Family Advocacy (FAP) Defense
Accused in a FAP Case? Immediate Legal Help Is Critical
If you’re an active duty service member accused in a Family Advocacy Program (FAP) case, the impact can be life-altering. Allegations such as domestic abuse, child abuse, or emotional abuse can lead to command action, administrative separation, and loss of benefits.
Even reports of child maltreatment, whether or not substantiated, can trigger significant consequences within your military community. These cases often become deeply personal, affecting everything from career prospects to your role as a parent or partner.
At The Military Defense Firm, we defend military service members facing investigations from the Family Advocacy Program. We know the inner workings of this Department of Defense (DoD) initiative and are skilled at challenging biased clinical assessments and safeguarding your career, family relationships, and future.
Our attorneys understand how these cases can affect your eligibility for transitional compensation, impact your relationship with family members, and complicate child care or custody matters.
Our Process
1. Representation During Investigation
We provide critical advice and representation during a criminal or command-driven investigation, ensuring your rights are protected and your side of the story is understood.
2. Independent Review
Then, we conduct an independent review of the facts in your case and the law that applies. We gather critical information in your defense.
3. Consultation with Command
We often find that, by consulting directly with your command, we are able to provide a unique take from a defense perspective. Sometimes, our perspective causes the command to drop the case.
4. Persuasive Response
If you ultimately receive paperwork, our team of experience military justice professionals works directly with you to draft and submit a persuasive response. This may include a legal memorandum, character letters, and other evidence we gather in your defense.
What Is the Family Advocacy Program (FAP)?
The Family Advocacy Program is a Department of Defense prevention program focused on addressing and reducing incidents of domestic violence, child abuse, and sexual abuse in military families. FAP provides services including case management, support services, victim advocacy, home visitation, and safety planning for military families and caregivers. The program is structured to ensure victim safety and foster healthy relationships among service members and their dependents.
FAP works in coordination with military law enforcement, behavioral health, medical treatment providers, and victim advocates. They receive referrals from the chain of command, healthcare providers, the crisis line, and even community members. Each referral initiates a formal process involving intake, clinical assessment, and case determination.
The program also offers a variety of education and outreach tools such as parent education, anger management classes, youth programs, and resiliency workshops. For new parents and expectant parents, FAP provides access to the New Parent Support Program (NPSP), which includes home visitation, parenting education, and tailored resources to help support abused dependents and caregivers.
How Does the FAP Investigation Process Work?
1. Referral and Initial Review
Reports of child abuse, domestic violence, or sexual assault can come from a variety of sources, including law enforcement, medical personnel, caregivers, or even a concerned neighbor. These referrals begin the formal FAP process.
2. Clinical Assessment and Case Management
FAP performs a detailed clinical assessment, compiling statements, reviewing medical treatment records, and analyzing behavioral health reports. Case management professionals determine if the case warrants further action under the FAP guidelines.
3. Case Determination Meeting
A multidisciplinary team (including representatives from IDC and MWR) examines all evidence and testimony to decide if the allegations should be substantiated. Even in the absence of criminal charges, a substantiated case can have long-term professional consequences.
4. Command Notification and Action
If the case is substantiated, command may initiate several actions:
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Issuing a letter of reprimand
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Filing a GOMOR in your record
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Initiating involuntary separation
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Removing you from leadership positions
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Revoking your security clearance
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Terminating your military benefits and promotional opportunities
5. Appeal Process
Service members can appeal substantiated findings. This process involves carefully preparing and submitting rebuttals, gathering supporting documentation, and working with an experienced military defense attorney to clear your name and preserve your record.
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Consequences of a Substantiated FAP Case
Substantiated FAP findings carry serious consequences:
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Administrative separation from the military
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Irreparable damage to your professional reputation
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Being passed over for promotions and leadership roles
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Restricted or lost access to your children and family members
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Complex legal complications in civilian courts, especially during divorce or custody disputes
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Forfeiture of transitional compensation and support resources
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Limited access to youth programs, MWR activities, and other community benefits
These negative outcomes can extend beyond your active duty service, affecting former spouses, intimate partners, and any abused dependents involved in the case.
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Know Your Rights in a FAP Investigation
Even though FAP cases are administrative, you still have rights, and it’s critical to understand and assert them:
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The right to remain silent and avoid self-incrimination
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The ability to request unrestricted reporting or explore confidential reporting options
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The right to consult with and be represented by a qualified military defense attorney
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The right to challenge both the evidence and clinical assessments used against you
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The opportunity to submit a written rebuttal and present counter-evidence
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Access to a victim advocate for guidance through the process
Be strategic. Statements made to law enforcement, a victim advocacy representative, or other officials can be used against you in administrative and command proceedings.
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Available FAP Services and Programs
The Family Advocacy Program does more than conduct investigations. It also offers a wide range of support services and educational resources designed to strengthen military families and reduce the risk of future incidents:
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New Parent Support Program (NPSP) for new parents and expectant parents
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Parenting classes and home visitation services
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Access to Military OneSource for confidential counseling
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Safety planning and assistance with protection orders
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Victim advocacy, including abuse victim advocate assistance
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Behavioral health support and anger management programs
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Workshops on healthy relationships and resiliency
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Child development and parent education programs
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Intervention resources for problematic sexual behavior in children and youth
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Referrals to the National Domestic Violence Hotline
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Coordination with MWR and other community response networks
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Why You Need a Military Defense Lawyer
Many service members believe FAP investigations are informal or unlikely to lead to severe outcomes. This is a dangerous misconception. One substantiated case can permanently derail your military service, affect your ability to remain in uniform, and compromise your access to your children or loved ones.
Our seasoned military defense attorneys:
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Conduct a full review of the evidence and investigative procedures
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Identify flaws in clinical assessments and witness statements
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Prepare compelling written rebuttals and supporting evidence
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Represent you in all command proceedings and separation hearings
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Fight to preserve your benefits, promotions, and family access
We understand the internal protocols of the Family Advocacy Program and know how to effectively push back against unfair treatment.
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Act Now to Defend Your Career, Family, and Future
Time is not on your side when a FAP case is initiated. Every interaction, every delay, and every signed document can affect the outcome of your case. The sooner you act, the better your chances of protecting your career and maintaining access to your family.
If you’re facing allegations through the Family Advocacy Program—whether from a spouse, former spouse, intimate partner, or caregiver—you need immediate legal support. Don’t face this alone.
Contact The Military Defense Firm now for a free, confidential consultation with a proven military defense attorney. Let us help you protect everything you’ve worked for.