be brought in civilian courts.

• Military Justice System: The military operates under the Uniform Code of Military Justice (UCMJ), which includes specific provisions related to domestic violence. If an incident occurs on a military base or involves a service member, the case may be prosecuted under military law. The military justice system is separate from civilian courts and is designed to maintain discipline within the armed forces.
• Civilian Courts: In some instances, if the domestic violence incident happens off a military installation or is outside the scope of military jurisdiction, civilian courts will have jurisdiction over the case.

Legal Protections and Resources for Victims:
Military families have access to a variety of legal resources designed to protect victims of domestic violence:

• Protection Orders: Victims can seek protection orders or restraining orders through both military and civilian courts. Military protection orders (known as Military Protective Orders or MPOs) can be issued to prevent further contact between the victim and the service member accused of abuse. These orders may be enforced by both military and civilian authorities.
• Military Family Support Services: The military provides counseling and support services for victims, including the Family Advocacy Program (FAP). This program offers support to victims of domestic violence, including case management, therapy, and legal assistance.

Disciplinary Action Against Service Members:
UCMJ Violations: Under the Uniform Code of Military Justice, service members can face court-martial or non-judicial punishment for domestic violence. Depending on the severity of the incident, the service member may face a range of penalties, from administrative actions (like removal from their unit or reassignment) to serious criminal charges that could lead to imprisonment or dishonorable discharge.

• Military Investigations: Military police (Military Police or MPs) investigate domestic violence allegations involving service members, and cases may proceed through the military’s legal system, even if there are civilian legal actions in parallel.
• Civilian Involvement: While the military justice system has its own provisions for handling domestic violence, the civilian legal system is still involved, particularly if the victim is a civilian or the crime occurs outside military jurisdiction. In these cases, the accused service member may face prosecution under civilian law in addition to military consequences.

Command Involvement:
Commanding officers play a crucial role in addressing domestic violence within the military. In many cases, the service member’s command will be involved in taking administrative action, including temporary reassignment or suspension of duties. Military leadership is required to address domestic violence cases promptly and take appropriate steps to ensure the safety of all parties involved.

Victim Assistance and Advocacy:
Military families also have access to specific victim advocacy programs. The Domestic Violence Victim Advocate Program provides confidential assistance to victims, helping them navigate the legal, medical, and emotional support systems available to them. These advocates assist victims in filing reports, obtaining protection orders, and accessing necessary resources.

Example:

If a soldier is accused of domestic violence by their spouse while stationed at a military base, the incident may be reported to the Family Advocacy Program (FAP), which will begin an investigation. The accused soldier may face a Military Protective Order to prevent contact with the spouse, and the case may also be reported to civilian authorities if necessary. If the soldier is found guilty under the UCMJ, they could face court-martial, discharge from the military, and other penalties. Meanwhile, the spouse may receive counseling and legal assistance from military or civilian services.

Conclusion:

Domestic violence cases in military families are subject to both military and civilian legal processes, with distinct protections and procedures in place for service members and their families. The military justice system provides specific actions to maintain order and discipline, while also ensuring that victims of domestic violence have access to support services and legal protections.