Domestic violence in California is a crime involving intimate partners. The partner can be a current or former spouse, the mother or father of a person’s child, a current or former live in romantic interest, or a child, grandchild, parent or grandparent. The law covers both homosexual and heterosexual relationships. If the alleged abuse is targeted toward a person over the age of sixty years, it is classified as elder abuse.

The technical definition of elder abuse under California’s statutes regarding domestic violence is the mistreatment of an elder by the elder’s child, grandchild or intimate partner. Elder abuse can take many forms including financial, physical, or emotional mistreatment. It is not necessary to actively hurt an elder to be charged with elder abuse. The charge can stem from neglect of such a person as well. This type of abuse is growing in the United States and crosses all socio-economical groups.

Physical abuse occurs when an intimate partner or relative willfully engages in physical force against the elder, resulting in bodily injury or harm. Examples of physical abuse include violent actions against the elder, improperly dispensing drugs to the elder, using any inappropriate restraints, and physically punishing the elder. Another form of physical abuse, sexual abuse, occurs when a person engages in any non-consensual sexual contact with the elder. In addition to facing an elder abuse charge, a person accused of sexual abuse may also be charged with an incest charge, a felony punishable by a jail sentence.

A person commits emotional elder abuse when he or she inflicts mental anguish upon the elder, takes any measure to segregate the elder from family members or intimate partners, or in any way debases the elder. This form of abuse is also known as psychological or verbal elder abuse and may be conducted through verbal or nonverbal means.

Neglect is a form of elder abuse that takes place when a person responsible for the elder’s care either refuses or fails to fulfill that responsibility. The neglect can be physical in the form of withholding of basic needs such as food, shelter or clothing. It can also entail refusal of tending to the health or hygiene of the elder. And finally, neglect can involve financial needs. For example, if the accused was in charge of paying the elder’s bills and did not fulfill that obligation, the person would be faced with neglect. Emotional abuse can also occur in the form of neglect if the elder is not receiving adequate attention to his or her emotional needs.

Financial elder abuse occurs an intimate partner or other family member mishandles an elder’s finances. Using coercion or deception to convince the elder to make certain financial decisions or mismanaging the elder’s assets or liabilities can lead to an elder abuse charge. Another example of financial elder abuse is when the accused steals from the elder by forging the elder’s signature for financial gain, cashing his or her checks or selling his or her possessions without permission.

Anyone who suspects that elder abuse is taking place should either call 911 or the Adult Protective Services at 1-877-4-R-SENIORS to report the suspected abuse. Speaking with an experienced attorney may also be helpful to become educated about possible legal rights and remedies available. However, if a person is charged with elder abuse, it is critical that the accused employs a top-notch criminal defense lawyer who is knowledgeable with California’s domestic violence laws. The experienced attorneys at the Kavinoky Law Firm concentrate on domestic abuse law and have successfully defended countless individuals charged with these types of crimes. They can help with all aspects of domestic abuse defense and ensure that the accused rights are fully protected.