Military Domestic Violence Defense Attorney
How does the military handle domestic violence conflicts?
Searching for a lawyer for a military domestic violence case? The military
has a higher rate of domestic violence than the rest of the population,
and studies show that the rate is particularly high in service members
returning from combat that are suffering from
post-traumatic stress disorder. A recent study found that those who were diagnosed with PTSD were "significantly
more likely to perpetrate violence toward their partners." When an
accusation of domestic violence is filed against a service member, the
military justice system will become involved immediately.
Need a military defense lawyer for a domestic violence case?
A domestic violence conviction will likely have a permanent impact on your
career and rank, as well as the potential loss of your freedom. The Lautenberg
Amendment of 1996 amended the Gun Control Act, and was enacted to prohibit
domestic violence offenders from carrying firearms. This law has no exception
for members of the military. Service members who are convicted of a domestic
violence crime will be restricted from carrying a weapon and will often
be unable to fulfill their duties in the military in combat duty or training
exercises. When unable to legally carry a firearm, a convicted person
will likely face discharge. If you are a member of the military and you
are facing domestic violence charges, speak with a
military lawyer as soon as possible.
The Family Advocacy Program is an initiative to assist victims of domestic
violence and child abuse. This initiative provides resources for individuals
to report incidents of domestic violence which are then investigated by
an assigned counselor, and appropriate action taken. The FAP also provides
emergency protection services for victims who face certain danger by way
of a short-term Military Protection Order which prevents the accused individual
from all forms of contact with the spouse or child, until the incident
is investigated and charges filed.
UCMJ Article 128 states that "any person who attempts or offers with
unlawful force or violence to do bodily harm to another person, whether
or not the attempt or offer is consummated, is guilty of assault."
A conviction under UCMJ Article 92, when a lawful order has been issued
for the protection of an adult (restraining order) and is violated, will
have very serious repercussions. Conviction can mean any number of penalties
- Loss of pay
- Dishonorable discharge
- Other punishments
If an incident takes place off the base, the charges will be filed in the
criminal court of the state.
Military protective orders can be issued based upon a statement by only
one party. These orders are generally no longer than 10 days, but during
that period, the individual named will not have access the family home,
children and or personal possessions. These orders (MPO or Military Protection
Orders) are intended to allow time to stabilize a situation and investigate
what occurred. The order will heavily restrict access to any area in which
the other party could be present, including home, school, daycare or other
location. Stalking is covered in UCMJ Article 120a, and the punishments
imposed upon a convicted service member will be directed by a court martial.
Nationwide Military Domestic Violence Lawyer
Looking for a military defense attorney for a domestic violence case? Dishman
Military Advocates has worked to represent military servicemen and women
in military and civilian criminal defense trials and represents service
members in the Family Advocacy Program. Our attorney understands how devastating
it can be to suffer the repercussions of a domestic violence conviction
and the potential impact on your commission and future in the military.
There is a significant impact upon members of the Armed Forces that face
conviction and the consequences of the Lautenberg Amendment and restrictions
on the ability to carry a weapon.
Our background and history serving as advocates for the military is extensive.
Our founding attorney, Brent Dishman, is a 19 year military veteran, and
has served as a JAG, prosecutor and defense attorney, and left active
duty ranked as the #1 trial defense attorney in his service branch. Get
the committed representation you need in any accusation of domestic violence.
Contact Dishman Military Advocates
if you have been accused of an act of domestic violence and need an attorney
with military experience to assist you in your defense.