Military DomesticViolence Defense
Tim Bilecki and Ben Gold fly anywhere in the world to defend service members against charges of domestic violence under Article 128b.
When a service member is accused of domestic violence, there is a stigma of shame and an assumption of guilt that comes with it. We’ve seen cases where a service member did indeed lose control and make a terrible decision that affected both their career and marriage. However, we’ve also seen cases where the allegation was completely fabricated by a spouse who knew just how much trouble a service member would be in if such an allegation is made. Some spouses, both male and female, have learned to game the harsh nature of the Uniform Code of Military Justice. In either case, a service member deserves adequate representation and a staunch military court martial defense. That’s why Tim Bilecki and Ben Gold fly anywhere in the world to defend our service members against such charges. We’re here to believe your side of the story and we’re here to fight for you.
Domestic Violence Cases in Today’s Military Are a Two-Front War
In today’s military, a domestic violence accusation is not just a criminal problem. It is a two-front war. On the criminal side, domestic violence under Article 128b is a covered offense, which means specially trained special trial counsel (OSTC prosecutors) control key referral and prosecution decisions when they exercise authority over the case. On the command side, leadership can still make your life hell while the criminal track plays out and, even if the case falls short of conviction, still look for ways to bury you administratively.
That is the reality. You are fighting specialized prosecutors on one side and command consequences on the other.
FRONT 1 · CRIMINAL
Special trial counsel (OSTC)
- Article 128b is a covered offense
- OSTC controls key referral and prosecution decisions
FRONT 2 · COMMAND
Career consequences
- No-contact order, barracks move, flag, legal hold
- GOMOR, adverse paperwork or a separation board, even without a conviction
A no-contact order may drop immediately. You may be moved to a different barracks, flagged, put on legal hold, stripped of opportunities, and left watching your career freeze in place while the government decides what it wants to do with you. Even if the criminal case falls apart, command may still come looking with a GOMOR, adverse paperwork, or an administrative separation board. The career consequences often start on day one, long before a courtroom ever gets involved.
Recantations and Reconciliations Do Not End the Case
A lot of service members think the case is over if the spouse or partner takes it back. That is not how this works.
Sometimes an allegation was false from the beginning. Sometimes it was exaggerated. Sometimes the spouse recants because the couple reconciled and they want to save the marriage. But a recantation does not automatically end the case, and a reconciliation does not make OSTC or command lose interest.
Once the allegation is in the system, the government may decide it does not care whether the couple made up. It may still want the case. It may still want the plea. It may still want the conviction. And even if it does not get one, command may still decide you are damaged goods and come after your career anyway.
So yes, recantations matter. Reconciliations matter. But they are part of the facts, not the end of the fight.
The spouse recants, or the couple reconciles
Part of the facts, not the end of the fight
OSTC and command can still move forward
How Bilecki Actually Fights Domestic Violence Cases
These cases are not won with hand-wringing. They are won by getting into the facts early and refusing to let the government tell the story unopposed.
We work to expose motive, timing, leverage, jealousy, retaliation, cheating, infidelity, custody pressure, money pressure, housing pressure, and every other ugly dynamic that tends to come with a domestic collapse. Where appropriate, we use digital forensic examiners to recover deleted communications and show what was really being said before and after the alleged incident. Where needed, we use experts to test injuries, timelines, intoxication issues, and the government’s theory of what supposedly happened.
A screenshot can leave out the messages that explain an accusation. We look for the complete exchange and compare it with the first report and the available 911 recordings, body-camera footage and medical records. When the government produces a filtered phone extraction, we need to know what it excluded and whether a broader extraction still exists. We use those gaps and contradictions to challenge the account with prosecutors, litigate missing evidence and cross-examine the witnesses at trial.
When specialist assistance is needed, we retain an appropriate expert privately or seek military funding. A digital forensic examiner can help determine what the extraction contains and whether missing communications can be recovered. A medical expert can help us separate what a witness reported from what an examination actually established.
In some cases, the issue is whether the allegation happened at all. In others, the issue is whether the accusation was exaggerated. In others, the issue is whether the government overcharged a bad marital blowup into a felony-level domestic violence case. In all of them, the government still has to prove the offense it charged.
The government loves a clean domestic violence story. We make it messy.
