Frequently Asked Questions About Domestic Violence Under Article 128b of the UCMJ
If you are looking at this page, chances are your life got complicated fast.
Maybe command just got involved. Maybe CID, NCIS, OSI, or military police called. Maybe there is already an MPO or no-contact order in place. Maybe your spouse or partner is now saying something happened that you know did not happen the way the government is framing it. Maybe you are trying to figure out whether one ugly night, one argument, one bad text thread, or one collapsing relationship is about to turn into a court-martial.
This page is here to answer the questions service members actually ask when domestic violence under Article 128b suddenly becomes real.
And yes, if you are in that position, you need to get serious quickly. These cases move fast. Command reacts fast. OSTC can get involved fast. And once the machine starts moving, you do not get many freebies.
1. What counts as domestic violence under Article 128b of the UCMJ?
A lot more than most people think.
Article 128b is not limited to a punch, a black eye, or some cartoon version of a domestic assault. The statute is broader than that. It reaches violent offenses against a spouse, intimate partner, dating partner, or immediate family member. It also reaches certain acts done with the intent to threaten or intimidate, including conduct against a person, property, or even an animal. It reaches some protection-order violations. And it separately reaches assault by strangulation or suffocation. In some versions of the offense, the stakes get even higher when a child under 16 is involved.
That is why a service member can get blindsided here. People hear “domestic violence” and think they know what it means. Article 128b can be charged in several different ways, and the exact theory matters.
2. Do we have to be married for Article 128b to apply?
No.
Marriage is not required. Article 128b also covers intimate partners, dating partners, and immediate family members. So no, you do not need to be husband and wife for the government to charge domestic violence under this article.
That matters because a lot of people still assume “domestic violence” means marriage. Under the UCMJ, the net is broader.
3. What usually happens first after a domestic violence allegation is made?
The first thing that usually happens is not trial. It is control.
Command starts making protection decisions. Investigators start trying to lock down statements. You may get hit with an MPO or a no-contact order. You may be told to stay away from your spouse, your residence, or your kids. You may get moved to a different barracks. You may get flagged. You may get put on legal hold. You may watch schools, PCS moves, opportunities, and your daily life start coming apart before anyone has proved a thing. Official military guidance makes clear that protective orders can be used following domestic violence incidents, including incidents involving children, and can require a member to avoid contact with the protected persons named in the order.
That is the real-world starting point. Not “wait and see.” Not “maybe it blows over.” The system starts moving right away.
4. Can an MPO or no-contact order keep me away from my house or my children?
Yes.
This is one of the hardest parts of these cases for people to understand until it happens to them. In the military, an MPO or related restriction can absolutely reach your own family. It can keep you away from your spouse, your residence, and your kids. Official military guidance makes clear that these orders may be used in domestic violence incidents involving children and can order the member to avoid contact with the protected persons named in the order. It can also include distance restrictions and no-contact provisions tied to a residence, workplace, or school.
So yes, the order can cut you off from the house and your own children while the case is still just an allegation.
5. What is the difference between an MPO and a no-contact order?
They are related, but they are not always the same thing.
An MPO is a formal military protective order. A no-contact order is an enforceable military restriction on communication or contact. The labels can matter on the legal side, but for the service member the practical answer is simpler: both are real, both are dangerous, and both can get you in deeper trouble if you violate them.
Do not get cute with either one. Do not assume one is “less official.” Do not assume command will care about your personal distinction if you ignore it.
6. If my spouse or partner texts me first, can I respond?
Do not assume you can.
This is one of the most common traps in these cases. A lot of service members think the order stops mattering if the protected person reaches out first. That is a great way to get jammed up. The fact that the other person texted first or asked to talk does not automatically erase the order. These orders remain in effect until modified, terminated, or replaced.
Maybe it helps explain the facts. Maybe it helps mitigation. But it does not magically make your response safe. If the order says no contact, act like it means no contact until counsel tells you otherwise.
