Elder Abuse as a California Crime of Domestic Violence
California domestic violence refers to any abuse that is directed at an intimate partner (a person’s spouse, former spouse, the person with whom one has children, the person with whom one lives or formerly lived or one’s significant other or former significant other, regardless of sexual orientation), one’s child, grandchild, parent or grandparent. When this abuse, whether it be physical, emotional or financial, is specifically directed at a person over sixty years of age who is one of the above-mentioned persons, the abuse will be treated as elder abuse, and prosecuted under California’s domestic violence laws.
Elder abuse, defined under California’s D.V. laws, is the mistreatment of an elder by the elder’s child, grandchild or intimate partner. The abuse may be physical, emotional, financial or may be in the form of neglect, and these different types of abuse are often used in conjunction with each other. Elder abuse occurs in every type of family, regardless of social, economic or ethnic backgrounds and is a growing problem in this country.
Physical elder abuse takes place when an intimate partner or other specified family member intentionally uses physical force against the elder that could result in pain, harm or bodily injury. Some of the most common types of physical abuse include acts of violence, inappropriately administering drugs to the elder, physically restraining the elder and physical punishment. The sexual abuse of an elder is a type of physical elder abuse and is defined as any non-consensual sexual contact with the elder by his or her intimate partner or other family member. A family member’s sexual abuse of an elder would also result in an incest charge, punishable as a felony by imprisonment in the state prison.
Emotional elder abuse, also known as psychological or verbal elder abuse, occurs when the elder’s family member or intimate partner threatens the elder, inflicts mental anguish upon the elder, isolates the elder from other family members or friends or humiliates the elder. Any of these forms of emotional abuse may be verbal or conveyed through nonverbal conduct.
Elder abuse in the form of neglect takes place when the elder’s intimate partner or family member who is responsible for providing care to the elder either refuses or fails to fulfill that responsibility. This type of neglect can be physical if, for example, basic needs aren’t met with respect to giving the elder food, shelter and clothing and/or health and/or hygiene issues are ignored, or can be financial abuse if, for example, the offender is responsible for paying the elder’s bills and doesn’t. Neglect can also take on the form of emotional abuse if attention simply isn’t given to the elder in need.
Financial elder abuse takes place when an elder’s intimate partner or other family member either mismanages the elder’s money, property or other assets or steals from the elder. Examples of financial abuse include, but are not limited to coercing or deceiving the elder into signing a legal document that deals with his or her estate or other funds, forging the elder’s signature for financial gain, cashing his or her checks or selling his or her possessions without permission.
People who suspect that an elder is being abused should either call 911 or Adult Protective Services at 1-877-4-R-SENIORS to report the suspected abuse. Contacting a California criminal defense attorney may also be helpful to learn about any possible legal rights and remedies that may be available to the elder. However, if charged with elder abuse, it is critical that the accused hires a criminal defense lawyer who is familiar with California’s domestic violence and intimate partner abuse laws as soon as he or she is arrested. The experienced attorneys at The Kavinoky Law Firm specialize in domestic abuse law and have successfully defended countless individuals charged with these types of crimes. To discuss an elder abuse matter, contact them today for a consultation.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.