Leaders Guide - Domestic Abuse - General Information

Marines respect themselves and others. Acts of domestic abuse, especially acts of domestic violence that violate punitive articles under the Uniform Code of Military Justice (UCMJ) and are criminal offenses under federal or state law, are unacceptable behavior and will not be tolerated in the military community. The fewer Marines involved in domestic abuse, the less time all levels of the chain of command have to spend on investigations, measures to protect victims, and rehabilitation programs for offenders. Thus, the USMC policy is to prevent and eliminate domestic abuse from the Marine Corps. Domestic abuse affects the entire family, is preventable, and is often treatable if addressed promptly and comprehensively. When responding to domestic abuse incidents, USMC operates as a coordinated community response that recognizes the importance of bringing together all the critical responders to provide safety to victims, hold abusers accountable for their behavior and coordinate activities with civilian agencies and organizations whenever appropriate and possible.

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 of the opposite sex who is:
1. a current or former spouse;
2. a person with whom the abuser shares a child in common; or
3. 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 of the opposite sex, or a violation of a lawful order issued for the protection of a person of the opposite sex, who is:

a current or former spouse;
a person with whom the abuser shares a child in common; or
a current or former intimate partner with whom the abuser shares or has shared a common domicile.

Although certain risk factors may make a person more likely to commit abuse or be a victim of abuse, risk factors alone do not cause domestic abuse. Many experts believe that domestic abuse is a learned behavior reinforced by society or culture. Many Marines and their family members who experience risk factors cope well and are not abusive to their spouses or children. Risk factors that are commonly associated with domestic abuse are:

Case Review Committee (CRC):

A multidisciplinary team of designated individuals working at the installation level, tasked with the evaluation and determination of abuse and/or neglect cases and the development and coordination of treatment and disposition recommendations.

Chaplain:

Provides spiritual guidance, personal counseling, and life issues counseling in a confidential setting. Chaplains are protected by the Uniform Code of Military Justice, which ensures confidentiality. Under military law, chaplains must keep conversations confidential when service members seek their spiritual guidance, either as a formal act of religion or a matter of conscience. Chaplains do not have to keep conversations confidential when a service member speaks with them for reasons other than spiritual guidance. When it is in the best interest of the person involved, the chaplain is expected to assist the individual in identifying the appropriate means of self-disclosure without violating the individuals trust. For additional information of the Chaplains confidentiality guidelines, contact the base legal office or the installation chaplain's office.

Civilian Law Enforcement:

Given many Marines and their families live off installations and in the civilian community, commanders may be relying on local law enforcement to report and investigate allegations of domestic violence involving Marines. Local civilian law enforcement refers to the agencies in the county in which the service member resides. Many civilian law enforcement agencies have investigators who have received specialized training in domestic violence and can be important resources for commanders. Lastly, installations are now required to pursue formal MOUs with local civilian law enforcement in accordance with USD Policy Memorandum dated 29 Jan 04 on Establishing Domestic Violence Memoranda of Understanding Between Military and Local Civilian Officials.

Coordinated Community Response:

An interdisciplinary and multi-agency response to ensure victim safety. This requires a consistent and immediate response from individual community members such as other family members, neighbors, teachers, military and civilian doctors, child care providers, and all witnesses to report abuse; the military and civilian police to arrest or apprehend the primary aggressor and ensure incident reports are forwarded to the FAPO, civilian prosecutors to institute criminal charges, military judge advocates to advise the Command; and Command leadership to convene courts-martial, where appropriate, to prevent further abuse and protect victims and other family members from additional abuse. All community members must treat child and domestic violence as UNACCEPTABLE behavior. The military community is responsible for holding the offenders of abuse accountable for their behavior within the military community to ensure no recidivism or recurrence.

Domestic Violence Resources:

Community domestic violence resources can be located through civilian law enforcement agencies, the National Domestic Violence Hotline (1-800-799-SAFE(7233)), and Military OneSource. Community resources often include legal aid, emergency shelter for victims and their children, and victim advocacy.

Family Advocacy Program (FAP):

DoD mandated program designed to address the prevention and treatment of domestic violence and child abuse, and to provide direct services that may include crisis intervention and safety planning, counseling and rehabilitation, risk assessment, and training in the field of domestic violence and child abuse. The program is designed to prevent abuse and/or to intervene in families where there is substantiated or suspected abuse, to protect and provide safety for victims, to hold offenders accountable, and to promote healthy family life. The program includes prevention and education services, clinical counseling, case management, and victim advocacy.