7. Can my spouse or partner “drop” the case or recant and make it go away?
Not necessarily.
Once a covered offense is in the system, the spouse or partner does not own the case the way people think they do. Their position may matter to the facts, but it does not automatically end anything. Covered offenses go through special-trial-counsel / OSTC channels, and official military guidance confirms that once a covered offense is reported, OSTC can keep the case or defer it back to command for disposition.
So yes, a recantation can matter. A reconciliation can matter. But no, it does not mean the case is automatically gone.
8. What should I do immediately if I am under investigation?
Three things.
- Shut up.
- Get counsel.
- Preserve evidence.
Do not try to “clear it up” with investigators. Do not send apology texts. Do not talk through friends or family. Do not violate an MPO or no-contact order. Do not start deleting messages, app data, or photos because you think you are cleaning up a misunderstanding.
The smarter move is to get experienced military defense counsel involved while the case is still forming.
9. Can violating an MPO or no-contact order make the case much worse?
Yes. Absolutely.
Sometimes the underlying domestic violence case is messy and disputed. Then the service member violates the order. Now the government has something cleaner, easier, and simpler to explain. Under Article 128b itself, there are protection-order violation theories where the government alleges the violation was done with intent to threaten, intimidate, or commit a violent offense.
In practical terms, that is why an order violation can be the bridge from a messy domestic case to a conviction, or even to pretrial confinement in the wrong case. It can also become the fact command uses to say you are dangerous and cannot follow restrictions.
10. How do false allegations usually get exposed?
They do not usually expose themselves. They get exposed by facts.
The first place we look is timing. When did the allegation arise? What was happening in the relationship that week? Was cheating exposed? Was divorce brewing? Was there a custody fight, housing fight, or money fight? Were there benefits, leverage, or some other reason the allegation suddenly became useful?
Then we look at the communications. Texts. Deleted messages. Call logs. Photos. App data. Messages before and after the alleged event. Messages that do not match the accusation later made.
Then we look at statements, 911 audio, medical records, witnesses, and everything else that either fits the accusation or blows it apart.
11. Does a strangulation allegation require visible injuries?
No.
The absence of visible injury does not automatically mean strangulation did not occur, and it also does not automatically prove anything one way or the other. Official forensic guidance specifically recognizes that strangulation may occur without visible injury.
That is exactly why strangulation cases often require careful medical review instead of guesswork by command or investigators.
12. Why does it matter to retain counsel at the investigative stage instead of waiting?
Because the investigative stage is where the case is still being built.
Once the allegation is in the system, OSTC may be deciding whether to keep the case and drive it toward trial or defer it back to command. That means early retained counsel can matter a lot. At the investigative stage, the defense can preserve evidence, start its own investigation, line up digital forensics and investigators, deal directly with OSTC while the case is still forming, and show why the allegation is not the clean case the government wants it to be.
Waiting until after the interview, after the order violation, or after the first bad statement usually makes the defense job harder, not easier.
What Bilecki Law Group Actually Does in Cases Like This
We do not just “advise” from the sidelines.
If the case calls for it, we get involved early, deal directly with OSTC while the case is still taking shape, build our own investigation, and bring in the resources the case needs. That can include digital forensics, investigators, medical experts, and anything else needed to expose motive, timing, leverage, changing stories, and weak proof. If the case is messy enough early, sometimes that matters before charges ever get preferred or referred.
And if the government wants to go to trial, we try the case.
That means motions practice. That means cross-examination. That means putting the ugly facts in front of the panel and forcing the prosecution to live with them. We are trial lawyers. That is the heart of what we do.
Get Bilecki Into the Fight
If you are under investigation or accused under Article 128b of the UCMJ, do not wait for the case to get cleaner for the government.
Reach out to us and we will give you a free defense strategy session. It does not matter where you are stationed in the world. If you are ready to fight, then we are ready to fly in and fight like hell on your behalf.
The government is already moving. Get Bilecki into the fight.