Domestic violence affects people regardless of their gender, identity, or sexual orientation. A Domestic Violence Protection Order (DVPO) is an effective legal tool for victims of abuse. It helps protect individuals from further abuse and harassment. This is achieved by legally restricting the abuser’s actions.
In LGBTQ cases, the protective orders prevent further abuse and violence. You must show the existence of abuse, threats, or harassment to obtain a DVPO. Also, you need to show that you have a close relationship with the abuser. Presenting evidence to support your request for a protective order can strengthen your case.
The evidence you can present for the case could include photos, messages, police reports, or witness statements. Sadly, many LGBTQ victims face barriers when seeking protection through a domestic violence restraining order. Some victims fear discrimination, while others worry that the police or courts will not understand their situation. If you are in this predicament, you must hire and retain a skilled attorney to guide you through the process.
What Is a Domestic Violence Protection Order?
Domestic violence remains a serious issue in California. A Domestic Violence Protection Order is a court-issued document. It helps protect a person who has experienced abuse or threats from an intimate partner, spouse, or family member. The DVPO directs the abuser to stop the violent or threatening behavior immediately. It can also include specific terms:
- No contact. The court will order the restrained person to avoid all contact with the protected person. Contact in this could be physical, through the phone, or online.
- Stay-away order. As a condition of the DVPO, the judge can order the abuser to stay a specific distance away from the victim’s home, work, or school.
- Move-out order. If you live with your abuser, the court may order them to move out of the shared residence after issuing the DVPO.
- Child custody and visitation limits. California law is strict on domestic violence cases involving children. In this case, they decide according to the child's best interests. For this reason, the judge can deny custody to the abuser and limit their visitation rights.
- Firearm restriction. As a condition of the DVPO, the court can order the abuser to surrender all their firearms to law enforcement. Also, they cannot purchase new ones while the order is active.
DVPOs are civil orders. However, violating them can result in arrest and criminal prosecution. The orders reduce further harm and ensure the victim’s safety. In LGBTQ cases, the DVPO carries the same legal authority as in heterosexual relationships. Courts recognize that domestic violence can occur in same-sex relationships. The DVPO focuses on the behavior and not the gender of the involved parties.
Common Forms of Abuse in LGBTQ Relationships
Abuse in LGBTQ relationships can happen in different ways. In most cases, domestic violence in LGBTQ relationships is similar to what happens in heterosexual relationships. However, there are times when the abuse involves unique forms of control tied to a person's identity or sexual orientation. Knowing what domestic violence entails in LGBTQ cases helps you recognize patterns of abuse. Also, it can help you seek protection. Types of abuse in these cases include:
Physical and Sexual Violence
Physical attacks and sexual coercion also occur in LGBTQ relationships. Many victims hesitate to report these crimes for fear that the police will not believe them. The silence and unreported incidents allow abuse to continue.
Outing as a Form of Control
Some abusers threaten to “out” their partners to family, employers, or friends in an effort to control them. These threats can cause fear and shame. Additionally, they can make the violent incidents go unreported.
Isolation from the LGBTQ Community
Sometimes abusers isolate their partners from friends and support groups. The abuser may discourage the victim from attending LGBTQ events or connecting with others online. Isolation increases dependence. Without support from the community, a victim may feel alone and powerless.
Misgendering and Identity Denial
Transgender and nonbinary victims may face verbal abuse that focuses on their identity. For example, an abuser may use the wrong pronouns to hurt the victim. This control can cause emotional distress.
Economic and Housing Abuse
Financial control is a common form of domestic violence in LGBTQ cases. The abuser might engage in the following acts:
- Withholding money
- Taking over joint accounts
- Threatening eviction from shared housing
These acts can instill fear in the victim and make leaving challenging because they lack financial stability.
Who Qualifies for Protection in LGBTQ Relationships
Eligibility for a DVPO depends on the type of relationship between the victim and the abuser. In most jurisdictions, qualifying relationships include:
- Current or former spouses
- Domestic partners
- Individuals who live or have lived together
- People who are or were in a dating or intimate relationship
- Individuals who share a child, whether biological or adopted
These definitions include various relationship dynamics. LGBTQ individuals are entitled to the same protection as heterosexual couples. Unfortunately, some victims fear reporting the abuse or seeking protection because their relationship is not legally recognized. Modern domestic violence laws are not gender neutral. Therefore, you can seek protection regardless of your sexual orientation or gender identity.
