Defending Our Defenders Worldwide
Military Domestic Violence Defense (UCMJ Article 128b)
An accusation of domestic violence can end your military career, your freedom, and your family in a matter of weeks. Since the Office of Special Trial Counsel (OSTC) took charging authority away from commanders, allegations that were once handled quietly are now routinely sent to court-martial — sometimes on little more than a single contested statement.
If you have been accused under Article 128b of the Uniform Code of Military Justice (UCMJ) — whether it is assault, strangulation, a threat, or violating a protective order — you need experienced civilian counsel before you say a word to investigators.
Cave & Freeburg defends military domestic violence cases across every branch, at installations worldwide. We know how the OSTC builds these cases — and how to take them apart.
Call or message us for a confidential, no-obligation consultation.
What Is Article 128b of the UCMJ?
Article 128b is the military’s dedicated domestic violence statute. It criminalizes a range of conduct when the alleged victim is a spouse, intimate partner, or immediate family member, including:
- Committing a violent offense (assault, battery, or similar) against a family or household member
- Acts intended to threaten or intimidate a partner or family member
- Acts against the property or pets of a family member, when intended to intimidate
- Violating a protective order — and a more serious form, violating an order to commit a violent offense
- Assault by strangulation or suffocation
Because Article 128b layers a “domestic” element on top of an underlying offense, a conviction often carries the penalty for that underlying offense plus additional confinement for the domestic aspect. The definitions matter enormously, and small facts — who called 911, who had injuries, what the texts actually said — frequently decide the case.
What to expect in a court-martial »
What You Need to Know Immediately
Domestic violence investigations move fast and rarely tell the whole story. Alcohol, relationship stress, custody fights, and conflicting accounts are the norm — not the exception. Many of these cases share the same features:
- Conflicting or evolving statements
- Minor incidents recast as “assault” or “strangulation”
- Little or no medical evidence
- A complainant who later recants — but a prosecutor who presses on anyway
In many Article 128b cases, the entire prosecution rests on credibility. That cuts both ways, and an experienced defense team knows how to use it.
A System Built to Prosecute
The 2022 NDAA shifted prosecutorial power from commanders to independent OSTC attorneys. The practical results are stark:
- Faster, more aggressive charging decisions
- Cases referred to court-martial even with thin evidence or a recanting complainant
- Investigations oriented toward conviction, not command discretion
The result is a system where a service member is often treated as guilty before a single witness is sworn. A passive defense — or reliance on assigned counsel alone — is a serious risk.
Defending Domestic Violence Allegations — Where Cases Break Down
Nathan Freeburg and Philip Cave have defended domestic and family-violence allegations across the services for decades. These cases are won by getting in early and exposing the real story. The recurring fault lines:
Motive to Fabricate
Allegations frequently surface at the worst possible moment — and not by accident. We have repeatedly seen charges arise out of:
- Breakups, divorce, and custody disputes
- Financial, housing, or benefits pressure
- PCS or deployment timing
- Retaliation after the accused reported the other party’s misconduct
In one General Court-Martial, an Army Lieutenant Colonel was accused of domestic violence by his Lieutenant Colonel ex-wife in the middle of a custody dispute. Cross-examination of the accuser, the responding paramedics, and law enforcement — in front of a senior officer panel — produced a full acquittal on all charges, and his retirement was preserved. In another case, an Air Force Senior Airman accused of domestic violence by his wife after he moved to separate from her saw all charges dismissed once the defense established that the spouse had been the actual aggressor. When the motive to fabricate is exposed, the government’s case collapses.
Inconsistent Statements
Our investigations routinely surface shifting timelines, contradictions with texts and call logs, and details that appear only after the complainant has spoken to others. Early interviews are often the most revealing — and the most damaging to the government.
Minimal or No Injury
Many 128b charges rest on allegations of “grabbing,” “blocking a doorway,” or contact with no medical corroboration. Defensive conduct is frequently mischaracterized as aggression.
