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Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

When Allegations Threaten Everything

It goes without saying that marriage can be tough. But military marriages are stressed more than most due to the young age of many couples, financial constraints, and overseas deployments. A conviction for domestic violence can have disastrous consequences on a service member’s military career and future.

MJA has defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including domestic violence. Contact one of our military defense lawyers today to learn more.

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Article 128b, UCMJ (Domestic Violence)

Domestic violence has become a hot-button issue for the military in recent years. As a result, in 2019, Congress added a new charge to the UCMJ–Article 128b–which specifically targets the offense of domestic violence. Under Article 128b, a charge of domestic violence can be brought against any person who:

  • Commits a violent offense against a spouse, intimate partner, or immediate family member of that person;
  • With intent to threaten or intimidate a spouse, intimate partner, or immediate family member of that person, commits a criminal offense against any person or property (including an animal);
  • With the intent to threaten or intimidate a spouse, intimate partner, or immediate family member of that person, violates a protection order;
  • With the intent to commit a violent offense against a spouse, intimate partner, or immediate family member of that person, violates a protection order; or
  • Assaults a spouse, intimate partner, or immediate family member of that person by strangulation or suffocation.

While historically a charge of domestic assault might have required evidence of an unlawful touching, this new law does not. Notably, Article 128b allows a service member to be convicted of domestic violence just for violating a protective order (assuming there is evidence that such a violation was with the intent to threaten or intimidate an intimate partner).

This is a major change in the law—and a very concerning one—given the frequency with which commanders issue protective orders.

Service members who are under investigation or have been issued a “no contact” order should exercise extreme caution to ensure absolute compliance with such orders.

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Case Results We’ve been in the fight & know how to win

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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View All Results
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Defenses

The following are several common legal defenses that can be used against charges of domestic violence:

Self-defense

If the accused can demonstrate that they were acting in self-defense or defense of others, they may have a valid defense against charges of domestic violence. This defense typically requires showing that there was an immediate threat of harm and that the use of force was necessary to prevent that harm.

Defense of others

Similar to self-defense, the defense of others involves using force to protect another person from harm. The accused must show that they reasonably believed the other person was in imminent danger and that their actions were necessary to prevent harm.

Lack of intent

Domestic violence charges often require proof of intent to harm or commit an unlawful act. If the accused can demonstrate that they did not have the intent to commit the alleged act of domestic violence, it may serve as a defense.

Alibi

An alibi defense involves providing evidence that the accused was not present at the time and place where the alleged domestic violence occurred. This defense relies on witnesses, documents, or other evidence to establish that the accused could not have committed the offense.

Mistaken identity

In some cases, the accused may argue that they were mistakenly identified as the perpetrator of domestic violence. This defense relies on casting doubt on the reliability of witness testimony or other evidence linking the accused to the alleged offense.

Consent

Consent may be a defense in cases where the alleged victim voluntarily agreed to the actions that are the basis of the domestic violence charges. However, it's important to note that consent may not be a valid defense if the alleged victim was coerced, incapacitated, or unable to give valid consent.

Mental incapacity

If the accused was suffering from a mental illness or incapacity at the time of the alleged offense, they may be able to raise a defense of mental incapacity. This defense typically requires expert testimony to establish that the accused was unable to understand the nature of their actions or appreciate the wrongfulness of their conduct.

Police misconduct

In rare cases, the defense may argue that police misconduct, such as illegal search or seizure, coercion, or fabrication of evidence, undermines the validity of the charges against the accused.

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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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Maximum Penalties

Article 128b does not explicitly provide a maximum punishment for the crime of domestic violence. In such cases, military courts will look at similar offenses under the UCMJ to determine an appropriate punishment range.

For comparison, charges under Article 128 (Assault) range from 3 months confinement for simple assault to up to 20 years confinement for aggravated assault perpetrated with the intent of committing other specified felonies.

Lautenberg Amendment

The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for anyone convicted of a “misdemeanor crime of domestic violence” to ship, transport, possess, or receive firearms or ammunition. This law applies to all service members worldwide with a qualifying conviction.

Qualifying domestic violence convictions may be in state or federal court, including special or general court-martial. Qualifying convictions do not include a summary court-martial conviction or the imposition of nonjudicial punishment under Article 15, UCMJ. A service member with a qualifying conviction can expect to be separated from the military.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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Military Domestic Violence Allegations FAQs

Should I cooperate with military authorities if I've been charged with domestic violence?

Cooperate with military authorities while also understanding your legal rights. Refrain from making statements or admissions without consulting with your attorney first. Your attorney can advise you on the best course of action to protect your interests during the investigation and legal proceedings.

What are my rights during the investigation and legal process?

As someone charged with military domestic violence, you have rights under the UCMJ, including the right to remain silent, the right to legal representation, and the right to confront witnesses against you. It's crucial to assert these rights and work closely with your attorney to build a strong defense strategy.

Can I be subject to a military protective order (MPO) if I've been charged with domestic violence?

Yes, military authorities may issue a Military Protective Order (MPO) against you if you've been charged with domestic violence. An MPO can impose restrictions on your contact with the alleged victim and may include other conditions aimed at preventing further harm or intimidation.

What should I do if I believe the charges against me are false or exaggerated?

If you believe the charges against you are false or exaggerated, it's essential to gather evidence and witnesses to support your defense. Your attorney can help you assess the evidence, identify inconsistencies or weaknesses in the prosecution's case, and challenge the allegations effectively during legal proceedings.

How will a domestic violence conviction affect my military career?

A domestic violence conviction can have serious consequences for your military career, including potential discharge, loss of rank, and other administrative actions. Understand the potential ramifications and work with your attorney to mitigate the impact on your career and future.

Can I negotiate a plea bargain or alternative resolution to domestic violence charges?

Depending on the circumstances of your case, your attorney may explore the possibility of negotiating a plea bargain or alternative resolution with military prosecutors. These options could involve pleading guilty to lesser charges or participating in diversion programs aimed at rehabilitation and prevention.

How can I maintain contact with my family or children during legal proceedings?

If restrictions on contact with family members or children are imposed as part of an MPO or other legal orders, comply with these restrictions while exploring legal avenues to address custody or visitation issues. Your attorney can help you navigate these challenges and advocate for your rights as a parent.

What support services are available to me as I navigate domestic violence charges?

In addition to legal representation, you may benefit from accessing support services such as counseling, stress management, and rehabilitation programs. Your attorney can connect you with resources within the military community or recommend external support services to assist you during this challenging time.

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Protect Your Freedom and Your Military Future

When your life, career, and future are on the line, you need an experienced law firm in your corner. The skilled and experienced attorneys at MJA have defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including domestic violence. We will ensure that every avenue of defense is aggressively pursued on your behalf. Call us today at (843) 473-3665 for a consultation.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

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