11.1 Military Servicemembers

Military Regulations do not tolerate domestic violence.1  The military services have Family Advocacy Programs which try to help reduce family violence. Commanding officers and military family advocates have the ability to ensure that victims receive victim advocacy services, medical care, risk assessments, safety planning, Military Protective Orders, counseling, and legal assistance.

Military Protective Orders are similar to civil protective orders. They may be issued by commanding officers, and formal hearings are not required. They are usually issued for up to 10 days. If a longer order is needed, the commanding officer gives the victim and alleged offender an opportunity to respond. A commanding officer must direct or make a formal inquiry into charges of domestic violence against a service member. The offender may face non-judicial punishment or courts-martial. Until 2018, domestic violence was not a recognized crime in the Uniform Code of Military Justice (UCMJ). Service members could be charged with other similar crimes, like assault, but not domestic violence. Now, as a result of a court martial proceeding, service members can face punishments ranging from the docking of their pay to a dishonorable discharge as a result of domestic violence.

In practice, although the military has policies against domestic violence, the person enforcing these rules is the commanding officer who often attempts to counsel or mediate a resolution rather than protect the victim. Further, civil police do not have jurisdiction over incidents that occur on military bases. So, if an incident of abuse occurs on base, military police are in charge of responding to any call for help or subsequent investigation.

• 1The Department of Defense’s Family Advocacy Program (FAP) provides assistance and information regarding the military’s response to domestic violence and child abuse. FAP offers information and guidance on reporting options available to service members and their families. See DOD Family Advocacy Program, Mil. OneSource. The Battered Women’s Justice Project has significant resources on the Military-Civilian Advocate Resource Network. For further information on the military’s response to domestic violence, see Judith Beals & Patricia Erwin, Battered Women’s Just. Project, Understanding the Military Response to Domestic Violence: Tools for Civilian Advocates (updated 2007); see also Jane M. Sadusky, Battered Women’s Just. Project, Collaborating for Safety: Coordinating the Military and Civilian Response to Domestic Violence Elements and Tools (2010).