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.
Related Questions
- I am an Australian citizen in a same-sex relationship with a foreign person. Does my partner require foreign investment approval if we want to purchase a house together as joint tenants?
- Can a former same-sex partner get child visitation rights to a child born during the relationship?
- Can a partner in a same-sex relationship commit domestic violence?
