In my previous work, I used to visit a lot of family courts for restraining order calendars. During a memorable court appearance, the woman seeking a restraining order asked the judge if she could use her phone to play videos the other party posted on his public Instagram. The judge allowed it and eventually hit play. A lengthy diatribe and threatening language to the judge, court, and judicial process filled the air, prompting the bailiff, a retired Marine, to move behind the respondent just in case. As I stared at the back of that man’s head, I wondered what would motivate him to commit a threat to video and then to upload it to Al Gore’s internet for anyone to see. The takeaway is almost certainly, “don’t commit something to video you wouldn’t want played in court.” That is perhaps doubly true in the contentious downfall of a relationship. Unfortunately for Lieutenant Colonel Ellis, this advisement is coming a bit late.
For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.
I relied on the ACCA opinion and briefing as well as the opinion from CAAF.
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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.
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