What Happens If You Are in the Military and Arrested for Domestic Violence in San Diego?

Posted on: October 12th, 2026 by Dod Law

Military Domestic Violence Arrest in San Diego

If you are in the military and arrested for domestic violence in San Diego, you face two separate cases at once. One is a criminal prosecution in San Diego Superior Court. The other is administrative or disciplinary action by your command. A conviction can also trigger a federal firearm ban that can end a military career.  Learn more how Dod Law can help with a military domestic violence arrest in San Diego.

By Dod Ghassemkhani | An Award-Winning Criminal Defense Attorney

San Diego County is home to Naval Base San Diego, Naval Air Station North Island, MCAS Miramar and Marine Corps Base Camp Pendleton. Criminal defense attorney Dod Ghassemkhani has worked in the criminal justice system since 2004. The San Diego Criminal Defense Bar Association named him San Diego County’s 2023 Trial Lawyer of the Year. Working alongside Dod Law’s court-martial defense team, he has seen how one domestic call can put a service member’s freedom and career at risk on the same night.

Case One: The Civilian Criminal Charge

A domestic violence arrest off base is prosecuted by the San Diego County District Attorney, not the military. Common charges include:

• Penal Code 243(e)(1), domestic battery: a misdemeanor punishable by up to 1 year in county jail and a $2,000 fine.
• Penal Code 273.5, corporal injury to a spouse or cohabitant: a wobbler that can be filed as a felony carrying 2, 3 or 4 years in state prison.
• Penal Code 422, criminal threats: often added when words, texts or messages are involved.

The judge will almost always issue a criminal protective order at arraignment. A conviction usually brings probation and a 52-week batterer’s intervention program.

Service members have one option civilians don’t: military diversion under Penal Code 1001.80. If a service-related condition such as PTSD or traumatic brain injury may have contributed, the court can pause the case for treatment and dismiss it on completion. Dod Ghassemkhani evaluates every military client for diversion at the start of the case, because the request must be made before the case is resolved.

Case Two: What Your Command Can Do

Your command does not need a conviction to act. Commands often learn of an arrest through base police, NCIS or a self-report, which many branch regulations require. From there, several things can happen at once:

• Family Advocacy Program (FAP) review: an Incident Determination Committee decides whether the incident meets Department of Defense criteria for abuse.
• Military Protective Order (MPO): your commander can order no contact and move you into the barracks, separate from any civilian order.
• UCMJ Article 128b: domestic violence has been its own military offense since 2019. Because the state and federal governments are separate sovereigns, you can face both a civilian case and a court-martial.
• Administrative action: nonjudicial punishment, a negative evaluation, a lost security clearance or administrative separation.

What happens in civilian court often shapes what happens on base, which is why Dod Ghassemkhani coordinates the civilian defense with Dod Law’s court-martial attorneys from day one.

The Lautenberg Amendment: How a Misdemeanor Can End a Career

Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is barred from possessing firearms or ammunition. There is no exception for the military. A service member who cannot carry a weapon may not be able to deploy, qualify or stay in.

California adds its own penalties: a 10-year state firearm ban for a domestic battery conviction, and a lifetime ban for any felony.

The specific offense on a conviction matters as much as the sentence. Dod Ghassemkhani’s approach focuses on keeping a client clear of a Lautenberg-qualifying conviction, whether through dismissal, acquittal at trial, diversion, or a negotiated plea to an offense that does not trigger the federal ban. Learn more about gun rights after a domestic violence arrest.

What to Do If You’re Arrested | Military Domestic Violence Arrest

1. Stay silent. Do not explain your side to police, NCIS or your chain of command without an attorney. Statements made that night become evidence in both cases.
2. Obey every protective order, civilian and military, even if the alleged victim invites contact.
3. Stay off texts and social media about the incident.
4. Ask your attorney how to meet any self-reporting duty before you speak with your command.
5. Hire a civilian defense attorney immediately. Early action preserves 911 recordings, body-camera footage and witness statements.

Under Dod Ghassemkhani’s leadership, Dod Law has taken domestic violence cases to trial and won, including People v. T.B., a corporal injury to a spouse charge that ended in a not guilty verdict. (Prior results do not guarantee a similar outcome.)

Frequently Asked Questions | Military Domestic Violence Arrest in San Diego

Act Now!  Call Dod Law Before You Talk to Your Command

The decisions you make in the first days after an arrest affect both your criminal case and your military future. Dod Law is open 24/7, with offices in San Diego, Vista and Orange County. Call 619-814-5110 or contact us for a confidential consultation.  Serving San Diego and Southern California

Disclaimer: The information provided in this blog is intended for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Dod Law or Dod Ghassemkhani, Esq. Every criminal case is unique, and the laws, legal principles, and procedures discussed may not apply to your specific circumstances.

You should not act upon or rely on any information contained in this article without first consulting a qualified criminal defense attorney regarding your particular situation. If you have been arrested, are under investigation, or are facing criminal charges in San Diego County and Southern California, contact Dod Law to schedule a confidential consultation with Dod Ghassemkhani, Esq., and receive legal guidance tailored to your case.