Domestic violence, in California, takes place when an individual commits a crime against his or her intimate partner, parent or child. Same sex intimate partners have children together, live together, are dating, are civilly united or were formerly involved in one of these relationships. Domestic abuse occurs when an individual tries to control his or her intimate partner or another family member through intimidation, threats and/or physical violence and affects families from all religious, ethnic, economic and social backgrounds. The most commonly reported type of domestic abuse is physical abuse.

Physical abuse in a D.V. situation occurs when an individual intentionally uses force or violence upon an intimate partner or other family member, attempting to cause injury, harm or pain. Some of the most common types of physical abuse include assault with a weapon, punching, hitting or slapping, kicking, tripping, shaking, pinching, biting, choking, restraining, hair pulling and sexual abuse.

Sexual abuse is a type of physical abuse that is most frequently perpetrated against one’s intimate partner, but it can also be perpetrated against one’s child, which will result in a child abuse charge. Domestic violence statistics report that people who are physically abusive are often sexually violent as well. Adult sexual abuse can be sexual exploitation, sexual harassment or sexual assault. Sexual exploitation takes place when an individual forces his or her intimate partner to participate in pornographic filmmaking or forces that partner to look at pornographic materials or other sexual materials that make the partner uncomfortable. Sexual harassment occurs when one makes unwanted sexual advances towards his or her partner to gain power over that individual. Sexual assault takes place when an individual forces his or her intimate partner to participate in any type of unwanted, unsafe or degrading sexual activity, whether intercourse is involved or not. Child sexual abuse occurs when an activity is done with a child for the purpose of sexual gratification. It includes, but is not limited to, exposing a child to pornography, asking a child to expose his or her sexual organs, sexual touching and intercourse.

Physical abuse, in any form, has detrimental effects on abused adults and even more devastating effects on children. Persons affected by domestic violence are often depressed, fearful and anxious. Victims often feel angry, isolated and abandoned. As a result, many completely withdraw from others, begin abusing drugs and/or alcohol, turn violent themselves and/or exhibit other types of destructive behavior. Most victims, despite the abuse, remain with their abusive intimate partners, because following an abusive incident, the abusive partner is very apologetic and loving (which is known as the honeymoon phase in the “cycle of abuse”) or because the victim feels hopeless and may suffer from a psychological condition known as battered person’s syndrome.

Physical abuse, when perpetrated against one’s intimate partner or other family member, will be prosecuted in California as a crime of domestic violence which has serious consequences in addition to whatever crime was actually committed. For example, a battery charge carries certain penalties, but if charged as a crime of intimate partner abuse, it will have additional penalties, specific to domestic violence crimes, as well. The GLBT supportive attorneys at the Kavinoky Law Firm specialize in same sex domestic violence cases and have law offices located in Los Angeles and throughout the state, enabling them to provide their exceptional legal advice and representation to anyone in need of a gay-friendly California domestic violence lawyer. They understand how to successfully defend their gay, lesbian, bisexual and transgender clientele in a society that is often fearful and intolerant of anyone they consider to be “different” and will guide such an individual through the criminal process with compassion and respect. They participate in on-going education and training seminars on intimate partner violence, which gives them a deep understanding of the issues and defenses that are frequently raised and used in these special types of cases. Contact them today for a free consultation and for the best representation.