|
|
|
Link for this page: http://www.militaryhomefront.dod.mil/l/domesticabuse/faqs
|
|
|
Frequently Asked Questions
The following are Frequently Asked Questions about Domestic Abuse programs and services. Please click on the question and the answer will appear. Click again to hide the answer.
What is the Family Advocacy Program (FAP)?
The FAP is a command support program with responsibility for addressing family violence - both domestic abuse and child abuse - in military families, through prevention efforts, early identification and intervention, support for victims, and treatment for abusers. FAP staff work with military leadership, military law enforcement personnel, medical staff, family center personnel and chaplains, as well as civilian organizations and agencies, to provide a coordinated response to family maltreatment involving service members. |
How does the Department of Defense define domestic abuse?
The Department of Defense adopted a two-tiered definition of domestic abuse that would be appropriate for use by all offices and agencies on an installation tasked with responding to domestic abuse:
- Domestic abuse is domestic violence or a pattern of behavior resulting in emotional/psychological abuse, economic control, and/or interference with personal liberty that is directed toward a person who is:
- a current or former spouse
- a person with whom the abuser shares a child in common
- a current or former intimate partner with whom the abuser shares or has shared a common domicile
- Domestic violence is an offense under the United States Code, the Uniform Code of Military Justice, or state law that involves the use, attempted use, or threatened use of force or violence against a person, or a violation of a lawful order issued for the protection of a person who is:
- a current or former spouse
- a person with whom the abuser shares a child in common
- a current or former intimate partner with whom the abuser shares or has shared a common domicile
"Domestic abuse" is the umbrella definition, describing acts that are both criminal (part one of the definition) and non-criminal (part two of the definition) in nature. "Domestic violence" focuses on acts that qualify as offenses or crimes. |
Do military installations offer victim advocacy services for victims of domestic abuse?
Yes. Victim advocacy services will soon be available through all continental United States (CONUS) military installations. Victim advocates provide a broad range of services to military affiliated victims of domestic abuse including safety planning, referral to resources both on the installation and in the civilian community, helping victims to better understand the military response to domestic violence, and helping victims request civil protection orders. |
What services can victim advocates provide?
Victim advocates provide the following services to assist eligible victims:
- assess their safety, their child(ren)'s safety, and the risk of future domestic abuse
- provide information about the installation's response to a report of domestic abuse, including information about supportive services available through the installation, what commanders can do to protect and assist them under the military disciplinary system, shipment of household goods, and transitional compensation
- provide information about the local civilian community's response to a report of domestic abuse, including information about available supportive services, and what the civilian law enforcement and justice system can do to protect and assist them
- provide information about how to obtain civilian and military protective orders and how they will be enforced
- provide safety planning to minimize harm from future abuse
- provide referral to supportive services requested by the victim
- assist them in making an unrestricted report to the appropriate law enforcement agency, FAP, and the commander if the victim decides that he or she wants to report
- help the victim to understand the option of restricted reporting should the victim decide that he or she does not want to have law enforcement investigate the incident or have command notified
- assist in seeking a protective order with the victim's consent
|
Are victim advocacy services confidential or will allegations of abuse be reported by the advocate to command or law enforcement?
Under the new restricted reporting option, a victim of domestic abuse has the option of reporting an incident of domestic abuse to a victim advocate, supervisor of a victim advocate, or health care provider and receiving victim advocacy services and medical care without starting a law enforcement investigation or having the victim's or alleged offender's commander notified. |
What are the reporting options for confidential services for victims of domestic abuse?
The ability to effectively intervene with a couple experiencing domestic abuse is dependant on a thorough investigation of the allegation and/or assessment of the abuse followed by the provision of appropriate support and services. Domestic abuse often goes unreported in both the civilian and military communities. Although the victim’s decision to report the incident is a crucial step towards holding the offender accountable following a domestic abuse incident, reporting can have potential serious consequences for the safety and welfare of the victim and other family members. In the military community, victims are often worried that reporting the abuse will damage the career of the service member and affect the family’s financial welfare.
