Wednesday, February 22, 2012

Family Law Attorneys - Military Domestic Violence

Domestic Violence in the Military
Domestic Violence is a recurring aspect of any Family Law practice.  While Boise Divorce Attorneys spend a lot of time dealing with domestic violence issues for their civilian clients, they also often deal with domestic violence in a military family.  However, there are differences in how the DV is dealt with when a military family is involved.

How is Domestic Violence Handled in the Military
How physical marital conflict is handled in the military depends upon who is committing the violence and where it is done.  By way of contrast, in the civilian setting, if a husband abuses his wife, she or a concerned individual will report the abuse to the police.  The wife may then file for a protection order.  In the military, if the abuser is a civilian, their behavior will also be reported to the local police.  If the abuser is military personnel and the violence occurs on a military base, then the military police are called in to investigate.  They report the abuse to the Family Advocacy Program as well as the abuser's commanding officer.  If the abuser is in the military and the abuse occurs off base, the local police are called.  There is no consistency, however, at the moment which requires the military personnel to be reported to the commanding officer or the Family Advocacy Program for their violent behavior.

If the commanding officer or the Family Advocacy Program learn about the soldier's domestic violence for abuse committed off base or if the abuse was committed on base, a caseworker is assigned to assess the situation and to develop a safety plan.  Part of this safety plan can be a protection order, similar to the ones that exist in the civilian world.  Where the process differs from the civilian world is the coordinated effort employed by the military to help stop and prevent further domestic violence. 

The caseworker submits their findings to a multidisciplinary panel which includes officials from the FAP, medical personnel, JAG, Chaplin and law enforcement.  They review the case and make recommendations to the commanding officer.  The commanding officer then, based upon the recommendations and the surrounding circumstances makes the decision to order his subordinate to counseling or other treatment or to impose disciplinary action from the Code of Military Justice.

When filing for divorce or domestic violence when a military personnel is involved it is important to remember that you need a Boise Divorce Attorney that has experience dealing with the military.  While there are similarities in civilian divorce their are factors that are handled differently when military personnel are involved. 

If you are in the military and need a Boise Divorce Attorney who has this experience, give us a call and see what we can do for you - (208) 472-2383 - you will be glad you did.

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