In California, domestic violence is any type of abuse that is perpetrated against one’s intimate partner, child, parent, grandchild or grandparent. Intimate partners, within the GLBT community are civilly united, dating, living together, those who have children together and those who formerly shared one of these relationships. It therefore follows that any crime that is committed against one’s child (or a DV crime that is committed in the presence of one’s child) will be prosecuted as a domestic abuse crime in this state.

Although domestic abuse has largely been seen as a heterosexual problem, our society is becoming more aware that domestic violence occurs with as much frequency between same sex couples and within same sex households. Millions of children each year are at risk of being abused by their LGBT parents. About half of the men who abuse their partners also abuse their children. Lesbian, bisexual and transgender abused women are twice as likely to abuse their children as women who are not abused. In homes where intimate partner abuse occurs, children are sexually or physically abused and/or seriously neglected fifteen times more than in homes where it doesn’t exist.

Children who are exposed to domestic violence may exhibit a wide range of behavioral and emotional problems, depending on their age and gender, the individual child, whether or not they are actually involved in the abuse and how much abuse they witness. Many younger children can’t truly understand the abuse and tend to blame themselves for it. Self-blame in a young child will often manifest itself through concentration problems, stress, physical complaints, eating and sleeping problems and regressed behavior such as whining. Pre-adolescent children may also present these issues and will usually express themselves in more negative ways. Symptoms commonly seen within this age range include defiant behavior, threatening or violent behavior, withdrawal and low self-esteem. In addition to the previously described behaviors, teenagers may also exhibit substance abuse, delinquency and academic failure. Research suggests that witnessing or being personally involved in domestic violence may be the most substantial difference between children who are involved in criminal activity and those who aren’t.

Children may be abused by their parents or may perpetrate the abuse towards their parents. Under either scenario, criminal action will result. Not only does a DV offender face mandatory probation terms in addition to jail or prison time, but if a child is involved in the abuse - either directly or indirectly – custody issues will also be raised. An individual accused of domestic violence either towards his or her children or accused of committing intimate partner abuse in the presence of his or her children faces losing his or her family and freedom. If charged with child abuse as a misdemeanor, the defendant faces up to a year in jail, probation, a criminal protective order issued against the defendant to protect the child, and attendance for at least one year in a child abuser’s treatment program. If convicted of a felony, the defendant faces up to six years in prison in addition to the requirements listed above.

The consequences of a domestic violence conviction are severe enough when a child isn’t involved in the allegation. When a child is involved, the stakes are even greater. The GLBT supportive California domestic violence lawyers at the Kavinoky Law Firm maintain an excellent success record because they know what it takes to win. They understand the unique issues that their non-heterosexual clients may face with respect to having children in a home that is affected by same sex domestic violence and will do their best to ensure that their family does not get separated. The attorneys treat each client with compassion and respect and will provide parents with gay-friendly referrals for services and resources to help their children who have sadly been victimized. For legal advice about a child-related domestic abuse crime, contact them today for a free consultation.