Can a Partner in a Same-Sex Relationship Commit Domestic Violence?
_Many states include persons who are or were cohabitating within the
meaning of domestic violence. Most states do not specifically refer to
same-sex relationships in domestic violence statutes; in fact, a few
states exclude same-gender couples. However, even though the law may be
silent as to same-sex relationships, the courts tend to consider such
relationships under the broad umbrella of “cohabitation.” Generally, the
court determines whether two people are living with each other, as
required by statute, on a case-by-case basis. The court may consider
factors when making this determination, such as if there is a
co-mingling of finances or joint ownership of property, how long the
couple has had a relationship, if the couple has a conjugal relationship
while living together and how the couple holds themselves out to the
public (married, significant others, partners, etc.). The courts appear
to use the same factors whether the cohabiting couple is same-sex or of
the opposite-sex.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Contact Amori and Associates, LLC at (570) 421-1406 for a no obligation consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Contact Amori and Associates, LLC at (570) 421-1406 for a no obligation consultation.
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(570)421-1406-Tel.
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