Military Domestic Violence

Protecting the Safety of Families in Orange County

Domestic violence is a serious issue that should not go unaddressed. The problem of domestic violence can affect any family, even families involving the honorable men and women serving in our nation’s uniformed forces. Many states have enacted laws to help deal with domestic violence issues in family law cases. Cases involving military domestic violence can be a challenge as there are also federal laws one may need to consider. That is why it is vital for military families to seek an experienced military domestic violence attorney in Orange County for legal representation in such cases.

At Moshtael Family Law, you can benefit from a legal team with more than a century’s worth of combined legal experience in matters involving California family law, including issues related to military domestic violence. We are dedicated to protecting the safety and welfare of military families throughout Orange County by advising and advocating for their best interests in matters concerning military domestic violence.

California Laws on Domestic Violence

Under California law, courts may issue special orders “to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.”

To protect persons against domestic violence, courts have the authority to issue the following orders:

• Protective orders: The court may issue a restraining order to prevent domestic violence by enjoining someone from committing certain abusive acts, living in the family dwelling, or other specified behaviors.
• Emergency ex-parte protective order: To prevent imminent acts of domestic violence, a court may issue an emergency ex-parte protective order. The court may render such an order without first providing notice and a hearing to the party who is subject to the order.

In addition to the legal protections that the California Family Code affords victims of domestic violence, California law specifically recognizes acts of domestic violence to be criminal offenses. A person who is guilty of committing domestic violence can potentially face hefty fines and jail time.

Furthermore, a party who violates the terms of a domestic violence protection order may be criminally liable. Subsequent violations of the order warrant enhanced criminal penalties.

Domestic violence is also a major consideration in cases involving the determination of child custody rights between divorcing and separating parents. A court is obligated to evaluate any history of domestic violence when deciding on a custody arrangement that suits the best interest of any minor children involved.

Domestic Violence Under the Uniform Code of Military Justice

Military servicemembers who commit acts of domestic violence are not only subject to civil and criminal repercussions but administrative consequences as well. The military protects against domestic violence through various provisions of the Uniform Code of Military Justice (UCMJ), laws that apply to all branches of the U.S. Armed Forces. Violation of the UCMJ can result in a court-martial and other severe penalties, including imprisonment in a military jail.

Provisions of the UCMJ that relate to acts of domestic violence include:

• Provoking speeches or gestures: Section 917, Article 117 prohibits “provoking or reproachful words or gestures toward any other person.”
• Assault: Section 928, Article 128, prohibits “unlawful force or violence to do bodily harm to another person.”
  Aggravated assault: Anyone who commits an assault using a dangerous weapon likely to cause death or serious harm or otherwise intentionally inflicts grievous bodily harm regardless of having a weapon is subject to punishment as a court-martial.
• General article: Section 934, Article 134 generally prohibits conduct that otherwise constitutes domestic violence, such as harassment and stalking. Under Article 134, “all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”

Consult a Military Domestic Violence Attorney from Moshtael Family Law Today

If you are concerned about domestic violence in a military divorce case, you should contact a knowledgeable and compassionate military domestic violence lawyer in Orange County. At Moshtael Family Law, we are dedicated to protecting the safety and wellbeing of military families who have suffered from acts of domestic violence. We will guide you through the litigation, explaining the legal implications of your case so that you can make an informed decision about you and your family’s future welfare.