California’s domestic violence laws apply to disputes between intimate partners. With respect to same sex partners, these partners may be dating or formerly dating, living together or formerly living together, civilly united or formerly civilly united or may have children together.

Intimate partner abuse statistics reveal that many times, there is not one true victim and one true offender in an abusive relationship, but that frequently both partners abuse each other. These statistics apply to both heterosexual couples and LGBT partnerships.

When the police respond to a domestic abuse call, the person who called will usually be labeled the “victim” and the partner will be labeled the “abuser.” In most instances, the police rely on that assumption and then arrest the abuser. Yet, as previously stated, there are times when the abuser has also been a victim of abuse and therefore requires sympathy and compassion as a victim. However, when same sex couples are involved in domestic disputes, the police frequently don’t know what to do or how to handle the situation. They make not take the claims as seriously as they would if the people involved were heterosexual and/or based on their own discomfort, may not know how to provide the same level of service to a gay or lesbian individual as they would to a heterosexual - and this is regardless of whether the abuser has also been abused. Therefore, it is especially critical for a gay or lesbian arrested “abuser” who has also been abused to hire a criminal defense lawyer who will not only convey that to the judge and/or jury but who will make sure that they believe it as well. The GBLT friendly attorneys at the Kavinoky Law Firm will do just that.

The experienced attorney will work closely with a private investigator to gather evidence that supports the alleged “abuser’s” side of the story and reveals that he or she, too, has been victimized by his or her intimate partner. Evidence includes witness statements from those who know the partners, medical or police reports, dated photographs of any injuries that the defendant sustained, household objects that were broken by the partner, calls made to 911, and certified copies of the defendant’s partner’s criminal record. After this evidence is collected, the lawyer devises the most effective strategy to not only defend his or her client’s actions during the incident, but to highlight the fact that he or she was also a victim of the abuse and of the criminal justice system.

A member of the gay, lesbian, bisexual and transgender community faces a greater struggle in an intimate partner violence situation than would a “straight” person in his or her shoes. Homophobic ignorance and indifference towards this community is widespread within our legal system and, as a result, an individual who seeks help may find that there are not a lot of supportive places for him or her to turn for legal guidance. The attorneys at the Kavinoky Law Firm welcome all clients, regardless of their sexual identity and are dedicated to protecting their client’s no matter who they are. They understand that LGBT individuals are frequently treated differently under our justice system and will do everything in their power to defend an individual’s rights and ensure that he or she is treated fairly and respectfully.

Additionally, if the defendant is in fear for his or her own safety, an experienced attorney can help that individual obtain an appropriate restraining order. A criminal lawyer will also explain to his or her client that if the partner violates the order, that partner will also face criminal charges. There is no reason why anyone needs to live in fear.

The well-qualified attorneys from the Kavinoky Law Firm are familiar with every aspect of a California domestic violence case and have successfully helped guide countless defendants through the criminal court process with compassion and respect. Contact them for a free consultation.