Yes, a domestic violence charge can significantly impact your military career. However, it is not an incident that triggers your immediate or automatic discharge or separation from the military.
Many domestic violence incidents occur during high-stress, chaotic disputes between people who care about each other.
Military service members experience significant stressors like overseas deployment, PTSD, separation from loved ones for long periods of time, and substance abuse issues that predicate numerous arguments with loved ones.
It only takes one accusation to turn your life and military career upside down. The domestic violence military consequences can range from reduction in rank to administrative discharge.Â
Beyond the military ramifications of a domestic violence accusation, local authorities will conduct their own investigation and present it to the district attorney. The district attorney determines whether to file criminal charges against the accused.
Often, the military will wait on taking action until the state criminal charges are handled. If the charges result in a dismissal or low-level punishment, there is a good chance that the military may not take any action whatsoever.
A San Antonio domestic violence lawyer at Austin Hagee Law Firm can help you navigate through the military and state-level proceedings. Contact us today to share your story.Â
What Happens If You Are Accused of Domestic Violence and You Are in the Military?
When a military service member is accused of domestic violence, the officer’s commander decides whether to charge or discipline the alleged offender.
The commander can decide to take no action if there is no evidence to support the accusation. Also, they may decide to take no action if the allegations took place off of the military base and with non-military personnel. Most commonly, military command will take a wait-and-see approach.
Alternatively, the command officer can initiate administrative action against the service member. Administrative action by the military aims to correct and rehabilitate the service member instead of punish them. Mandatory counseling, a written reprimand, or administrative separation are examples of administrative penalties.
The commander can also elect to dispose of the domestic violence offense by imposing a nonjudicial punishment under Article 15 of the UCMJ.
The commander conducts a hearing to gather information about the alleged offense and must be convinced beyond a reasonable doubt that the service member committed the charged offense.
Before the hearing, the service member can consult with an attorney about their case. Article 15(b) of the UCMJ states that a commanding officer may impose one or more of the following nonjudicial disciplinary punishments:Â
- Restriction to post,
- Restriction to quarters,
- Forfeiture of pay,
- Reduction in grade, andÂ
- Extra duties.
The commanding officer’s last option is to dispose of the case by court-martial. The commander chooses between a summary, special, or general court-martial based on the severity of the offense.
A summary court-martial involves minor offenses committed by enlisted service members. A special court-martial involves intermediate level crimes. The service member can hire a private attorney to defend their rights during court-martial proceedings if they wish.
Can You Get Kicked Out of the Military for Domestic Violence?
Yes, you can get kicked out of the military for a domestic violence conviction. However, not every service member accused of domestic violence gets kicked out of the military or is disciplined.
Several factors can impact whether a service member is discharged following an accusation, such as:
- The seriousness of the accusations,
- Severity of injuries the victim suffered,
- Whether the state secures a conviction,
- Whether the charges are dismissed and why,
- The strength of the evidence against the accused, and
- A history of domestic violence accusations.
If you receive a domestic violence conviction, federal law prohibits you from legally possessing a firearm. The inability to legally use a firearm can make a service member unable to perform their assigned duties, resulting in their separation from the military.
The best way to avoid domestic violence military consequences is by hiring a criminal defense lawyer to defend your rights on both sides.
Potential Domestic Violence Charges in Texas
Texas law defines domestic violence as abuse between people in a domestic relationship by consanguinity or affinity. This means that the parties are related by blood or by marriage and includes the following relationships:
- Parents and children (adoptive, biological, or foster),
- Current or former spouses,
- Siblings,
- Roommates or co-tenants,
- Aunts and uncles,
- Dating couples,
- Grandparents, or
- Cousins.
Texas does not define domestic violence as a separate criminal offense. Instead, the state increases penalties for certain existing criminal charges when committed against a family member.
The prosecutor must prove each element of the charged offense beyond a reasonable doubt, then they must prove the offense was committed against one of the defined parties outlined above.
When law enforcement initiates the investigation into the domestic violence accusations, they will likely notify your military branch. The criminal investigation proceeds the same way for a military service member as it does for nonmilitary personnel.
Like anyone accused of a crime, you should contact a domestic violence attorney to review the details of your case. An attorney can build a legal strategy to demonstrate your innocence, develop an action plan, and question witnesses on your behalf.Â
Defenses to a Military Domestic Violence Charge
A legal defense can benefit you in your criminal case and in your military case. In some scenarios, a legal defense can help create doubt surrounding an element of the charged offense.
If the prosecutor cannot prove each element beyond a reasonable doubt, they may agree to reduce your charges or dismiss them entirely. Valid domestic violence defenses include:
- Your accuser is trying to gain the upper hand in a child custody dispute or divorce, meaning they have bias or motive to be bring the charges with alternative goals in mind;
- Your accuser lodged false accusations as a form of revenge against you for personal reasons;
- You acted in self-defense; or
- You acted in defense of others.
Our seasoned attorneys know what circumstances to look for when we determine whether a legal defense applies to your case. Even if the prosecutor will not dismiss your charges, we will use the best defense available to emphasize your innocence at your hearing or trial.
Contact a Military Criminal Defense Attorney at Austin Hagee Law Firm to Discuss Your Case
Domestic violence accusations affect thousands of military service members annually. A conviction can cost you your freedom and your military career.
The San Antonio criminal defense attorneys at Austin Hagee Law Firm have helped countless clients secure positive outcomes in the face of domestic violence accusations.
Our Managing Attorney, Austin M. Hagee, worked as a family violence prosecutor, and he directs our team with this insider knowledge of how to successfully fight domestic violence charges.
Our team will use our expertise and resources to defend you against false accusations and protect your rights. Even if your charges do not have a legal defense, we will work for you to help you secure the best outcome for your situation.
A qualified military domestic violence lawyer can gather statements from witnesses, request relevant surveillance footage, and negotiate with the district attorney on your behalf.
At Austin Hagee Law Firm, we have a record of helping our clients secure dismissals and wins at trial, and will fight to help do the same for you. Contact us today to share your story.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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