Rules for Processing with Domestic Violence Offense

If you are considering enlistment in the Navy, and you have questionable conduct in your past that includes a charge of domestic violence - this post may answer a few of your questions.

First, Domestic Violence is incompatible with military service and contrary to the Navy's core values. If you have been convicted of a felony or misdemeanor crime of domestic violence, you are ineligible for enlistment; however, there are exceptions to the rule, so keep reading...

Waivers for domestic violence convictions (misdemeanor or felony) are not authorized unless you have the conviction expunged.

The term conviction means a judgment of guilty was entered against you in court. Unlike usual waiver criteria, adjudication in the juvenile system, pre-trial diversions, or cases resulting in deferred judgments do not count as convictions for the purpose of this law.

If you have a conviction for domestic violence, as defined in Title 18 U.S. Code Sections 921 and 922 as discussed below, you are ineligible for all military service - not just the Navy.

Domestic violence (DV) offenses may also include, but are not limited to, assault, assault and battery, and disorderly conduct convictions in which you and victim meet the conditions of the domestic violence rule. The domestic violence rule must be applied regardless of whether or not you were charged specifically with domestic violence.

The DV Rule: The crime of domestic violence means any crime which includes the attempt or use of physical force or the threat of use of a deadly weapon, where you (the perpetrator) are the:

  1. current or former spouse, parent or guardian of the victim; or
  2. you and victim are parents of a child; or
  3. you cohabitated with the victim as a spouse, parent or guardian; or
  4. you were serving in a role similar to spouse, parent or guardian of the victim.

This rule does not apply to deferred prosecutions, pretrial diversions, or similar alternative dispositions in a domestic violence case. These are not considered convictions for purposes of this rule, but will otherwise require waiver processing. Deferred prosecutions are not the same as deferred or suspended sentences, which are the result of a conviction.

All questionable cases will be forwarded to Navy Recruiting Command's legal department by recruiting personnel.

Foundation for the military's rules for domestic violence offenses are based in law; specifically, the Lautenberg Amendment to the Federal Gun Control Act of 1968.

If you have any questions after reading the article, either contact your local recruiter, or you can ask me directly.

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