Domestic violence allegations in the military have surged in recent years—particularly since the creation of the Office of Special Trial Counsel (OSTC) and the shift of charging authority away from commanders. With OSTCs increasingly taking jurisdiction over interpersonal-violence allegations, more service members are being charged, cases are moving faster, and prosecutors are pursuing convictions even in situations that previously would have been handled administratively or informally.

If you’ve been accused of domestic violence—whether it’s assault, strangulation, false imprisonment, threats, or “emotional abuse” allegations—your career, freedom, and family life are at stake. You need experienced civilian military defense counsel who understand both the legal landscape and the operational pressure OSTCs put on cases.

Cave & Freeburg has defended domestic violence cases across every branch of service, around the world, for decades. We know the terrain. And we know how to win.

Why Domestic Violence Prosecutions Are Increasing Under OSTC

The 2022 NDAA restructured the military justice system in ways that dramatically increased the likelihood of prosecution for interpersonal-violence allegations. Under OSTC:

• Prosecutorial discretion shifted from commanders to dedicated federal-style prosecutors
• Charging standards became more aggressive
• Cases that formerly ended in counseling, MPOs, or administrative action now frequently become Article 128 prosecutions
• OSTC attorneys often push cases forward despite minimal injuries, recanting complainants, or credibility issues
• Investigations are now optimized for criminal referral, not command resolution

This means more service members are being charged—and many with weak or exaggerated allegations.

Common Defense Issues in Military Domestic Violence Cases

Domestic violence allegations are rarely simple. Alcohol, relationship breakdowns, mental-health layers, and conflicting statements can create a distorted picture. We know how to uncover what really happened.

1. Motive to Fabricate

Arguments and breakups often precede DV allegations. We frequently uncover:

• Revenge or retaliation
• Custody or financial leverage
• Fear of losing housing or benefits
• Attempts to influence PCS timing

2. Inconsistent Statements

CID, NCIS, or OSI interviews often reveal:

• Shifting versions of events
• Exaggeration of minor acts into “assault”
• Key omissions or contradictions in early statements

3. Minimal Injury or No Injury

Military prosecutors frequently charge:

• Alleged “grabbing,” “pushing,” or “blocking a doorway”
• Claims unsupported by medical evidence
• Normal defensive actions mischaracterized as “assault”

4. Self-Defense

Service members are often arrested as a default—even when defending themselves. We thoroughly analyze:

• 911 calls
• Physical evidence
• Witness statements
• Prior aggression by the alleged victim

5. Recanting or Reluctant Witnesses

Even when the alleged victim wants the case dropped, OSTCs routinely push forward. We know how to use that dynamic to your advantage.

How We Defend Domestic Violence Allegations

Our approach is meticulous, aggressive, and evidence-driven:

Early Intervention

We shut down “soft” interrogations, stop illegal questioning, and ensure you don’t get trapped by statements that prosecutors will weaponize.

Digital Forensics

Texts, social media, call logs, and location data often reveal:

• Who was the aggressor
• What happened in the minutes or hours before the incident
• What the complainant said privately versus publicly

Thorough Witness Interviews

Neighbors, friends, children, and responding law enforcement often hold the key to contradicting the government’s narrative.

Challenging the Investigation

We regularly expose procedural errors:

• Failure to document injuries
• Sloppy evidence collection
• Improper suggesting or coaching during interviews
• Omission of exculpatory context

Building a Holistic Defense

We present:

• The full relationship history
• Mental-health context
• Alcohol-driven conduct issues
• De-escalation attempts or self-defense behaviors

And when necessary, we bring in forensic psychologists and medical experts.

Our priority is simple: protect your freedom, your career, your family, and your future.

Why Service Members Choose Cave & Freeburg

• 65+ years of combined military justice experience
• Worldwide representation (CONUS and OCONUS)
• Deep familiarity with OSTC prosecutors and procedures
• A proven track record in high-stakes violent-offense litigation
• Personalized, elite-level defense—no junior associates, no handoffs to other lawyers to try your court-martial

Domestic violence accusations can destroy a career before the first court appearance. You need the strongest defense team in your corner immediately.

Accused of Domestic Violence? Contact Us Now.

Your rights, your service, and your reputation are at risk. The earlier we get involved, the better your chances.

We represent service members worldwide—Army, Navy, Air Force, Marines, Space Force—at every base, post, and installation.

Call or message us 24/7 for a confidential consultation.