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Military families are subject to increased stress with the demands of military readi-ness and frequent deployments. With the increased number of deployments in the last 12 years, this stress has increased on servicemembers and their families. Complicating matters and increasing family stress is the prevalence of posttraumatic stress disorder (PTSD) felt by servicemembers returning from numerous deployments to Iraq and Afghanistan.1 Unfortunately, one way this stress often manifests itself is through incidents of family violence. This is an area that family law attorneys must be aware of should an appropriate client seek your representation.
The Department of Defense (DoD) has recognized that domestic violence is an issue. Consequently, on August 21, 2007, the DoD issued DoD Instruction Number 6400.06, Domestic Abuse Involving DoD Military and Certain Affiliated Personnel. It is DoD policy to prevent and eliminate domestic abuse in the Department of Defense and to provide for the safety of victims; hold abusers appropriately accountable for their behavior; and coordinate the response to domestic abuse with the local community.2 This Instruction establishes that each commander has the duty and authority to take action and respond to domestic violence situations.
The military has multiple responses for dealing with domestic violence ranging from criminal punishments to administrative remedies to services to treat victims of domestic violence to compensation for victims. Some of these responses are detailed further below.
MILITARY JUSTICE
Commanders have the authority to punish servicemembers under the Uniform Code of Military Justice (UCMJ). Punishment under the UCMJ includes both judicial and non-judicial punishment.
Judicial punishments are criminal offenses with criminal penalties. Offenses under the UCMJ may include: Article 92. Failure to Obey Order or Regulation; Article 128. Assault; Article 133. Conduct Unbecoming an Officer and a Gentleman; and Article 134. General Article. Article 134 provides:
Though not specifically mentioned in this chapter, 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...