Domestic Abuse

Overview | What to Look For | What to Do | What to Avoid
What to Expect | Troubleshooting

Report of Incident

Overview

Most unrestricted reports of domestic abuse come from military or civilian law enforcement or the Military Treatment Facility (MTF). However, some Marines or their family members may self-report either to the command or Family Advocacy.  Regardless of the source of the unrestricted report, activating the coordinated community response (PMO, FAP, MTF) is essential to ensure victim safety. If the Marine is not assigned to an installation or is on independent duty, leaders will need to interface with civilian law enforcement and domestic violence resources to ensure the safety of all involved.  In order to help with the investigation, you will want to document any of the following:

What to Look For

• Indications of non-accidental use of physical force: pushing, shoving, grabbing, kicking, blocking exit, restraining, hitting, slapping, biting, threatened use or use of a weapon, etc.

• Indications of emotional abuse: isolating from social support, threatening to harm or actually harming pets or loved ones, throwing things, destroying property, ridiculing, berating, excessive jealousy, stalking, refusing access to medical care, financial resources, or military benefits.

• Indications of sexual assault or rape.

• Indications of neglect of basic necessities if spouse is unable to care for self due to illness or extreme cultural barriers.

What to Do

• Upon receiving a report of domestic violence, counsel a military suspect about his/her alleged misconduct, but only after providing the military suspect his/her Article 31 rights under the UCMJ.

• If the incident has not been reported to proper authorities, report the incident to the Provost Marshall's Office (PMO) or civilian law enforcement for a formal investigation.

• Review each law enforcement investigation with the installation legal office to determine if punitive and/or administrative action is warranted, and the level of appropriate disposition in accordance with the Uniform Code of Military Justice and/or administrative regulations.

• Report the incident to the Family Advocacy Program (FAP) for a formal risk assessment and safety planning.  Ensure the Marine involved, whether as the alleged victim or offender, is seen by FAP within 24 hours of the report or the next duty day if the incident occurs on the weekend or holiday.
  - Secure safe housing for the victim as needed.
  - Ensure the victim has been offered a Victim Advocate through FAP or local domestic violence resources and has received medical attention if appropriate.

• Ensure a safety plan is in place for all family members.

• Issue a Military Protective Order (MPO) if appropriate.

• Ensure civilian protection orders are served as needed.  Obtain a copy of the protection order and review it with the legal office.

• Direct the alleged abuser to alternative housing as needed.

• Monitor alleged offender for suicidal/homicidal risk.

• If there are weapons in the home, ensure PMO removes the weapons until safety for all involved can be assessed and assured.

• Ensure the unit command representative to the Case Review Committee (CRC) is informed of the incident. 

• At duty stations without a FAP, report the abuse to the designated Family Advocacy Program Officer (FAPO) and appropriate civilian law enforcement.

• The FAPO is a field grade officer or above who is appointed by the Installation Commander to act as the command representative on issues related to domestic abuse.

• Ensure victims of abuse are informed of benefits under the Transitional Compensation Program.

What to Avoid

• Forming conclusions about an incident before all the information is obtained.

• Obtaining information only from the Marine involved.

• Assuming emotional abuse should not be taken seriously. Physical abuse is almost always accompanied by emotional abuse. Even when physical abuse stops, if the offender has not been in treatment, emotional abuse can continue with devastating impact to the victim.

• Not activating the coordinated community response by notifying the other agencies such as law enforcement or FAP.

• Appointing or sending a command representative to the CRC who has not been trained in domestic abuse.

• Delaying offering a Victim Advocate to the victim until after the investigation or assessment

• Not holding the offender accountable for his/her actions.

What to Expect after Taking Action

• After an incident is reported, command can expect a thorough assessment by the FAP and PMO.  Naval Criminal Investigative Service (NCIS) may become involved in serious abuse cases.

• As part of the assessment and investigation, it is not uncommon for conflicting information to surface from the alleged victim and offender.

• Victims will sometimes recant or ask for reconciliation especially if they fear retaliation from the offender or fear they will lose income or benefits. Recantation alone should not be used to determine if a victim is telling the truth.

• Offenders often deny, minimize or blame the victim for the abuse. They can appear cool, calm, and collected and in control. Some may claim self-defense even when they have received no injuries.

• Victims can react with anger, confusion, and accusations toward command. Although this can be a challenge to command, a victim's behavior should not detract the command from holding the offender accountable for behavior. 

• Once the assessment is completed, Family Advocacy will be in regular contact with the command to provide ongoing information about the assessment and any recommended treatment.

• The incident should go before the Case Review Committee (CRC) within 30 days of the initial investigation for status determination.

• The command representative, as a voting member of the CRC, will be required to attend the CRC or the incident will be tabled.

• The CRC will notify the command in writing within 7 days of the CRC of the case status determination

• FAP relies on the command to support treatment recommendations.

• If the incident is substantiated, the CRC will review the case every three months.

Troubleshooting

• A major challenge for command especially during high optempo is to monitor the Marine's participation in treatment.  Regularly communicating with the Family Advocacy Program (FAP) and ensuring the command representative attends all Case Review Committee (CRC) meetings will assist the command to stay abreast of important changes.
• Although the Marine may be in treatment, a spouse/intimate partner may refuse to participate. This can be extremely frustrating for the Marine and impede progress. Encouraging the Marine to focus on personal treatment goals will help the Marine to be successful.
• The domestic abuse may take time to resolve and subsequent incidents may occur. Attention to safety throughout the time the case is open is critical to ensure that victims remain safe from further abuse. Treatment alone is rarely a sufficient safety plan. Some type of monitoring is a necessary component of any type of safety plan .