Recognizing these competing interests, the desire to hold abusers accountable for their actions, and protect victims and their children, the Department of Defense has developed two different reporting options for victims of domestic abuse:
Unrestricted Reporting
Victims of domestic abuse who want an official investigation of an incident should contact the service member's command, FAP, or law enforcement. The incident will be fully investigated and the victim will have access to victim advocacy services and FAP clinical services. Command, in consultation with the staff judge advocate, may decide to prosecute the abuser. If the allegation has already been reported to law enforcement or command, the report is handled as an unrestricted report.
Restricted Reporting
Restricted reporting lets a victim of domestic abuse have the option of reporting an incident of domestic abuse to a victim advocate, supervisor of a victim advocate, or health care provider and receiving victim advocacy services and medical care without starting a law enforcement investigation or having the victim’s or alleged offender’s commander notified.
Restricted reporting is intended to give victims the care and support they need and the extra time to make more informed decisions about whether they want to report the domestic abuse incident to command or law enforcement. Victim advocates will work with the victims to help them understand all of their options and to help them decide whether reporting is the right option for them. Healthcare providers will initiate the appropriate care and treatment, and will report the domestic abuse only to a victim advocate or the advocate’s supervisor.
There are some exceptions and limits to the restricted reporting option, including when reporting is necessary to prevent or lessen a serious or imminent threat to the health or safety of the victim or another person. For more information about the policy in general and for a detailed explanation of the exceptions to the restricted reporting option, please go to the Policy and Legislation section under Domestic Abuse. Under DoD Policies, please select DoD Instruction 6400.06, "Domestic Abuse Involving DoD Military and Certain Affiliated Personnel", August 21, 2007, Incorporating Change 1, September 20, 2011. |
What is transitional compensation?
Transitional compensation is a congressionally authorized program. It allows the Department of Defense (DoD) to provide temporary monetary payments and limited military benefits to the dependents of service members who are separated from the military due to domestic abuse. These payments are designed to assist victims in establishing a life apart from abusive service members. Transitional compensation benefits are available for no less than twelve months and no more than thirty-six months. In addition to monetary payments, benefits may include commissary and exchange privileges and medical and dental services through TRICARE for a limited period of time. To apply for transitional compensation benefits, a victim should contact the local Family Advocacy Program, victim advocate, or victim witness coordinator. |
What are the eligibility requirements for receiving transitional compensation benefits?
A victim of domestic abuse or child abuse may qualify to receive transitional compensation benefits if:
- he/she was married to or is a family member of a service member
- he/she was residing in the home of the service member when the domestic abuse or child abuse offense occurred
- the service member has served at least thirty days on active duty
- the service member has been discharged administratively (voluntarily or involuntarily) or by court martial for domestic abuse or child abuse, or sentenced to forfeiture of all pay and allowances by a court-martial for a domestic abuse or child abuse offense
- the charge was brought to court after November 29, 1993
The Service Secretaries have some flexibility in providing transitional compensation benefits to victims who might not otherwise meet all of the criteria listed above. A victim advocate, FAP staff member, victim witness coordinator, or legal officer on the installation can help a victim determine whether he or she will be able to access transitional compensation benefits. |
Once a family member receives transitional compensation benefits, under what circumstances would he/she lose those benefits?
A victim could lose or forfeit his/her transitional compensation benefits under the following circumstances:
- the victim remarries (entitlements terminate as of the date of the remarriage)
- the victim begins living with the abusive service member again
- the domestic violence conviction is reduced to a lower punishment or administrative separation is revoked
For detailed information about the program, the benefits it provides, and eligibility requirements, a victim should contact the local FAP, victim advocate, or victim witness coordinator. |
Are there any exceptions to the restricted reporting option?