Where Strangulation Fits
Strangulation is one branch of Article 128b, not the whole tree. It gets charged a lot because the word itself carries weight. Once “strangulation” gets into the file, the label starts doing work that the evidence may not. The proof issues are different. The medicine is different. The defense work is different.
Visible injury is not required to prove strangulation. The government still has to prove that pressure on the throat or neck impeded normal breathing or blood circulation. We examine the description of the contact, the symptoms reported, the timing of the examination and the clinician’s findings. Those details let us question the witnesses about the claimed pressure on the neck, its reported effects and any inconsistencies in their accounts.
Strangling
Pressure on the throat or neck that impedes normal breathing or blood circulation
Suffocating
Covering the mouth, nose or both, impeding normal breathing
Neither requires a visible injury
Domestic Violence Case Results
Bilecki Wins Full Acquittal in Army Captain’s Domestic Violence and Strangulation Trial
At Camp Humphreys in June 2025, Tim Bilecki defended an Army Captain accused of domestic violence and strangulation after a honeymoon argument in Hawaii. The defense challenged the accusation through the texts, trip photographs, bank records, property transactions and timing of the divorce. With digital forensic examiner Trent Struttmann, we litigated missing material from a broader phone extraction and used the available digital evidence in cross-examination. Continuing a relationship or delaying a report does not prove an assault did not occur; the defense challenged the particular account against the documented chronology. The officer panel acquitted our client of every charge and specification.
Aviano Domestic Violence Plea: Time Served and No Punitive Discharge
At Aviano Air Base in February 2026, Tim Bilecki defended an Air Force Master Sergeant in pretrial confinement on domestic violence allegations spanning several years. The defense traveled to Europe, investigated the allegations and litigated motions with digital forensic examiner Patrick Eller and forensic psychologist Dr. Gabriel Holguin. Most domestic violence specifications were dismissed. The plea left convictions for one violation of a no-contact order and one narrowed domestic violence specification. The agreement kept a punitive discharge off the table, and the client’s release outcome was time served.
More domestic violence results: Attempted Murder Charge Dismissed; Army Captain Receives Reprimand and General Resignation and Marine Lieutenant’s Strangulation Investigation Ends Without Charges or Adverse Action.
Past results do not guarantee a similar outcome.
Family Life in the Military is a Complicated Affair
The team here at Bilecki understands that family life in the military is a complicated affair. Service members often marry young before they have the emotional maturity to handle the stresses of marriage. Finances are often a struggle and long deployments can keep spouses away from one another for a year or more on end. It’s just not easy to hold a family together in the United States Military.
That’s not to justify domestic abuse in any form. However, it is to gain an insight into the stresses that our military families are under on any given day. This is why we see that it is not just male service members that are accused of domestic violence. Female service members have found themselves prey to the worst version of themselves as well.
In addition, civilian spouses both male and female are under those same stresses. When infidelity strikes or the spouse has become fed up with one argument too many, the temptation to make a false allegation of domestic violence can arise. They may believe that if they just go to the service member’s commander and tell them that they are being abused, that vengeance will be delivered by the UCMJ. In all cases, both the service member who unlawfully strikes their spouse and the spouse who makes up a false allegation has committed an injustice.
Infidelity can be a huge driver here. So is divorce leverage. So are custody fights, housing fights, and the financial incentives that can come into play when an abuse allegation threatens a service member’s career and future. So is the desire to seize the moral high ground before the other side gets there first. We have seen cases where the allegation arose right when the marriage was collapsing, right when cheating came to light, right when custody, housing, money, or potential transitional-compensation leverage became part of the fight, or right when the accusing spouse realized the military could be turned into a weapon.
Fighting Back Against False Allegations of Domestic Violence
The key to fighting back against such false allegations is right there in the question. That is you have to fight back. When a charge of domestic violence under Article 128b is levied against you, your command may start with an assumption of guilt. This means that if you want your story considered and if you want the truth to be revealed, you are going to have to fight for it.
This is true the world around and that is why Tim Bilecki and Ben Gold routinely fly to military installations around the world to take on the fight. When military prosecutors see that you've flown in hard-hitting counsel from the United States they know you are serious about the truth. They’ll try to bully you into taking the first shitty deal they throw your way because they don’t want a fight.
A fight is exactly what the team here at Bilecki delivers. We’ve defended enough service members who were completely innocent of domestic violence to assume the worst about anyone. Even if you did make a mistake and blew up verbally at your spouse, that doesn’t mean you’ve crossed the line into what is actual domestic violence. An argument alone does not automatically establish domestic violence.
