DOMESTIC VIOLENCE
At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
Court Martial Lawyer For Domestic and Intimate Partner Crimes – Article 128b
Domestic violence allegations are about as messy as you get. Jealousy, anger, rage. Emotions boil over and arguments can unfortunately turn physical on both sides. The military takes domestic violence and intimate partner crimes incredibly seriously, and rightfully so. Unfortunately, there are a high number of false allegations that get made during unhealthy and toxic relationships. Allegation are made, investigations begin, charges are preferred, and careers are ruined. No matter if you committed the crime or not. Once the spotlight turns on you, it’s difficult to win without serious representation that understands domestic violence and intimate partner offenses in the military and how to win them.
What is also challenging is the vast amount of misinformation that is out there in the ether. From barracks lawyers to battle buddies who have been though it themselves, they are good intentioned but often provide legal advice and information that is blatantly wrong. Here, we attempt to provide solid information on the military’s domestic violence and intimate partner statutes, the definitions, and some defenses. Because self defense is commonly raised and a complex area of the law, we have provided an entire page on its nuances under the UCMJ.
As always, your best bet is to give us a call and we can discuss your individual case. We will always shoot you straight and make you’re your questions get answered.
Domestic Violence Under Article 128b, UCMJ
Under Article 128b of the Uniform Code of Military Justice, a person commits domestic violence when they committed a violent offense against the alleged victim; and at that time, the alleged victim was a spouse, intimate partner, or immediate family member.
Offenses With Intent To Threaten or Intimidate Under Article 128b, UCMJ
Under Article 128b of the Uniform Code of Military Justice, a person commits domestic violence when they commit an offense under the Uniform Code of Military Justice against an alleged victim, a piece of property property or an animal; and they commit the offense with an intent to threaten or intimidate; and that at the time the alleged victim was a spouse, intimate partner, or immediate family member.
Violation of Protection Order With Intent to Threaten or Intimidate Under Article 128b, UCMJ
Under Article 128b of the Uniform Code of Military Justice, a person commits a violation of the UCMJ when there existed a protection order applicable to that person; that they violated the protection order; that they did so with an intent to threaten or intimidate; and that at the time, the alleged victim was a spouse, intimate partner, or immediate family.
Violation of Protection Order With Intent to Commit a Violent Offense Under Article 128b, UCMJ
Under Article 128b of the Uniform Code of Military Justice, a person commits a violation of the UCMJ when there existed a protection order applicable to that person; they violate the protection order; they do so with an intent to commit a violent offense against the alleged victim; and at that time, the alleged victim was a spouse, intimate partner, or immediate family member.
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Assault By Strangulation or Suffocation Under Article 128b, UCMJ
Under Article 128b of the Uniform Code of Military Justice, a person commits a violation of the UCMJ when they assault the alleged victim by strangling or suffocating them; and at the time the alleged victim was a spouse, intimate partner, or immediate family member.
Battery Upon a Child Under the Age of 16, Spouse, Intimate Partner or Immediate Family Member Under Article 128, UCMJ
Under Article 128b of the Uniform Code of Military Justice, a person commits a violation of the UCMJ when they do bodily harm to the alleged victim; the bodily harm was done unlawfully; the bodily harm was done with force or violence; and the alleged victim was a child under the age of 16 years, a spouse, an intimate partner, or an immediate family member.
Legal Definitions Under Article 128b, UCMJ
A “violent offense” means an offense that has as an element the use, attempted use, or threatened use of physical force against the person of another.
A “protection order” includes any injunction, restraining order, or any other order issued by a civil court, a criminal court, or a military commander for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person.
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.