Obtaining a Domestic Violence Protection Order in LGBTQ Cases
You can seek a DVPO if you are a victim of domestic violence. Obtaining the order can feel overwhelming for victims. The process of obtaining a DVPO for LGBTQ cases is similar to that of individuals facing abuse in heterosexual relationships. It includes:
Confirm Your Eligibility
A DVPO will only offer protection in cases that qualify as domestic violence. Therefore, the first step you should take is to ensure that you qualify for the order. In California, domestic violence laws protect people who have a close relationship with their abuser. This includes:
- Current or former spouses or domestic partners
- People who live or have lived together
- Individuals in a dating or intimate relationship
- People who share a child
These rules apply even to LGBTQ couples. You do not need to prove that you are married to the abuser for your partnership to be legally recognized. The court will consider whether your relationship was intimate, close, or domestic.
In addition to having a qualifying relationship with the abuser, you must have suffered abuse. Recognized forms of abuse in domestic violence cases may include:
- Physical harm
- Threats
- Stalking
- Harassment
- Controlling behavior
- Emotional manipulation related to identity
Gather Evidence
You should start gathering evidence if you meet all the eligibility requirements for a DVPO. You need to show that abuse happened. Additionally, you must prove that you are in danger of future harm. You should collect any evidence that supports your case. The evidence can include:
- Photos of injuries or damaged property
- Text messages or emails showing threats or harassment
- Medical records
- Police reports
- Witness statements from friends, neighbors, or coworkers
You should keep all your evidence organized. In LGBTQ cases, you may need to show messages or statements that show identity-based abuse. This could include threats to expose your sexual orientation or gender identity.
Complete the Forms
You must complete specific court forms to request a Domestic Violence Protection Order. The main form is DV-100 (Request for Domestic Violence Restraining Order). You will also complete DV-110 (Temporary Restraining Order). You can obtain these forms at your local courthouse or download them from the California Courts website. Some counties also have self-help centers that assist you with the paperwork.
When filling out the forms, you should describe each abuse incident clearly and honestly. Also, you should use short statements and include dates, times, and examples of abusive incidents. In LGBTQ cases, mentioning any threats that involve your gender identity can strengthen your case.
If you need help filing the forms, you will need the guidance of a skilled attorney. Additionally, you can contact an LGBTQ advocacy group for assistance.
File the Forms with the Court
After you complete the forms, you should take them to the clerk’s office at your local superior court. There is no filing fee for a domestic violence protective order. The clerk will stamp your documents and give you a hearing date.
If the judge believes you are in immediate danger, they can issue a Temporary Restraining Order (TRO) the same day. The TRO provides short-term protection until your full hearing. It may include terms that prevent the abuser from contacting you or coming near your home or workplace.
After submitting the files in court, you should keep a copy of your paperwork. You may need to show it to law enforcement if the abuser violates the order.
Serve the Abuser
When you seek a domestic violence protective order against another person, they must be notified through a process known as service. You cannot deliver the papers personally. You must use a person who is over 18 and hand the documents to the abuser. The person serving the papers will complete a Proof of Service form.
The judge cannot make the order final without proof that the abuser was served correctly. Therefore, you must ensure that the abuser receives the notice. If you fear for your safety, you can ask the sheriff’s department to handle service for you at no cost.
Attend the Court Hearing
You must attend the protective order hearing on the dates scheduled by the court. The judge will review the evidence, talk to the witnesses, and decide whether to issue a long-term order. Some of the tips you can use to ensure a smooth hearing include:
- Dressing neatly and arriving early for the hearing
- Bringing all your documents
- Bringing witnesses to testify in your favor
- Speak clearly
- Focusing on facts and safety concerns
The court will consider all forms of abuse before making a ruling. Therefore, in an LGBTWQ case, you should feel comfortable explaining the issues concerning your gender identity. If the abuser fails to appear for the hearing, the judge may still issue the order based on your testimony and evidence.
Receive the Final Order
If the judge believes you are at risk, they will issue a Domestic Violence Protection Order. The DVPO can last up to five years. The order will include conditions the restrained person must follow throughout its validity. You will also receive certified copies of the order. You should always keep a copy and give copies to your workplace or school.
Enforce and Renew the Order
If the abuser violates the order, you should call the police immediately. Always keep notes of any violations, including dates, times, and what happened. A violation of a DVPO is a criminal offense under California law. After a conviction, the abuser could face jail time and fines. Additionally, the judge can impose stricter conditions for the order.
