ARTICLE 128b UCMJ Domestic Violence

Article 128b of the Uniform Code of Military Justice (UCMJ) makes domestic violence a standalone military offense. It criminalizes violent, threatening, or coercive conduct committed against a spouse, intimate partner, dating partner, or other qualifying domestic relationship. This article was created to ensure that domestic violence offenses in the military are charged and punished independently rather than being treated as simple assaults under Article 128.

A service member may be charged under Article 128b if the alleged victim is:

• A current or former spouse
• A person with whom the accused shares a child
• A current or former intimate or dating partner
• A cohabitant or former cohabitant
• A person in a relationship defined as “domestic” under military law

The relationship itself is a required element of the offense and must be proven by the government.

To convict a service member of Article 128b, the government must prove beyond a reasonable doubt that:

1. The accused committed an act of violence, assault, or other prohibited conduct;
2. The act was committed against a qualifying domestic partner or family member; and
3. The conduct met the legal definition of domestic violence under the UCMJ.

If any element is missing—especially the domestic relationship—the charge may fail.

Article 128b covers more than just physical assault. Prohibited conduct may include:

• Physical violence or attempted violence

• Threats of violence that place the victim in fear

• Coercive or controlling behavior tied to violence

• Assaultive conduct charged specifically because of the domestic relationship

In many cases, the same physical act that would be charged as assault under Article 128 is elevated to Article 128b because of the relationship between the parties.

No.

A service member can be charged under Article 128b even if no injury occurred, as long as the conduct meets the legal definition of domestic violence and involves a qualifying relationship.

That said, the severity of injuries (if any) often affects:

• Charging decisions
• Whether the case goes to court-martial
• Sentencing exposure

Actual punishment depends on the forum — special or general court-martial — and jurisdictional caps. For a full comparison across forums, see court-martial punishments and sentencing.

Domestic Violence Offenses

• Violent offense against a spouse, intimate partner, or immediate family member: Dishonorable discharge or bad-conduct discharge, underlying offense plus 3 years confinement, total forfeitures

• UCMJ violation against any person with intent to threaten or intimidate a spouse, intimate partner, or immediate family member: Dishonorable discharge or bad-conduct discharge, underlying offense plus 3 years confinement, total forfeitures

• UCMJ violation against any property (including an animal) with intent to threaten or intimidate a spouse, intimate partner, or immediate family member: Dishonorable discharge or bad-conduct discharge, underlying offense plus 3 years confinement, total forfeitures

Protective Order Violations

• Violation of a protective order with intent to threaten or intimidate: Dishonorable discharge or bad-conduct discharge, 3 years confinement, total forfeitures

• Violation of a protective order with intent to commit a violent offense: Dishonorable discharge or bad-conduct discharge, 5 years confinement, total forfeitures

Strangulation or Suffocation

• Assault by strangulation or suffocation against a spouse, intimate partner, or immediate family member: Dishonorable discharge or bad-conduct discharge, 5 years confinement, total forfeitures

• Aggravated assault by strangulation or suffocation upon a child under 16: Dishonorable discharge or bad-conduct discharge, 11 years confinement, total forfeitures

Other Article 128b Offenses

• Other domestic violence offenses under Article 128b: Dishonorable discharge or bad-conduct discharge, 8 years confinement, total forfeitures

The Manual for Courts-Martial (MCM) assigns offense categories and recommended confinement ranges. These are non-mandatory — the sentencing authority may deviate only if justified, and the lesser maximum authorized punishment always controls.

Domestic Violence Offenses

• Violent offense against a spouse, intimate partner, or immediate family member: Category depends on underlying offense — underlying offense range plus enhancement

• UCMJ violation against any person with intent to threaten or intimidate: Category depends on underlying offense — underlying offense range plus enhancement

• UCMJ violation against property (including an animal) with intent to threaten or intimidate: Category depends on underlying offense — underlying offense range plus enhancement

Protective Order Violations

• Violation of a protective order with intent to threaten or intimidate: Category 2 — 1 to 36 months

• Violation of a protective order with intent to commit a violent offense: Category 3 — 30 to 120 months

Strangulation or Suffocation

• Assault by strangulation or suffocation against a spouse, intimate partner, or immediate family member: Category 3 — 30 to 120 months

• Aggravated assault by strangulation or suffocation upon a child under 16: Category 3 — 30 to 120 months

Other Article 128b Offenses

• Other domestic violence offenses under Article 128b: Category 2 — 1 to 36 months

Article 128b cases move quickly and often involve command pressure, protective orders, and parallel administrative actions. Early representation allows your defense counsel to:

• Control the narrative early

• Preserve evidence

• Challenge improper charging

• Protect your career while defending the criminal case

For a guide to your rights as an accused service member, see The Military Accused: A Strategic Guide to Your Rights and Defense in 2026. For your rights during questioning, see Article 31 Rights: A Tactical Guide. For general court-martial context, see Court Martial Meaning: The High-Stakes Reality of Military Justice.