Self-Defense
Service members are arrested even when they were the ones being attacked. We reconstruct what actually happened from 911 audio, physical evidence, witness accounts, and any history of aggression by the accuser. Learn more about self-defense in military cases »
Recanting or Reluctant Witnesses
Even when the complainant wants the case dropped, the OSTC often proceeds. A recantation is not the end of the case — but in experienced hands it is powerful leverage.
Early intervention changes outcomes. Across these cases — many of them born in divorces and custody fights — getting experienced counsel involved during the investigation has led to charges being dismissed, reduced, or never preferred at all.
Featured Article 128 and Domestic Violence Results
All cases are different and past results do not guarantee future outcomes. These are real matters the firm has defended.
- Army Lieutenant Colonel — Fort McNair, D.C. Accused of domestic violence by his ex-wife during a custody dispute. Full acquittal on all charges at a General Court-Martial; retirement preserved.
- Soldier (E-7) — Kaiserslautern, Germany. Nearly 25 years of service; accused of strangling his wife on four separate occasions and making serious threats. The defense rebutted the government’s photographs and its strangulation expert. Full acquittal on all serious charges; no confinement; retirement preserved.
- Army Colonel — Fort Belvoir, VA. Accused of communicating death threats and strangulation against his wife and son. Charges dismissed at the Article 32 stage; the client was allowed to retire.
- Marine Major — Quantico, VA. Accused of strangulation and communicating threats. Charges dismissed; retirement preserved.
- Army Lieutenant Colonel — Kaiserslautern, Germany. Accused of violating a military protective order and obstruction. After the defense showed the MPO was unlawfully imposed, the military judge agreed and the Army dismissed all charges.
- Navy Lieutenant Commander — Naval Station Norfolk, VA. Sent to a Board of Inquiry on aggravated-assault allegations in an effort to strip his retirement. The Board retained him with no other-than-honorable discharge; career preserved.
See more Article 128 and domestic violence results »
Strangulation and Suffocation Charges
Strangulation allegations are charged aggressively and carry some of the steepest exposure under Article 128b — particularly when a child under 16 is alleged to be involved. These cases turn on medical and forensic detail: the presence or absence of petechiae, bruising, and other physical findings, and whether the described mechanism is even consistent with strangulation. We routinely request medical and forensic experts to test the government’s theory. More on strangulation and suffocation charges »
What the Government Must Prove
Under Article 128b the prosecution must prove every element beyond a reasonable doubt. Depending on the charge, that means establishing:
- Violent offense against a family/household member: a violent act, against a qualifying spouse/partner/family member (with heightened seriousness if a child under 16 is involved).
- Offense to threaten or intimidate: prohibited conduct directed at a partner or family member, with intent to threaten or intimidate.
- Acts against property or animals: an act against property or a pet belonging to a family member, intended to intimidate.
- Violating a protective order: a valid order in effect, an alleged violation, and intent to threaten or intimidate.
- Violating a protective order to commit a violent offense: a valid order, a violation, and intent to commit a violent offense against a family member.
- Assault by strangulation or suffocation: an unlawful assault on a family member by strangulation or suffocation (aggravated if the victim is under 16).
These are not technicalities. They are hurdles — and our defense is built on attacking the weakest link in the government’s proof.
Penalties Under Article 128b
The exposure is severe. For most Article 128b charges, a service member faces:
- A bad-conduct or dishonorable discharge or dismissal
- Total forfeiture of pay and allowances
- Reduction to E-1
- Confinement measured in years
Confinement ranges depend on the underlying offense, with representative figures including roughly 1–36 months for protective-order violations and 30–120 months for strangulation of a child under 16. Critically, Article 128b penalties stack on top of the penalty for the underlying offense — a conviction for maiming a partner, for example, carries the full maiming penalty plus additional years for the domestic element. Full Article 128 penalties and sentencing guide »
Beyond confinement, a conviction threatens your retirement, your future employment, your right to possess a firearm, and your veterans’ benefits.
Our Defense Approach
- Early intervention. We stop improper questioning and protect you from statements the government will try to use against you.
