As a PL, what do I do if one of my soldiers is arrested for domestic violence?

2018-12-11T09:10:52-05:00

This might seem common sense, but I just want to ensure all of my bases are covered. So in your opinion, what steps should I follow?

Response by SGT David T. made Dec 11 at 2018 9:26 AM

2018-12-11T09:26:39-05:00

Counsel them on the implication of a conviction. Beyond that, I would play wait and see if they are convicted and for what. I have seen plea bargains where they pled guilty to something else as opposed to domestic violence. In that case, you don't have any Lautenberg amendment issues (assuming it isn't a felony). You could go the UCMJ route with them, but I have always been opposed to doing that if the civilian courts handled it. Others may have a different philosophy so opinions may vary on that one lol.

Response by LTC Private RallyPoint Member made Dec 11 at 2018 9:28 AM

2018-12-11T09:28:28-05:00

IG already mentioned is a good start or the SJA as well. From a leader perspective, you can help ensure that both the Soldier and spouse are “safe”. In that I mean, where is the Soldier staying (assuming they cannot stay at the residence) barracks, fellow soldier, etc. Ensure the spouse has access to funds, especially if there are children involved. The Chaplain, MFLC and other services are also there to help the Soldier and spouse going forward.

Response by 1LT Private RallyPoint Member made Dec 11 at 2018 9:29 AM

2018-12-11T09:29:13-05:00

Well if the solider is charged and convicted with domestic violence, the soldier can no longer be in the military. The soldier can no longer carry a firearm once convicted for domestic violence. Basically, the only thing you can do is decide on what type of discharge. If the soldier is arrested for domestic violence, the jury has to decide guilt or innocent. If the soldier is guilty, soldier receives some type of sentence which he can go to jail for a domestic violence charge. It would be your responsibility to get all the paperwork and file a discharge. Most likely the soldier will have to be released from the military.

For being arrested, you will have to counsel that soldier and tell the soldier the likely consequences that will happen if convicted of a domestic violence charge. Also 97 percent of people plea bargain, so the soldier might receive a different charge like simple battery or simple assault.

Response by CPT Private RallyPoint Member made Dec 11 at 2018 9:32 AM

2018-12-11T09:32:06-05:00

I had a soldier who was incarcerated for a year before conviction. Once he was convicted we were able to process discharge paperwork. But being incarcerated does not equal guilt. They still have to be proven guilty.

Response by SGM Private RallyPoint Member made Dec 11 at 2018 9:42 AM

2018-12-11T09:42:30-05:00

First step will sound like common sense, but the first step is always to inform your company commander immediately with the 5 Ws, Who the Soldier is, What he is charged with, Where it happened, When it happened, Was the arresting officer police or MP, the report number and POC for the report, does the Soldier have personally owned weapons, and where the Soldier is right now.
On active duty, the normal process for a domestic is to rescind the Soldier's pass privilege of living in post housing or off post and move him into the barracks to remove the threat.
The Soldier will need to be flagged immediately for Law Enforcement Investigation, and will probably need a Behavioral Health assessment with escort scheduled.
Your Commander will need advice from JAG, your Soldier will need advice from TDS.
If the Soldier is convicted of a misdemeanor domestic violence crime, it now becomes a felony for the Soldier to possess a firearm or ammunition, that includes an M4 from the arms room, which means no qual range, no deployment and bar to reenlistment.

Response by CPT Private RallyPoint Member made Dec 11 at 2018 9:48 AM

2018-12-11T09:48:27-05:00

Many things come to mind, but these are most important to the health of the unit. 1- Bring the information to your Commander ASAP. I believe this also constitutes a CCIR (it is for most commands).
2- Speak to JAG with the clear guidance on what the Chain would like to see accomplished.
3- Reassignment of the Soldier’s duties (might not have to).
4- Stay open-minded, as many people have said already arrested is not convicted.
5- Don’t allow you or your PSG to get personally involved.
6- Check on the Soldier’s spirit and mood, and watch for words that could scream despair/depression and possible thoughts of suicide.

Response by LTC Jason Mackay made Dec 11 at 2018 2:55 PM

2018-12-11T14:55:58-05:00

2LT Private RallyPoint Member I'll answer your question with two questions. What have you done already? What has your Company Command done already?