Family Advocacy Program Manager:

An individual designated by the Secretary of the Military Department to manage, monitor, and coordinate the Family Advocacy Program at the headquarters level.

Family Advocacy Program Officer (FAPO):

A designated officer who manages, monitors, and provides staff supervision of the Family Advocacy Program at the local level.

Family Advocacy Program Referral:

DoD policy requires everyone to report all suspected cases of child abuse and domestic abuse to FAP. Through public education materials and trainings, FAP teaches the military community how to recognize domestic abuse and child abuse and where to report suspected cases. When FAP receives a report of suspected child or domestic abuse, FAP arranges to meet with the active duty member and the victim(s) separately to conduct thorough clinical assessments. FAP also ensures that the appropriate law enforcement agency (and/or child protective services agency) is notified of abuse reports. Multidisciplinary teams (usually known as the Case Review Committee (CRC) come together to review the facts of every case to determine whether abuse has occurred and to develop treatment recommendations for command.

Marine Corps Community Services (MCCS):

Enhances unit and family readiness by delivering programs such as Marine Corps Family Team Building (MCFTB), Military One Source Information and Referral Service, Counseling Services and New Parent Support. The programs are designed specifically for Marines and families to increase their awareness of relevant readiness issues, while offering creative ideas to build a healthy family. Through proactive education, training, coordination of support services, materials and tools, MCCS promotes personal and family readiness that can be applied in everyday situations. Military One Source is also able to coordinate counseling services for Marines and families in need of counseling support to help cope with deployment related issues, reunion concerns, parenting, childcare and other everyday issues. Marines and family members are allowed six face-to-face counseling sessions per incident with a civilian mental health practitioner for free. A Marine or family member will call a One Source consultant who will determine if there are on base resources readily available to assist the caller. If on base resources are not available, the One Source consultant will provide the caller an immediate referral to counseling assistance, and using their nationwide network of providers, will find a licensed mental health practitioner near the caller. Utilizing Military One Source is ideal for Marines and Marine Reservists (and families) needing counseling services but who are not located near an installation. Marine and Family Services (MFS) counseling is available to those units and families in need of counseling support in the areas of combat stress, stress reduction, anger management, new parent support, and couples counseling.

Medical Attention:

Many victims of domestic violence are reluctant to seek medical care but should be strongly advised to do so in order to create documentation of abuse and to preserve evidence should she/he decide to seek a protective order or to press charges. A victim advocate can accompany and support the victim during medical exams.

Medical Treatment Facility (MTF):

A military hospital or outpatient clinic where licensed health practitioners provide diagnostic, medical, and surgical services to eligible personnel.

Military OneSource:

The services of Military OneSource supplement the existing support system for Marines and their families by providing assistance 24 hours a day, 7 days a week via toll free telephone and Internet access. In addition, Military OneSource supports geographically dispersed Marines and their families (recruiters, Inspector and Instructor staffs, and mobilized reservists) who do not have traditional services available. Resources are available on topics to include parenting and childcare issues, education services, financial information and counseling, legal, elder care, health and wellness, crisis support and relocation. Marines or family members seeking assistance can call 800-342-9647. Military OneSource Online can be visited at www.militaryonesource.com.

Military Protective Order (MPO):

A non-punitive order imposing conditions upon a service member to maintain the safety and protection of another person. An MPO does not preclude disciplinary action under the Uniform Code of Military Justice nor does it preclude the issuance of a civilian protection order.
https://www.manpower.usmc.mil/portal/page/portal/M_RA_HOME/MF/G_Behavioral%20Health/A_Family%20Advocacy

Military Treatment Facility:

A military hospital or outpatient clinic where licensed health practitioners provide diagnostic, medical, and surgical services to eligible personnel.