That starts with shutting up about the allegation and getting experienced civilian defense counsel retained. You can invoke your right to remain silent and request military defense counsel immediately without waiting to retain civilian counsel.
Do not try to explain it away. Do not assume honesty alone will save you. Do not think you can “clear this up” with CID, NCIS, OSI, military police, or command. Do not send apology texts. Do not try to get your spouse or partner to “help you out.” Do not violate a no-contact order because you think you can fix it privately. That is how bad facts become fatal ones.
It also means preserving everything. Texts. Photos. App messages. Emails. Call logs. Social media messages. Deleted communications. Bank records. Travel records. Housing records. Medical records. 911 calls. Body-camera footage. Neighbor witnesses. Child-custody threats. Divorce leverage. Cheating evidence. All of it matters.
In these cases, the accusation usually arrives polished and simplified. The defense has to put the mess back into the facts.
Domestic Violence as Defined by the UCMJ
Marriages are complicated matters and the nature of any given marriage can take on many forms. Some marriages are full of affection while others are more functional and void of such shows of affection. Some marriages are full of eros while others find themselves in a season where the passion has run dry. In the same light, domestic violence can take on many forms and the UCMJ defines those variations of domestic violence in detail. For any service member to be convicted of any domestic violence charge under Article 128b, the prosecution is going to have to satisfy the elements of the offense it charged:
Violent Offense - For a service member to be found guilty, the prosecution must satisfy the following two elements:
(1) That the accused committed the alleged violent offense; and
(2) That the violent offense was committed against someone who was, at the time of the offense, a spouse, intimate partner, dating partner, or immediate family member of the accused.
When the government alleges the increased punishment for an immediate family member under the age of 16 years, it must also prove that age.
Offense With Intent To Threaten Or Intimidate - For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That the accused committed the alleged act in violation of the Uniform Code of Military Justice;
(2) That the accused committed the act against a person; and
(3) That the accused committed the act with the intent to threaten or intimidate the spouse, intimate partner, dating partner, or immediate family member of the accused.
Offense Against Any Property With Intent To Threaten Or Intimidate - For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That the accused committed the alleged act in violation of the Uniform Code of Military Justice;
(2) That the accused committed the act against property, including an animal; and
(3) That the accused committed the act with the intent to threaten or intimidate the spouse, intimate partner, dating partner, or immediate family member of the accused.
Violation Of Protection Order With Intent To Threaten Or Intimidate - For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That a lawful protection order was in place;
(2) That the accused committed an act in violation of that lawful protection order; and
(3) That the accused committed the act with the intent to threaten or intimidate a spouse, intimate partner, dating partner, or immediate family member of the accused.
Violation Of Protection Order With Intent To Commit A Violent Offense - For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That a lawful protection order was in place;
(2) That the accused committed an act in violation of that lawful protection order; and
(3) That the accused committed the act with the intent to commit a violent offense against a spouse, intimate partner, dating partner, or immediate family member of the accused.
Assault By Strangulation Or Suffocation - For a service member to be found guilty, the prosecution must satisfy the following three elements, with a fourth if the government alleges that the person was a child under the age of 16 years:
(1) That the accused assaulted a spouse, intimate partner, dating partner, or immediate family member of the accused;
(2) That the accused did so by strangulation or suffocation; and
(3) That the strangulation or suffocation was done with unlawful force or violence.
When the government alleges the increased punishment for a person under the age of 16 years, it must also prove that age.
Because the prosecution must satisfy each element for any charge, this provides the defense the opportunity to fight them to the bitter end on each element. This isn’t about letting abusive husbands and wives off the hook. Rather, this is about ensuring justice for our service members in a military justice system that is anything but just.
