Cohabitation and Domestic Violence Accusations

Cohabitation involves two or more unmarried people living together, often in an intimate relationship. Cohabitation isn't new, but it's on the rise. However, cohabitation also comes with some unique issues, such as the potential for an increase in domestic violence. Here is why that increase can occur and what someone can do about a domestic violence accusation that stems from cohabitation.

What Is Cohabitation Under Wisconsin Law?

The definition and legalities involved with cohabitation can change from state to state. In some places, cohabitation works in much the same way as a de facto or common law marriage. In some other parts of the country, cohabitation also applies to same-sex couples living together or non-traditional, multiparty relationships where everyone resides in the same home.

In some states, cohabitation was or still is a criminal offense. Wisconsin hasn't criminalized cohabitation since 1983. Unmarried people can freely live together in the state.

Because cohabitation isn't under any recognized status in the state, legal disputes between cohabitants can become tricky. This is especially true when it comes to domestic disputes and accusations that can lead to criminal charges. Unfortunately, cohabitation, by its very nature, can potentially foster an environment where domestic violence and abuse accusations can occur more readily.

Proving Cohabitation

A domestic abuse or violence situation can hinge on whether someone truly lives at the residence in question. For example, someone you live with can accuse you of abuse or violence if they attempt to forcibly remove you from the home.

If you cannot prove you live at the residence and cohabitate with the other person, it can look as if you're a trespasser and aggressor. For this reason, it can help to have evidence you live at the residence in question.

It will be helpful if you receive mail or have your name tied to a utility at the property. Statements from neighbors or any other corroborating information in the form of social media posts or other records can help as well.

How Does Cohabitation Lead to Increased Domestic Abuse Accusations?

Some studies show an increase in domestic violence accusations when people cohabitate or find themselves forced together in a single dwelling, such as during a quarantine. The reason for that increase isn't always apparent, but there are several factors that can contribute to it.

Power Imbalance

When people cohabitate, there's typically only one person who owns the home or signs the lease. This fact puts a lot of power into one person's hands. Many arguments can start and escalate over questions of who gets a say when it comes to things like who has a say in how to run the household or maintain the home.

The imbalance of power can also lead to someone feeling afraid that they must do what the leaseholder or homeowner says, or they can lose their shelter. This fear can lead to accusations of abuse because one person feels the other isn't showing fairness when it comes to permissions in the home.

Property Rights

Since cohabitation doesn't come with the types of property rights typical of marriage or other recognized partnerships, arguments over property rights can escalate and become accusations of domestic abuse or violence. Once again, this can happen because the leaseholder or property owner can claim everything in the property as their own.

Social Controls

Marriage and other forms of recognized partnerships come with a certain level of social controls. Because of the legal joint nature of these partnerships, people often have social considerations that can stop them from engaging in certain types of abuse or violence.

Someone may seek guidance from marriage counselors or their religious institutions or generally understand they have more legal recourse in cases of domestic abuse or violence. Someone who only cohabits may feel there's nothing they can do when they're accused of negative actions.

What Are Defenses for Domestic Violence Accusations When Cohabiting?

Defenses against domestic violence accusations can vary depending on the details of the situation. Cohabitation can increase instances of these accusations, but many of the defenses for domestic violence accusations, in general, can still come into play. Some defenses can include:

• A lack of evidence or proof
• Inconsistencies in the accuser's story
• Accusing the wrong person if more than two people cohabitate
• Self-defense in the face of a reasonable expectation of harm

Cohabitation can make a defense against accusations difficult, but not impossible. The fact you may still have to cohabitate with your accuser can also mean you have to take extra care when defending against such accusations.

Cohabitation, especially when mandated, such as during stay-at-home or shelter-in-place orders, can drive passions high and create negative situations. In such situations, the potential for someone to fall victim to domestic abuse or violence accusations grow.

If you find yourself on the receiving end of domestic violence accusations in Wisconsin, contact the Cohen Law Offices immediately for a consultation.