Defending Service Members Accused of Domestic Violence at a Court-Martial

UCMJ Domestic Violence Defense Lawyers

A domestic violence allegation in the military can end your career overnight and have horrific lifelong consequences.

Whether charged under Article 128b (Domestic Violence), Article 128 (Assault), or related provisions of the UCMJ (such as Article 133 (Conduct Unbecoming an Officer), the consequences are devastating: loss of rank, confinement, dishonorable discharge, and a permanent federal firearms ban under the Lautenberg Amendment. A single accusation can strip you of your livelihood and reputation.

But here’s the truth: domestic violence cases at courts-martial are often unfair and one-sided and prosecutions are only growing with the formation of the services’ Offices of Special Trial Counsel (OSTC).

A Climate of Zero Tolerance

In today’s military, domestic violence allegations are prosecuted aggressively, no matter the facts.

• Commands feel intense political and career pressure to “crack down.”
• Allegations that would never survive civilian court often go forward at court-martial.
• Service members are presumed guilty by their unit, command and the Family Advocacy Program (FAP) long before trial.
• Family conflicts, breakups, or custody battles can spark allegations that spiral into criminal charges.

The system isn’t built to sort out shades of truth—it’s built to punish. Innocent service members are caught in the crossfire.

Understanding the Process

Domestic violence cases follow the same court-martial process as other UCMJ offenses:

• Preferral of Charges: Your commander or a paralegal reads the charges and sends you to a military defense counsel.
• Article 32 Hearing: Once a meaningful investigation, this has been reduced to a probable cause “rubber stamp.”
• Referral & Arraignment: Charges are formally sent to trial, and you’ll enter your plea.
• Motions Hearings: Critical in DV cases—motions can exclude damaging “other acts” evidence (Military Rule of Evidence 404b) or even get charges dismissed.
• Judge or Jury Selection: Panels are hand-picked by commanders; bias is a serious concern.
• Trial: Where preparation, skill, and courtroom strategy determine the outcome.

Evidentiary Challenges in Domestic Violence Cases

MRE 404(b): “Other Acts” Evidence

Prosecutors in domestic violence cases love to call ex-spouses, former partners, or family members to testify about every past conflict—even unrelated arguments years ago. They claim it shows a “pattern” of abuse.

But under MRE 404(b), this evidence is not admissible just to show you’re a “bad person.” The law requires a strict three-part test (United States v. Reynolds) and balancing against unfair prejudice (MRE 403).

Recently, the Supreme Court in Andrew v. White made clear: due process forbids evidence so prejudicial it makes a trial fundamentally unfair. A skilled defense lawyer will fight to keep this evidence out.

“He Said / She Said” Cases

Many domestic violence courts-martial rest on nothing more than one person’s word against another’s. Prosecutors may try to bolster weak cases with:

• Photos of minor injuries with no proof of cause such as bruises that could be from anything.
• Emotional testimony from friends or family.
• Past relationship drama dressed up as “abuse.”

A strong defense will challenge credibility, expose motives to fabricate (such as custody disputes or retaliation), and highlight inconsistencies.

Why You Need the Right Defense Team

Domestic violence allegations are uniquely destructive. Even if you’re acquitted, the accusation alone can derail your career. That’s why you need a defense team that is:

• Experienced in domestic violence courts-martial and knows the prosecution’s playbook.
• Aggressive in fighting 404(b) evidence and keeping the trial fair.
• Strategic in motions practice to shape the battlefield before trial begins.
• Independent of the chain of command—answering only to you, not the system.

We have defended service members facing the harshest accusations. We know how to dismantle weak cases and push back against the “zero tolerance” culture that sacrifices fairness for appearances.

Act Now – Protect Your Future

If you’ve been accused of domestic violence in the military, do not wait. The prosecution is already building its case.

• Get a lawyer who understands domestic violence defense at courts-martial.
• Protect your rights before you make costly mistakes.
• Fight back with a defense team that knows how to win.

Contact us today for a confidential consultation. When everything you’ve worked for is at stake, we can defend you!