- Digital and physical evidence. Texts, social media, call logs, and location data often establish who the real aggressor was.
- Independent investigation. Neighbors, first responders, and other witnesses frequently contradict the government’s narrative.
- Challenging the investigation. We expose procedural errors, missing evidence, and investigative bias.
- Holistic context. Relationship history, mental health, alcohol, and self-defense — presented in full, with forensic psychologists and medical experts when the case demands it.
Why Service Members Trust Cave & Freeburg
- Over 65 years of combined experience in military justice, including hundreds of contested courts-martial and administrative hearings
- Worldwide representation across every branch — Army, Navy, Air Force, Marines, Coast Guard, and Space Force
- Deep, current knowledge of OSTC procedures and the post-2022 charging landscape
- No junior associates — your case is handled by senior attorneys only
- Independent forensic, medical, and digital experts retained when your case requires them
- Independent of the chain of command. Our loyalty is to you — not the prosecution, not the government
What to Do If You Are Under Investigation
- Do not speak to investigators — not CID, NCIS, OSI, or CGIS
- Do not consent to any search of your phone, vehicle, or quarters
- Do not try to “explain” or “clear things up”
- Do not contact the accuser or any witnesses
- Do not post anything on social media
Every statement can — and will — be used against you. Know your rights »
Speak With an Article 128b Defense Lawyer Now
OSTC timelines move quickly, and the earliest decisions in your case are often the most important. Early intervention lets us preserve evidence, shape the narrative, and protect your rights before charges are ever preferred.
Contact Cave & Freeburg for a confidential consultation with experienced military domestic violence defense attorneys.
Article 128b UCMJ — Frequently Asked Questions
What is Article 128b of the UCMJ?
Article 128b is the military’s domestic violence statute. It covers violent offenses, threats, intimidation, protective-order violations, and assault by strangulation or suffocation when the alleged victim is a spouse, intimate partner, or immediate family member.
Can I be prosecuted if my spouse does not want to press charges?
Yes. Under the OSTC, military prosecutors regularly proceed even when the complainant recants or asks that the case be dropped. The decision to prosecute no longer belongs to your commander or the alleged victim.
What counts as an “intimate partner” under Article 128b?
The category is broad and reaches well beyond spouses — it can include a current or former dating partner, someone you share a child with, or a person you have cohabited with. Whether a particular relationship qualifies is sometimes itself a contested legal issue.
Is strangulation always a felony-level charge?
Strangulation and suffocation are treated as serious aggravated conduct under Article 128b, with steep confinement exposure — especially where a child under 16 is alleged to be involved. But these cases depend heavily on medical and forensic evidence that frequently does not support the allegation.
What if there were no visible injuries?
A lack of injury is often one of the strongest defense facts. Many 128b allegations rest on contested accounts of “grabbing” or “blocking” with no medical corroboration, and defensive conduct is regularly mischaracterized as an assault.
Can a domestic violence conviction cost me my right to own a firearm?
Yes. A qualifying domestic violence conviction can trigger federal firearm prohibitions, in addition to a punitive discharge, confinement, and loss of retirement and benefits — consequences that follow you long after service.
What should I do if a protective order has been issued against me?
Follow it exactly, and contact counsel immediately. Many of the most serious 128b charges arise not from the original allegation but from an alleged violation of the order — which can transform a weak case into a far more dangerous one.
Should I talk to investigators if I know I did nothing wrong?
No. Even truthful, innocent statements are routinely misinterpreted, taken out of context, or used to build a case. Invoke your right to counsel and say nothing until you have spoken with an experienced military defense attorney.
By Philip Cave and Nathan Freeburg at www.court-martial.com. (Last reviewed June 9, 2026.)
Related Practice Areas
Court-Martial Case Results by Subject
Assault Court-Martial Defense (UCMJ Article 128)
Strangulation and Suffocation Charges (Article 128)
Self-Defense in Military Court-Martial Cases
Simple vs. Aggravated Assault Under the UCMJ