Naval Criminal Investigative Service (NCIS):

In a dangerous and complex world, threats against America and its military forces continue to proliferate and evolve. Standing between these threats and the people, families, and assets of the Navy and Marine Corps is a unique, highly-trained, and effective team of special agents, investigators, forensic experts, security specialists, analysts, and support personnel: NCIS, the Naval Criminal Investigative Service. NCIS is the primary law enforcement and counterintelligence arm of the United States Department of the Navy. It works closely with other local, state, federal, and foreign agencies to counter and investigate the most serious crimes: terrorism, espionage, computer intrusion, homicide, rape, child abuse, arson, procurement fraud, and more. NCIS is the Navy's primary source of security for the men, women, ships, planes, and resources of America's seagoing expeditionary forces worldwide

Prevention Programs and Classes:

A full description of prevention programs and classes can be obtained from the installation Marine and Family Services. Many installations have classes on personal financial management, couple's communication, stress management, anger management, parenting, and other life skill topics. Additionally, Military OneSource is another important resource to identify community resources and programs.

Safety:

Assessing risk and establishing a safety plan for all parties involved in a domestic violence or child abuse incident is extremely important. Depending on the nature of the referral, separating a couple for a cooling off period until a more complete assessment can be accomplished is often a good idea. Remembering to assess the safety of any other family members especially children is critical in developing a comprehensive safety plan.

Safety Plan:

In child maltreatment incidents, establishing a plan to ensure the child's safety is critical. Ideally, the creation of a safety plan should include input from Family Advocacy Program, Child Protective Services (CPS), and law enforcement. Options may include removing the alleged offender from the home if active duty, developing a plan for monitoring and intervention through FAP or NPSP, placing the child in temporary foster care, or issuing a Child Removal Order. A Family Advocacy Victim Advocate can assist the non-offending parent in developing a safety plan that meets her/his needs. When a victim advocate is not available or the parent refuses the services of a victim advocate, the commander is responsible for ensuring that risk has been assessed and a plan for safety exists.

Status Determination:

Clinical Status is the finding of the Case Review Committee (CRC) at the time the case is assessed. Determinations can be:

Substantiated - Preponderance of the information indicates that the act of maltreatment occurred.
Suspected - There is a belief abuse/neglect might have occurred but sufficient information is not available at the time of the CRC meeting to substantiate.
Unsubstantiated - There are two types:
- The act did not occur. Preponderance of information indicates no abuse/neglect occurred.
- Unable to resolve. After all information was made available, it remained unclear whether abuse occurred.

Substantiated:

See Status Determination

Tip of the Iceberg:

Domestic violence and child abuse, by their very nature, often occur within the confines of a family home and may go unnoticed or unreported until an incident reaches a heightened severity level that prompts a call to law enforcement. Additionally, a victim might fear that disclosure will result in escalating violence or will not be believed or taken seriously. Offenders often minimize and deny their abusive behavior. AD members involved in abuse, either as the victim or offender, often worry that a disclosure will result in disciplinary action or other negative career impact. As a result of these factors, the referral that brought the family into Family Advocacy is often occurring within a history and pattern of abuse. When making an assessment of a particular incident, exploring history and pattern is extremely important in creating a viable safety plan.

Transitional Compensation Program:

A congressionally authorized program to provide 12-36 months of financial compensation to families of service members discharged from the service due to domestic violence or child abuse. MARADMIN 120-03 provides guidance on eligibility requirements, application procedures, and benefits.

Treatment Recommendations:

The Case Review Committee (CRC) makes clinical recommendations for treatment, not recommendations for administrative or disciplinary action. The commander retains authority to take appropriate administrative or disciplinary action in addition to or in lieu of ordering the abuser to treatment. Commanders should NOT order a service member who was the victim into FAP treatment. The CRC process is standardized to ensure consistent and thorough assessments pertaining to the report have been conducted, and that all relevant information is available that is necessary to make a solid clinical determination and, if the report is substantiated, to make recommendations for treatment.

USD Policy Memo:

Under Secretary of Defense Policy Memoranda or Directive Type Memoranda (DTM) provides interim guidance on official policy changes within DoD. DTMs are followed by the publication of DOD Instructions and service specific guidance. DTMs specific to FAP are located on the MCCS Web page.

Victim Advocate:

The victim advocates in the Marine Corps Family Services, Family Advocacy Program, provide information, guidance and support to victims of domestic violence and sexual assault. Advocates are available 24 hours a day, 365 days a year to provide crisis intervention, safety planning, referrals to, and liaison with civilian resources, and support during medical exams and court proceedings. Victims are not required to use military victim advocates and may use victim advocates from civilian resources.