Legal Definitions Under Article 128b, UCMJ
A “violent offense” includes the offenses specifically listed in the Manual for Courts-Martial and any other offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another. A “protection order” includes a military protective order enforceable under Article 92 and a qualifying protection order under federal law, including an applicable civil or criminal restraining order. An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional or a culpably negligent act or omission. “Bodily harm” means an offensive touching of another, however slight. An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim. “Culpable negligence” is a degree of carelessness greater than simple negligence. “Simple negligence” is the absence of due care. The law always requires everyone to demonstrate the care for the safety of others that a reasonably careful person would demonstrate under the same or similar circumstances; that is what “due care” means. “Culpable negligence,” on the other hand, is a negligent act or failure to act accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others. “Strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim. “Suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim. "Immediate family member" means the accused's spouse, parent, brother or sister, child, or other person to whom the accused stands in loco parentis; or any other person living in the accused's household and related to the accused by blood or marriage. "Intimate partner" means a former spouse of the accused, a person who shares a child in common with the accused, or a person who cohabitates with or has cohabitated as a spouse with the accused; or a person who has been in a social relationship of a romantic or intimate nature with the accused, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the person and the accused. A “dating partner” is a person who is or has been in a social relationship of a romantic or intimate nature with the person concerned, considering the length and type of relationship, frequency of interaction, and extent of physical intimacy or sexual contact.
SPOUSE
A current spouse
IMMEDIATE FAMILY
Spouse, parent, sibling, child, someone you stand in loco parentis to, or a relative in your household
INTIMATE PARTNER
Former spouse, shared child, cohabitant as a spouse, or a romantic or intimate relationship
DATING PARTNER
A current or past romantic or intimate relationship, weighed by length, type, frequency and intimacy
Frequently Asked Questions About Article 128b Domestic Violence
Is every argument with my spouse or partner considered domestic violence under Article 128b?
No. An argument, a bad marriage, or an ugly text exchange is not automatically domestic violence under the UCMJ. The government still has to prove one of the actual Article 128b offenses it charged, whether that is a violent offense, a threat/intimidation offense, a protection-order violation, property damage, or strangulation/suffocation.
What if I was defending myself?
Lawful self-defense can defeat an assault allegation. We examine who initiated the encounter, the threat you reasonably believed you faced, the force you believed was necessary and what you actually did. The rules depend on the force involved. Being the aggressor, provoking the attack or willingly entering a fight can limit the defense; withdrawal and the sequence of events also matter. We look for the messages, injuries, recordings and witnesses that can establish what happened.
Can my spouse or partner just “drop” the domestic violence case?
Not necessarily. A spouse or partner changing their mind may matter to the facts, but it does not automatically end the case. Domestic violence is a covered offense, and specially trained trial counsel can still move the case forward.
What should I do first if I am accused of domestic violence under the UCMJ?
Retain experienced civilian defense counsel. Invoke your right to remain silent and request military defense counsel immediately, without waiting for civilian counsel to be retained. Do not try to explain it away, do not send apology texts, do not violate a no-contact order, and do not start deleting messages. Get counsel, preserve the evidence, and make the government prove its case.
Domestic Violence Topics
- False Allegations of Domestic Violence Under Article 128b of the UCMJ
- Frequently Asked Questions About Domestic Violence Under Article 128b of the UCMJ
- Protection Order and No-Contact Order Violations Under Article 128b of the UCMJ
- UCMJ Article 128b Strangulation Military Court Martial Defense
- Under Investigation for Domestic Violence Under Article 128b of the UCMJ
Related Domestic Violence Articles
- Can an MPO Keep You Away From Your Kids?
- Can My Spouse Drop the Domestic Violence Case? Recantations, Reconciliations, and What Happens Next
- False Allegations of Domestic Violence in the Military: Cheating, Custody, Housing, and Leverage
- How Kinky Porn Is Leading Service Members Toward UCMJ Charges of Strangulation
- How to Beat Strangulation Charges Under UCMJ Article 128b
- Military Domestic Violence Sentencing After the New Sentencing Parameters
- Under Investigation for Domestic Violence? What to Do in the First 24 to 72 Hours
- Violating an MPO or No-Contact Order: How One Text Can Turn a Bad Case Into a Disaster
- What Happens If You Are Convicted of Domestic Violence in the Military?
- What OSTC Means in Domestic Violence Cases Under Article 128b of the UCMJ
Don’t Just Plead Guilty. Fight Back.
If you are facing charges of domestic violence under Article 128b of the UCMJ, reach out to us and we’ll give you a free strategy defense session. It doesn’t matter where you are stationed in the world, if you are ready to fight for the truth then we are ready to fly in and fight like hell on your behalf. This doesn’t have to be the end of your career and it doesn’t have to even be the end of your marriage. We’ve seen couples reconcile and service members beat the charges to serve a long fulfilling career. Reach out to us and fight for your career, retirement, and freedom.