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 ranging from:
- 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.