Same-Sex Relationship Abuse in New Jersey

Same-sex relationships face the same issues that every other relationship may have to deal with, including abuse.

There are situations of same-sex relationship abuse, though much like other couples, are not always discussed due to fear of one’s life or embarrassment over the abuse. If you are being abused by your loved one and are uncertain of the laws regarding this matter, you may need the help of a lawyer who has a specialty in this field. You do have rights if you are being abused, which will be discussed here.

Whether you are just in a domestic partnership, a standard relationship, or married to your partner, domestic violence is a crime. The United States Department of Justice is very clear about its definition of what domestic violence is and it is very clear to state that it does not matter what your gender or sexual orientation is. Domestic violence can be any type of abusive behavior in the relationship that aims to gain or maintain their power over their partner. This can be, psychological, economical, physical emotional, or sexual. It can even include any threats or behaviors that can influence a partner, such as intimidation, manipulation, and humiliation, just to name a few of these behaviors.

In New Jersey, citizens are protected under the Prevention of Domestic Violence Act of 1991. There are various criminal offenses that an abuser can be charged with under this law, such as harassment, criminal trespass, and criminal mischief. Anyone who has been in a relationship and is older than 18 is protected by these laws, regardless of sexual orientation or gender. Under this act, you can pursue both criminal and civil complaints against your abuser. A criminal complaint is there for the purpose of punishing the abuser while a civil complaint is there to protect you.

It is important that if you are going to pursue any complaints against your abuser that you get a temporary restraining order (TRO). A TRO is issued by a judge who has been satisfied by the evidence that it is necessary for the safety of the victim to have one in place. This is done as a way to protect the victim and the restraining order will prohibit the abuser from getting too close to the victim and to contact them. It will also cause the abuse to not have any weapon or firearm, reimburse medical expenses, and gives temporary custody of any children that may be in the relationship.

This can be a scary and complicated process to go through alone, so getting an attorney that is well-versed in these laws can really help make this process a lot less stressful for you. Often times these lawyers are not just able to help you with this criminal complaint but they can also help you file your TRO and help with any divorce that may need to happen if you are married. You want to make sure that you are completely protected from your abuser.