Under California law, domestic violence or domestic abuse occurs when a family member or intimate partner physically or psychologically dominates or harms another. Intimate partner violence is often used synonymously with domestic violence, even though the abuse can be perpetrated against children and caregivers. California includes girlfriends, boyfriends, spouses, former spouses, cohabitants, and people who have children together in the definition of intimate partners. The partners can be heterosexual or homosexual.

Domestic abuse takes many forms, including physical, emotional, and financial abuse. Financial abuse, or economic abuse, occurs when an individual tries to control his or her intimate partner or another family member by withholding or preventing access to any financial means such as money, checks, or credit cards. The individual may also withhold necessities such as food, clothing, shelter, and medicine. In extreme cases, the person may steal from an intimate partner or other family member. If the victim of abuse is the individual’s child, the individual might be charged with child abuse or child endangerment. Accessing outside lines of credit and draining bank accounts are other methods for an abuser to financially assert power over a family member or intimate partner. The victim will be severely impaired in terms of finding new housing or employment. These obstacles are significant barriers to self-sufficiency and empowerment. Economic abuse is a type of emotional abuse and can leave a victim feeling helpless, both psychologically and from a financial standpoint.

Most economic abuse takes place between intimate partners, but other family members may be affected as well. If a child steals from a parent, such behavior is considered economic abuse and will be treated as a form of domestic violence. The child would be placed in the juvenile justice system that adheres to a different method of prosecution as the adult criminal justice system. Along those same lines, a child stealing from a grandparent or an adult stealing from an elder parent constitutes elder financial abuse. Such crimes are also covered under California’s domestic violence laws.

Victims of financial abuse are affected similarly to victims of other type of domestic abuse. They may experience depression, stress, anxiety and a sense of hopeless about their situation. The abuse also places the individuals at risk to develop significant health problems. Financial abuse often coincides with emotional abuse. The presence of both can be a dangerous combination that could lead to destructive behavior on the part of the victim. These behaviors worsen depending on the intensity of the abuse. The abuser may force the victim to take on full responsibility for the family financial obligations, making demands for the victim’s paychecks or forcing the intimate partner or child to engage in illegal activities to obtain money. These examples of abuse can cause the victim to display even worse symptoms. The individual may completely withdraw or engaging in violence toward self or others.

Some victims of abuse are unable to leave the volatile relationship. A condition called battered person’s syndrome (BPS) often develops when a person experiences multiple cases of abuse. BPS and the cycle of abuse are cited as explanations why a person who has been consistently and/or severely victimized would consciously choose to stay in a harmful relationship.

Victims of financial abuse should speak with a skilled attorney about their legal rights. They must seek help to safely leave the abusive relationship. Similarly, the best action for a person facing a charge of domestic violence to take is to immediately contact a seasoned criminal defense lawyer. The experienced attorneys at the Kavinoky Law Firm receive on-going training in intimate partner abuse laws and all the nuances in this special class of crimes. They have successfully defended countless individuals charged with domestic violence and have helped many victims get the help they need as well. Contact the Kavinoky firm today and secure competent legal representation.