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Domestic Violence against Military Spouse

Armed Services Members and Domestic Violence Charges

If you are in the armed services and face or are charged with Domestic Violence, or have restraining orders filed against you, the outcome can be potentially harmful to your current and future career.

Domestic Violence charges can directly impact military due to the Firearm Possession Prohibition. Federal law states the following concerning firearms and restraining orders:

Firearm Possession Prohibition

Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms,

ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a

$250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release)

makes it mandatory for the Court to revoke supervision for possession of a firearm.

Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/

transporting, or receiving any firearm or ammunition:

(1) a person convicted of a crime punishable by imprisonment exceeding one year;

(2) a person who is a fugitive from justice;

(3) a person who is an unlawful user of or who is addicted to a controlled substance;

(4) a person who has been adjudicated as a mental defective or who has been admitted

to a mental institution;

(5) an alien who is unlawfully in the United States or who has been admitted to the

United States under a nonimmigrant visa;

(6) a person who has been discharged from the Armed Forces under dishonorable

conditions;

(7) a person who, having been a citizen of the United States, renounces his citizenship;

(8) a person subject to a court order that was issued after a hearing in which the person

participated, which order restrains the person from harassing, stalking, or threatening

an intimate partner or partner's child, and which order includes a finding that the

person is a credible threat to such partner or partner's child, or by its terms prohibits

the use, attempted use or threatened use of such force against such partner or

partner's child;

(9) a person who has been convicted of a misdemeanor crime of domestic violence.

An armed services member could face felony charges in a domestic violence matter if they possess a firearm. This can obviously directly affect the ability to work when a weapon is a compulsory part of employment. It is important to contact a skilled Domestic Violence Defense lawyer at our law firm when facing these serious charges.

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