California was one of the first states to recognize domestic violence that occurs in same-sex couples. The state has developed a harsh set of intimate partner abuse laws and homosexual couples are protected. Same-sex violence occurs when one intimate partner within a homosexual relationship commits physical, emotional or financial abuse against the other partner. The abuse is often used as a way of gaining control over that person. California defines intimate partners as people who are dating, cohabitating, married, divorced, separated or who have children together. Statistics show that domestic abuse occurs as frequently in same-sex relationships as it does in heterosexual relationships.

Domestic violence crimes are usually wobbers, meaning they can be classified as misdemeanors or felonies depending on the severity of the abuse and circumstances surrounding the incident. Penalties range from hefty fines to imprisonment, in addition to other consequences including counseling, child custody issues, and registration as a sex offender.

The following are commonly filed as crimes of domestic violence in California against both same-sex partners and heterosexual partners:

Infliction of injury is a felony that may be charged against a person who purposefully inflicts a physical injury upon an intimate partner.

Battery is typically classified as a misdemeanor and can be filed against an individual who touches his or her intimate partner as long as the touching was unwanted. The charge will be filed as a felony if the partner suffered a serious injury as a result of the contact.

Sexual battery will be filed as a misdemeanor when an individual touches his or her intimate partner against that partner’s will for purposes of sexual abuse, gratification or arousal. The crime will rise to a felony if the intimate partner was unconscious, drugged, disabled, institutionalized or unlawfully restrained at the time of the touching.

When a person intentionally violates a protective order naming his or her intimate partner as the protected party, the offender faces a misdemeanor conviction. If he or she has a prior conviction for the same offense, the crime will rise to felony status.

If an individual prevents, dissuades or attempts to prevent or dissuade an intimate partner from initiating a criminal complaint or from taking part in any type of legal proceeding, that person may be charged with witness intimidation.

Making a criminal threat is a crime that may be charged if an individual threatens to commit a crime against an intimate partner that would have resulted in substantial injury or death to that partner if committed. The partner must have has a reasonable fear for his or her safety as a result of the threat.

If one intimate partner follows or harasses and threatens his or her intimate partner, intending to place that partner in fear, he or she may be charged with stalking as either a misdemeanor or a felony. If the offender has a prior conviction for stalking, the crime will rise to felony status.

A person facing a same-sex intimate partner abuse charge should hire a criminal defense lawyer who is familiar with California domestic violence law and has experience dealing with gay and lesbian issues. Attorneys at the Kavinoky Law Firm have helped hundreds of clients, including same-couples, who were dealing with intimate partner abuse issues. Contact The Kavinoky Firm today and speak with knowledgeable lawyer who can help with any aspect of domestic violence law.