Yes. Under the new policy, there are several situations that would necessitate a formal report. For example, command or law enforcement must be notified when the advocate, supervisor of the advocate, or health care provider believes it is necessary to prevent or lessen a serious and imminent threat to the health or safety of the victim or another person. For more information about the policy and the exceptions, please click here. |
What if a victim wants an official investigation of the allegations of abuse?
Victims of domestic abuse who want an official investigation of an incident should contact the service member's command, FAP, or law enforcement. The incident will be fully investigated and the victim will have access to victim advocacy services and FAP clinical services. |
Will being reported to Family Advocacy Program (FAP) hurt a service member's career?
Service members and family members sometimes worry about coming forward to their command or to FAP for domestic abuse related concerns. First and foremost, FAP and command want to keep victims of abuse safe. But they also want to help families work through their domestic abuse issues so service members can develop healthier relationships and remain within the military whenever possible. |
If a report of suspected domestic abuse by a service member is substantiated through the Family Advocacy Program (FAP), will the service member be separated from the Service?
The FAP case review committee process for substantiating a reported incident and the disciplinary action a commander may take in response to the incident are two separate procedures. The FAP case review committee may substantiate an incident even though there is insufficient evidence for a commander to take disciplinary action. When an incident is substantiated, FAP provides treatment recommendations to the alleged offender's commander and offers support services to the victim. Commanders have complete discretion in determining the appropriate administrative or judicial action to take against active duty abusers, including whether to separate the service member from the Service. The commander considers the advice of legal officers and evidence presented by law enforcement before making the decision. Since the Uniform Code of Military Justice states that allegations of offenses should be dealt with quickly and "at the lowest appropriate level of disposition," it is highly unlikely that the service member would be separated from the Service unless the abuse is very serious or is a repeated offense. |
If a report of suspected domestic abuse by a service member is substantiated through the Family Advocacy Program (FAP), is the service member prohibited from possessing a firearm or ammunition?
No. Under the Lautenberg Amendment to the Gun Control Act and DoD Instruction 6400.06, a service member with a "qualifying conviction" loses his or her right to possess firearms or ammunition, be they personal property or the property of the government. A substantiated report by a FAP Case Review Committee is not a qualifying conviction. A qualifying conviction is defined in DoD Policy as:
- a misdemeanor or felony conviction for a crime of domestic violence in a civilian court
- a conviction for a crime of domestic violence at a general or special court-martial
Summary court-martial convictions, nonjudicial punishment (Article 15, Uniform Code of Military Justice), and deferred prosecutions in civilian courts are not qualifying convictions. |
What is a military protective order?
A military protection order (MPO) is issued by a commander to an active duty service member to protect a victim of domestic abuse or child abuse and to control the behavior of the alleged abuser. A victim, victim advocate, installation law enforcement agency, or FAP clinician may request a commander to issue a MPO.
Among other things, a MPO may order the service member to surrender his/her government weapons custody card or may order the service member abuser to stay away from the family home if they are living on the installation. Commanders may tailor their orders to meet the specific needs of a victim.
A MPO is only enforceable while the service member is attached to the command that issued the order. When the service member is transferred to a new command, the order will no longer be valid. If the service member is being transferred to a new command, and the victim still believes that the MPO is necessary to keep him or her safe, the victim, a victim advocate, or a FAP staff member may ask the commander who issued the MPO to contact the new commander to advise him or her of the MPO and the circumstances within the family.
If an abusive service member violates the MPO, he or she can be disciplined under the Uniform Code of Military Justice. Depending on a number of factors, a violation of a MPO may result in non-judicial punishment, court-martial proceedings, or other disciplinary measures. |
What is Commanding Officer Domestic Violence Training?
The Commanding Officer Domestic Violence Training is a web-based training for commanding officers for the purpose of enhancing their ability to respond to domestic violence. The training is based on Department of Defense (DoD) policy related to domestic abuse. There are three training modules: Review of Family Violence; Commander’s Protocol; and a Case Study. After completing the course, the commander will receive a certificate of completion. |
|
|
|