Stuart Jay Smythe Family Advocacy Program Manager Army Community Service Phone: [phone] EMAIL: Stuar

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Stuart (Jay) SmytheFamily Advocacy
ProgramManagerArmy Community ServicePhone
624-4528EMAIL Stuart.Smythe_at_knox.army.mil
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Family Advocacy Program(FAP) Goals of Program

• Prevent Domestic Violence
• Provide Treatment
• Advice to Commanders

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Domestic Violence Results in Adverse Impacton
Readiness
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CHAIN OF COMMANDRESPONSIBILITIES

• Inform Soldiers of Rights and
  Responsibilities
• Encourage/Allow Soldier to Complete Program

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Army Family Advocacy Program Provides

• Education
• Treatment
• Victim Counseling
• Foster Care Services

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Thunderbolt Six Policy Memo No. 38-27 - Family
Violence Protection, dated 10 Dec 2001

TELLS YOU WHAT YOU MUST DO
(Located on Fort Knox Home Page)
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Stuart (Jay) SmytheFamily Advocacy
ProgramManagerArmy Community ServicePhone
624-4528EMAIL Stuart.Smythe_at_knox.army.mil
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Mary WilliamsVictim Advocate Coordinator Family
Advocacy ProgramArmy Community ServiceDuty
Hours 624-6291/8391After Duty Hours Call MP
Desk SGT at 624-2111 and ask for On-Call Victim
AdvocateEMAIL Mary.Williams_at_knox.army.mil
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Emergency Protective Order (EPO)
A temporary court order that provides protection
from an abuser once it is served until a
scheduled court hearing.
Court hearing is normally held within 14 days.
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Emergency Protective Order (EPO)

• An EPO can order
• No Contact - Stops the abuser from making any
  contact, to include phone calls, letters,
  messages, etc.
• No Violent Contact - Stops the abuser from
  physical abuse or threats.
• No Property Damage - Stops abuser from selling or
  destroying any family property.
• Custody- Temporary child custody.
• Other Assistance to Stop Abuse - Specific
  instructions other than listed above.

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Emergency Protective Order (EPO)

• COMMANDERS RESPONSIBILITIES
• Refer to Thunderbolt Six Policy Memo No. 38-27
• Reinforce the EPO by issuing Lawful Order
• Ensure Soldier Appears at Court Hearing
• CALL TRIAL COUNSEL

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DOMESTIC VIOLENCE ORDER (DVO)

• At the hearing, if the judge believes abuse
  occurred and may occur again, a long term
  protective order (DVO) can be issued.
• The judge determines how long the DVO will be
  in effect.
• DVO can be issued for up to three years.

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Domestic Violence Order(DVO)
COMMANDERS RESPONSIBILITIES

• Reinforce the DVO with Lawful Order
• CALL TRIAL COUNSEL

Additional information available at www.kdva.org
under Kentucky Domestic Violence Resource Guide
to the Court System
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Mary WilliamsVictim Advocate Coordinator Family
Advocacy ProgramArmy Community Service Duty
Hours 624-6291/8391After Duty Hours Call MP
Desk SGT at 624-2111 and ask for On-Call Victim
Advocate EMAIL Mary.Williams_at_knox.army.mil
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Cheryl BenitezVictim Witness Liaison Officer
Criminal Law DivisionOffice of the Staff Judge
AdvocatePhone 624-1852/3544Fax
624-5550EMAIL Cheryl.Benitez_at_knox.army.mil
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Transitional Compensation For Abused
Dependents
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Transitional Compensationfor Abused Dependents

• Provides monthly payments and other benefits to
  family members of soldiers separated for domestic
  abuse.

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Transitional Compensation

• Family members of soldiers who have been on
  active duty for more than 30 days and who are
• Separated from active duty under a
  court- martial sentence resulting from domestic
  abuse offense or
• Sentenced to forfeiture of all pay and
  allowances at court-martial or
• Administratively separated from active duty for
  reasons that include a domestic abuse offense.
• CALL YOUR TRIAL COUNSEL

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PAYMENTS

• Currently 935 for a spouse and 234 for each
  child at home living with spouse.
• Payment to child(ren) when in custody of legal
  guardian not spouse
• One Child 397
• Two Children 571
• Three Children 742
• Over three children 742 plus 143 for each
  additional child.
• Minimum Payments - 12 months
• Maximum Payments - 36 months

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OTHER BENEFITS

• ID Cards
• Commissary and Exchange Benefits
• Medical and Dental Care
• (Dental care through military facilities and
  medical care, including mental health
  services, as TRICARE beneficiaries.)

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Termination of Payment/Benefits

• Remarriage
• Cohabitation with Abuser
• Annual Certification Required by Victim

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Trial Counsel/Legal Advisor Criminal Law
DivisionOffice of the Staff Judge
Advocate624-3544/1852/2853
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Cheryl BenitezVictim Witness Liaison Officer
Criminal Law DivisionOffice of the Staff Judge
AdvocatePhone 624-1852/3544Fax
624-5550EMAIL Cheryl.Benitez_at_knox.army.mil
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James DavidsonAdjutant General Phone
624-2133Fax [phone]EMAIL
James.Davidson_at_knox.army.mil
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Lautenberg Amendment

• 1996 Amendment to the Gun Control Act of 1968
• Prohibits a person convicted of a crime of
  domestic violence from possessing firearms or
  ammunition.
• Prohibits a soldier from qualifying with a
  firearm or performing duties requiring a
  firearm.
• DOD Policy - Soldier is not prohibited from
  firing crew-served weapons such as missiles,
  tanks, or artillery.

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Elements of a Qualifying Domestic Violence
Conviction
1. Conviction (excludes arrests, EPOs, DVOs,
dismissals/ acquittals, alternate
dispositions). 2. Misdemeanor Conviction
(excludes LORs, Article 15s, Summary
Courts-Martial). 3. Conviction for the use or
attempted use of physical force or the
threatened use of a deadly weapon. 4. At the
time of the offense, the person convicted was -
a current or former spouse, parent, or guardian
of the victim, - a person with whom the
victim shared a child in common, - a
person who was cohabitating with or has
cohabited with the victim as a spouse, parent, or
guardian, or - a person
similarly situated to a spouse, parent, or
guardian of the victim.
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Lautenberg Amendment Reporting Requirements

• Commander submits memo to AG requesting Code
  L9 entry into SIDPERS.
• AG coordinates with OSJA to verify soldier has
  a qualifying conviction.
• AG makes SIDPERS entry.
• Soldier cannot be assigned to units that
  require the possession, handling, or use of
  firearms or ammunition.
• Soldier cannot be assigned or deployed
  overseas.

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Lautenberg Amendment Violations
A FELONY for a person with a qualifying
conviction to possess, handle, or use firearms
or ammunition. A FELONY for a person to transfer
firearms or ammunition to a person knowing or
having reasonable cause to believe that person
has a qualifying conviction.