Military personnel and veterans in the United States are known to encounter extreme traumatic events, such as multiple deployments overseas, lengthy separations from family members, mental illness, and substance abuse, among others. Any of these factors can contribute to conflict between partners and increase the risk of domestic violence situations, including assault or attempted assault on a spouse or family member. If you have been arrested for domestic violence as a military service member, you need a criminal defense attorney on your side who will fight for your rights and help you protect your military career. Domestic violence accusations can derail your military career and damage your reputation beyond repair. Contact Sevens Legal today at (619) 430-2355 to schedule a free consultation with our reputable legal team.
Key Takeaways
- Military personnel and veterans face significant challenges and traumatic events that can increase the risk of domestic violence at home.
- If you are in the military, being accused of domestic violence can derail your career and damage your reputation beyond repair, in some cases even if the accusations are false.
- A domestic violence conviction could lead to dishonorable discharge and end your military career, even for a misdemeanor offense.
- If you have been arrested for domestic violence in San Diego, you need a defense attorney on your side who will fight for your rights and help you save your military career.
Domestic Violence Military Consequences
Being accused of domestic violence is something that should never be taken lightly, but for military personnel, these types of accusations pose a unique threat. Under the John McCain National Defense Authorization Act, which was signed into law in 2019, acts of domestic violence, including “assault, intimidation, violation of a protective order, and damaging property or injuring animals in a domestic assault situation,” are criminal offenses punishable under the Uniform Code of Military Justice (UCMJ), a federal code of conduct that applies to all service members. If you are in the military, a domestic violence arrest could lead to criminal charges and a conviction could lead to discharge from service and the end of your military career, even for a misdemeanor offense.
How Does the Military Handle Domestic Violence?
While civilians facing accusations of domestic violence must answer to civilian authorities, military personnel arrested for a domestic violence offense may face discipline and other associated consequences within the military justice system. In both the civilian and military justice systems, alleged victims of domestic violence can seek a protective order that requires the accused to stay away from the victim and their children, as well as their home, workplace, and school, and prohibits any violent acts against the alleged victim. In the military, this order is called a military protective order (MPO), and it is the military’s version of a criminal protective order (CPO).
What Happens if You Violate a Military Protective Order?
If a military protective order is issued against you, you will not be allowed to have any contact with the alleged victim. Violating the terms of an MPO is considered a violation of direct orders under Article 92 of the UCMJ, and you may be subject to any number of consequences and disciplinary measures handed down by military law enforcement. The punishment for such an offense may include dishonorable discharge, court-martial proceedings, and confinement. The violation can also be used against you in state court.
Domestic Violence and Your Military Career
If you are convicted of domestic violence as a military servicemember, you will most likely be discharged from service. The 1996 Lautenberg Amendment to the Gun Control Act of 1968 makes it a felony offense for any person convicted of a crime of domestic violence to ship, transport, possess, or receive firearms or ammunition. There is no exception to this law for military personnel engaged in official duties, which means even if your military career doesn’t end immediately following a domestic violence conviction, it will effectively be over.
Joining the Military with a Criminal Record
A criminal record is a complete record of your criminal history and having a domestic violence conviction on your record could prevent you from serving in the military. Under California law, convicted felons face a number of restrictions on their basic civil rights, including the right to own or possess a firearm. In domestic violence cases, however, this ban is not limited to felony offenses. Even a misdemeanor domestic violence conviction can cost you your right to bear arms and may spoil any plans you have to serve in the military. In some cases, the military may issue a waiver granting a convicted felon permission to join the military. However, military waivers are generally not available to those with a domestic violence conviction on their record.
Free San Diego Domestic Violence Consultation
As you can see, the consequences of a domestic violence arrest can have a significant adverse impact on your military career, especially if you end up being convicted. That is why we advise military personnel facing domestic violence allegations to enlist the help of a competent defense attorney who has knowledge of both state court proceedings and military court proceedings and experience representing military personnel. There are a number of possible strategies your attorney can use to protect you from the consequences of a domestic violence arrest. If you hire our domestic violence defense attorneys at Sevens Legal, we may be able to request a no negative contact order from the court, which means you can still have contact with the alleged victim or even remain in the same household, as long as there is no negative contact.
How to Contact Our Criminal Defense Attorneys
If you have been accused of domestic violence in the military, you deserve the right to defend yourself in court and protect your career. Your future in the military is dependent on the outcome of your case, so don’t hesitate to find the best possible criminal defense attorney to represent you. Our domestic violence defense attorneys at Sevens Legal have a reputation for tenacious legal representation and we will do everything in our power to fight for your rights. Call us today at (619) 430-2355 to find out how we can help.
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