Military Domestic Violence Attorneys
Protecting the Safety of Families in Orange County
Domestic violence is a serious issue that should not go unaddressed. The
problem of domestic violence can affect any family, even families involving
the honorable men and women serving in our nation’s uniformed forces.
Many states have enacted laws to help deal with domestic violence issues
in family law cases. Cases involving military domestic violence can be
a challenge as there are also federal laws one may need to consider. That
is why it is vital for military families to seek an experienced military
domestic violence attorney in Orange County for legal representation in
At Moshtael Family Law, you can benefit from a
legal team with more than a century’s worth of combined legal experience in
matters involving California family law, including issues related to military
domestic violence. We are dedicated to protecting the safety and welfare
of military families throughout Orange County by advising and advocating
for their best interests in matters concerning military domestic violence.
Call us at to learn more about our legal services.
California Laws on Domestic Violence
Under California law, courts may issue special orders “to prevent
acts of domestic violence, abuse, and sexual abuse and to provide for
a separation of the persons involved in the domestic violence for a period
sufficient to enable these persons to seek a resolution of the causes
of the violence.”
To protect persons against domestic violence, courts have the authority
to issue the following orders:
Protective orders: The court may issue a restraining order to prevent domestic violence by
enjoining someone from committing certain abusive acts, living in the
family dwelling, or other specified behaviors.
Emergency ex-parte protective order: To prevent imminent acts of domestic violence, a court may issue an emergency
ex-parte protective order. The court may render such an order without
first providing notice and a hearing to the party who is subject to the order.
In addition to the legal protections that the California Family Code affords
victims of domestic violence, California law specifically recognizes acts
of domestic violence to be criminal offenses. A person who is guilty of
committing domestic violence can potentially face hefty fines and jail time.
Furthermore, a party who violates the terms of a domestic violence protection
order may be criminally liable. Subsequent violations of the order warrant
enhanced criminal penalties.
Domestic violence is also a major consideration in cases involving the
child custody rights between divorcing and separating parents. A court is obligated
to evaluate any history of domestic violence when deciding on a custody
arrangement that suits the best interest of any minor children involved.
Domestic Violence Under the Uniform Code of Military Justice
Military servicemembers who commit acts of domestic violence are not only
subject to civil and criminal repercussions but administrative consequences
as well. The military protects against domestic violence through various
provisions of the
Uniform Code of Military Justice (UCMJ), laws that apply to all branches of the U.S. Armed Forces. Violation of
the UCMJ can result in a court-martial and other severe penalties, including
imprisonment in a military jail.
Provisions of the UCMJ that relate to acts of domestic violence include:
Provoking speeches or gestures: Section 917, Article 117 prohibits “provoking or reproachful words
or gestures toward any other person.”
Assault: Section 928, Article 128, prohibits “unlawful force or violence to
do bodily harm to another person.”
Aggravated assault: Anyone who commits an assault using a dangerous weapon likely to cause
death or serious harm or otherwise intentionally inflicts grievous bodily
harm regardless of having a weapon is subject to punishment as a court-martial.
General article: Section 934, Article 134 generally prohibits conduct that otherwise constitutes
domestic violence, such as harassment and stalking. Under Article 134,
“all disorders and neglects to the prejudice of good order and discipline
in the armed forces, all conduct of a nature to bring discredit upon the
armed forces, and crimes and offenses not capital, of which persons subject
to this chapter may be guilty, shall be taken cognizance of by a general,
special, or summary court-martial, according to the nature and degree
of the offense, and shall be punished at the discretion of that court.”
Consult a Military Domestic Violence Attorney from Moshtael Family Law Today
If you are concerned about domestic violence in a military divorce case,
you should contact a knowledgeable and compassionate military domestic
violence lawyer in Orange County. At Moshtael Family Law, we are dedicated
to protecting the safety and wellbeing of military families who have suffered
from acts of domestic violence. We will guide you through the litigation,
explaining the legal implications of your case so that you can make an
informed decision about you and your family’s future welfare.
To arrange for an initial, confidential case evaluation with a member of
our legal team, call Moshtael Family Law at or
contact us online today. We're proud to offer military discounts.