Legal Question in Military Law in New York

Re: Domestic abuse on base.

The military has no criminal jurisdiction. Any prosecution would be handled by the U.S. Magistrate if on base, or the local courts if off base.

Family Advocacy may have an open case in which they are deciding whether or not to substantiate a case for either of you. Perhaps that's what he means, although that would be incorrect terminology.

Re: Domestic abuse on base.

The military has jurisdiction over the soldier, and the civilian prosecutors have jurisdiction in federal court over the civilians. The prosecutions would be separate with the soldier being prosecuted under the Summary or General Court Martial authority. The federal prosecutor's office (United States Attorney) would receive the complaint on the civilian and would detemrine whether to prosecute. That prosecution would be in United States District Court in the district where the assualt (if any) took place. The full range of rights extended to any criminal prosecution would extend to protect the rights of the accused.