Deborah Zitomer Esquire, LLC
Advocating for Families In Norristown and Montgomery County Since 1990

Protection From Abuse Covers Any State Of Consciousness

State law guarantees that anyone that has been abused, especially a spouse and/or children can get legal protection from the person that was responsible. This is known as protection from abuse, and while getting hurt by someone within a household-such as your own partner-is upsetting and traumatizing, there are legal enforcements present to put a stop to it.

Most people can imagine situations in which protection from abuse would be immediately required, such as physical injuries being inflicted on family members, but there are other instances where this safety measure can be applied as well.

Consent Is Everything

While sexual relations between spouses is obviously a matter between two private individuals there is an implicit, legal understanding that this is occurring with the consent of both partners. If one partner does not consent, then, even with a legal union, this can be considered abusive, even rape, and can be punished by the law.

However, the law is very specific about this, and even not giving any type of consent at all can be interpreted as refusal and can be enforced with a protection from abuse order. So, for example if the abusive partner encourages the victim to drink alcohol, and then has sex while the victim is unconscious, or so drunk as to not process what is happening, this can still be interpreted as an act carried out without consent.

This is especially true if the victim has been physically rendered unconscious by violence, or has been administered one of the so-called "date rape" drugs such as rohypnol, liquid ecstasy or ketamine. In the case of drugs, the more popular types have no taste or smell, so they are very easy to slip into drinks, and leave the victim weak and confused or unconscious.

If you haven't given consent, even if it is because you were unable to, then that is still abuse, and you can still get protection from it. An experienced family lawyer can set the gears in motion. Contact Zitomer Law if you want protection from abuse and want to know how you can get started.

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Deborah Zitomer Esquire, LLC
11 E. Airy Street
Norristown, PA 19401

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