In California, domestic violence applies to crimes that are perpetrated against one’s intimate partner, child, parent or other family member related within the second degree. GLBT intimate partners are those who are or were dating, are or were living together, are or were civilly united and those who have children together. If the alleged victim of a crime is over sixty and is either an intimate partner of or is related to the accused, the offense will be prosecuted as elder abuse 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 experienced in connection with each other. Elder abuse is a growing problem in this country and occurs in every type of family – straight and gay – and takes place regardless of the family’s social, economic or ethnic background.

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. This list is by no means complete, as it is just a sample of the types of physical abuse that an elder may experience. The sexual abuse of an elder is an additional 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 incarceration in the state prison.

Emotional elder abuse, which is also referred to as verbal or psychological abuse, occurs when the elder’s family member or intimate partner inflicts mental anguish upon the elder, threatens the elder, humiliates the elder or isolates the elder from other family members or friends. Any of these forms of emotional abuse may be verbal or conveyed through nonverbal conduct and again, these examples aren’t exclusive.

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 do so. This type of neglect can be physical if, for example, basic needs aren’t met and the elder is deprived of adequate food, shelter, clothing or health care. The abuse can be financial if, for example, the accused 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 steals from the elder or mismanages the elder’s money, property or other assets. Examples of financial abuse include, but are not limited to forging the elder’s signature for financial gain, coercing or deceiving the elder into signing a legal document that deals with his or her estate or other funds, selling his or her possessions without permission or cashing his or her checks.

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 and should also contact an attorney to see what legal rights and remedies may be available. However, if charged with elder abuse, it is critical that the accused hires a California domestic violence lawyer as soon as he or she is arrested. The LGBT supportive, experienced attorneys at the Kavinoky Law Firm specialize in domestic abuse law and have successfully defended countless individuals charged with these types of crimes. For legal advice about an elder abuse matter, contact them today for a free consultation.