Before the order expires, you can ask the court to renew. However, you must prove that you are still in danger to receive a renewal. You do not have to prove new abuse. For LGBTQ victims, continued protection will help prevent continued harassment and threats.
How Do Courts Handle Protective Order Requests in LGBTQ Cases?
Judges evaluate LGBTQ domestic violence cases the same way they assess any other. However, understanding the dynamics of LGBTQ relationships helps ensure fairness. The courts look for credible evidence of abuse before issuing a protective order. Some courts have implemented special training for judges to understand LGBTQ dynamics better. This may include power imbalances and identity-based threats.
When deciding whether to grant a DVPO, the court focuses on safety. They will consider whether the victim is in danger of further harm. Also, they will determine whether an order is necessary to prevent it.
Legal Challenges LGBTQ Victims Face When Seeking a DVPO
Domestic violence laws in California are gender-neutral. However, LGBTQ victims may face serious challenges when seeking protection. These challenges make it harder for victims to come forward. The challenges include:
Fear of Bias or Discrimination
Many LGBTQ victims fear unfair treatment during the process of filing for a DVPO. Some people worry about judgment because of their sexual orientation or gender identity. If a person has faced discrimination in the past, they may feel unsafe when asking for help again. The fear can stop victims from filing for a Domestic Violence Protection Order.
Lack of Awareness About Legal Rights
Some victims do not know that they qualify for a DVPO. They may think that protection orders only apply to heterosexual couples or married partners. Others are confused about the instances that count as domestic violence. In LGBTQ relationships, abuse may look different from that in normal relationships. Victims who do not know these rights may miss out on the legal protection they deserve.
Reluctance to Reveal Private Information
To request a DVPO, you must share personal details about your relationship in open court. For someone who has not come out to their family or community, revealing these details can be nerve-racking. The process may force them to reveal their orientation or gender identity. Many victims in these situations choose to stay silent.
Limited Access to Inclusive Support Services
LGBTQ individuals find it challenging to find a safe and inclusive support group. Some shelters, counseling centers, or legal aid offices do not allow LGBTQ survivors. Without trained staff who understand LGBTQ issues, victims cannot feel safe. When a victim does not have access to protection after the abuse, they may fear seeking protection.
Misunderstanding by Law Enforcement and Courts
In some cases, police officers or judges misinterpret domestic violence cases in LGBTQ relationships. The officers may assume that violence in a same-sex relationship is mutual. This could result in the dismissal of the victim's complaint. Sometimes, the real victim may face a wrongful arrest. The misunderstandings come from limited training and biases about gender roles.
Reforms may be necessary in the domestic violence laws to address these challenges. Police, judges, and advocates need better training to understand LGBTQ dynamics. Courts must also ensure victims feel respected and safe when seeking protection.
Support and Legal Resources
If you are an LGBTQ victim of domestic violence, you should not face the issue alone. Some organizations help survivors navigate the legal challenges. Key resources you can explore when seeking a DVPO include:
- The National Domestic Violence Hotline. When you call the hotline, you will receive confidential support, with LGBTQ-trained advocates available.
- The Network/La Red. This program focuses on LGBTQ and polyamorous survivors of partner abuse.
- The organization provides resources for transgender and nonbinary victims of violence.
- Local LGBTQ Centers. Victims of domestic violence in LGBTQ relationships can turn to these centers for legal aid and counseling.
Support networks can help victims gather evidence and prepare for court.
Find a Seasoned Divorce Attorney Near Me
Domestic violence can affect anyone, regardless of their sexual orientation. In California, domestic violence is as common in LGBTQ relationships as it is in heterosexual relationships. In LGBTQ cases, emotional trauma and manipulation may accompany physical and sexual abuse. LGBTQ victims of domestic violence can explore domestic violence protective orders to protect themselves against continued abuse and harassment by their current spouses, former spouses, or domestic partners.
Obtaining a restraining order will involve filling out numerous forms, filing a petition in court, and attending a hearing. If the court finds sufficient evidence of your need for protection, the judge can issue the DVPO. The order comes with specific conditions that the abuser must follow.
However, some members of the LGBTQ community face challenges when seeking the DVPO. Most of these challenges are centered around the fear of discrimination. If you are in this predicament, you will need the expert legal insight we offer at San Diego Divorce Attorney. Call us at 858-529-5150 from San Diego, CA, to discuss your case.
