Domestic Violence For LGBT
A relationship can take you and your partner on an array of emotions – blissful first experiences, memorable life achievements, stress about life decisions, and the occasional or sometimes very frequent fights. Relationships with disagreements are normal, but there comes a point where a line has been crossed and domestic violence can occur. It may be hard for you to come to terms with, but understanding your legal rights is important. As an LGBT member, domestic violence is usually painted in the hetero-normative standard of occurring between a man and woman. But, when you’re a man dating a man, or a woman dating a woman, some may think disputes can be just brushed under the rug because it’s what happens when two men brawl or two women are caught up in a “cat fight”. However, this could not be further from the truth. You may find support from friends and family, but when it comes to legal disputes, hiring a lawyer to counsel or litigate you on your behalf can help save you from an abusive relationship and give you the legal help you need, whether it be a restraining order, protecting you and your child, or representation in receiving compensation for your injuries. At ADLI Law Group, we offer a wide variety of legal services for those experiences family law issues dealing with domestic violence, and our here to fight for your legal rights in these manners.
Defining Domestic Violence
Domestic violence occurs when an intimate partner from a relationship abuses physically, sexually, behaviorally, or threatening for future harm. These laws apply to heterosexual and homosexual relationships. In the state of California, abuse is defined as any of the four situations listed above, but is important to note that physical abuse can occur from not just hitting, but various other means of abuse. Furthermore, abuse can also be spoken, derived from emotions or even psychological; if it is to the point that you fear your own safety or are being talked to in a demeaning manner that you are a harm to yourself, you may be a victim of domestic abuse. California State Law Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant makes it a legal violation to hit your intimate partner in manner that is violent and results in a physical, visible injury. An intimate partner in this case can be defined as someone who is the offender’s present or former spouse, a cohabitant or former cohabitant, fiancé or someone whom offender has had, or currently has an intimate relationship with, or the mother or father of the domestic abuser’s child. In the situation of the LGBT community, this law can apply if your partner throws you down the stairs, resulting in a broken bone and seriously damaged morale. Furthermore Penal Code 243(e)(1) pc Domestic Battery can be violated in the case of the infliction of violent force, but this is not a charge where physical injury needs to be proven.
LGBT Domestic Violence Statistics
Same-sex relationships are equally as vulnerable to domestic violence as hetero couples. The National Violence Against Women found in survey results that 21.5 percent of men and 55.4 percent of women have experienced domestic abuse from their partners while cohabiting, or sharing the same home. California law recognizes that LGBT members can both be offenders and victims, and hold prosecution and public resources to combat these issues.
Non-violent domestic abuse
There are a variety of other forms of abuse, such as damaging a phone line to ensure that the victim didn’t call to report the case. Revenge porn is also a form of harassment that is relatively charged under domestic abuse. Furthermore, the usage of the internet to post harmful information about an intimate partner, with the intent to create harassment for the victim, is another form of domestic abuse.
Don’t Sit Silent
Deciding whether or not to get legal help against your intimate partner is a very tough decision. However, if you feel as if the abuse will not stop, it is important to get legal help. At ADLI Law Group, we can help you get restraining orders or dispute in the court of law over the effects that can be derived from domestic violence. Contact us today, or visit our website to learn more.