Response by MAJ Private RallyPoint Member made Dec 11 at 2018 4:30 PM

2018-12-11T16:30:09-05:00

All the advice given is great, and all will factor in. Communicate with his NCO's about how they are doing and what kind of Soldier they are, if you are not already familiar with him. Ask your Company Commander if you can sit in on any conversations with higher HQ, JAG, Chaplain, BHO, etc, that way you can be informed, since the CDR will be the POC for any adverse action. Eventually, you may be asked for your recommendation for the Soldier, such as separation, retention, potential discipline, etc. That is why you want to be in with conversations with your CDR, otherwise you won't be consulted. Good luck - good to see you're engaged in the process.

Response by SGT Tony Clifford made Dec 11 at 2018 4:55 PM

2018-12-11T16:55:14-05:00

The first thing that you need to do is give the commander the 5 Ws. You're going to find out about any weapons he has. The soldier will definitely need to talk with TDS. I'm sure that there are many other steps that you will need to do. Fortunately, I have never had to deal with one of my soldiers committing domestic violence, so I'm not much of an expert with this problem.

Response by 1SG Dennis Hicks made Dec 11 at 2018 5:50 PM

2018-12-11T17:50:52-05:00

I fully support the advice already given but I would add waiting to see how this shakes out. Will there actually be a trial or will this be another case of false accusations. I have seen it back in the day. Being arrested doesn't always equal guilty, it means you met the requirements for arrest and protection of the spouse. If this fellow is a POS there will be ample evidence as it won't be the first time, it never is. But I am cautious on jumping on the hang him high band wagon immediately. Also back in the day if he did this crap he would get a visit from his peers and it would stop immediately as he was processed out.

Response by CPT Private RallyPoint Member made Dec 11 at 2018 9:21 PM

2018-12-11T21:21:06-05:00

Probably should talk to your company commander and 1SG. Usually sworn statements and 4856 accompany that kind of stuff depending on the situation. Also need the police report and send up a CCIR up the chain of command so there are no surprises.

Response by LTC Private RallyPoint Member made Dec 12 at 2018 7:05 AM

2018-12-12T07:05:53-05:00

Was it on post or off post? It will matter later. Get the SM back on base and secure in your barracks. Next, secure a restraining order both military and civilian. This will be a blotter incident so have all the details for your boss. If children were in proximity that will bring in CPS. Ensure you get their contact info and date time when they plan to visit wife. Ask spouse or offer to assist spouse. Some spouses may not charge their spouse due to the cause/ effect of event and job loss, etc. just realize this as a COA. Put SM on your High Risk Tracker. SM should have an evaluation depending on your installation SOP. Make this type event into a battle drill. I’d prepare for this SM to be eventually processed out of the military. So get ready for CIF issues, pay issues, family issues. I’d select a NCO to be the escort for the SM from start to finish as well. Lastly, keep this entire event respectful. These events can spiral out of control. Look at a no drinking policy, restrictions to the base etc as tools you can use with approval from your SJA. Good luck.

Response by LTC Private RallyPoint Member made Dec 12 at 2018 9:32 AM

2018-12-12T09:32:19-05:00

LT Moore, when you have time read up on Bars to Enlistment. Also, look at your counseling program. Is it being done and is it quality. Bars are great motivational tools to keep in your kit bag.

Response by SSgt Boyd Herrst made Dec 13 at 2018 12:54 PM

2018-12-13T12:54:45-05:00

Follow the protocols laid down in the guidelines and look out for those affected .The recipient of the violence first ! and it’s suggested the accused has legal counsel provided.. maybe the alleged recipient have an advocate too.. you don’t always know where it started.. it’s a she said he said sitrep the facts are needed .
That’s why it’s suggested (IMHO)!both parties have legal counsel ...

Response by LTC Private RallyPoint Member made Dec 14 at 2018 10:41 AM

2018-12-14T10:41:19-05:00

2LT Private RallyPoint Member first step is notify the Commander. Second is for the Commander or their staff to start flagging the individual in JPAS. JAG should assist your Commander. As far as you individually follow the lead from your Commander and ensure that the family is taking care of so the situation does not get worse. Work with your PSG, Commander, JAG, CID/MPs, family advocacy, chaplain, etc. to ensure that it is dealt with properly.

Family Advocacy on Campbell is: https://campbell.armymwr.com/programs/family-advocacy-program

Domestic Abuse resources: https://campbell.armymwr.com/application/files/6714/9341/6801/VAP-Resource-Guide.pdf

Family Advocacy Program

ACS Family Advocacy Program (FAP)'s objective is to assist Soldiers and Families in recognizing and meeting the challenges of military lifestyles.