Domestic Violence Against Elders & Dependent Adults Under California Law

Domestic violence against elders and dependent adults is defined under California Penal Code Section 368, which addresses abuse, neglect, and exploitation of individuals who are 65 years or older or adults who are dependent due to physical or mental limitations. This type of abuse is considered especially egregious because it targets some of the most vulnerable members of society.

Abuse can take many forms, and California law categorizes several specific actions as abuse against elders and dependent adults. These include:

• Physical Harm: Any intentional act that causes physical injury, pain, or impairment. This can range from hitting, slapping, and pushing to more severe acts like kicking, burning, or using weapons.
• Neglect: Failure to provide essential care, which includes food, water, shelter, clothing, hygiene, and medical care. Neglect can occur when a caregiver fails to meet the basic needs of the elder or dependent adult, leading to harm or potential harm.
• Financial Exploitation: Illegal or improper use of an elder’s or dependent adult’s funds, property, or assets. This includes acts such as theft, fraud, forgery, or misuse of power of attorney for financial gain.
• Psychological Abuse: Infliction of mental anguish through verbal or nonverbal acts. This can include threats, harassment, intimidation, humiliation, or isolation. Psychological abuse aims to control or demean the victim, causing emotional distress.

Elements of the Crime

To establish domestic violence against elders or dependent adults, the prosecution must prove several key elements beyond a reasonable doubt.

1. Victim’s Status: The prosecution must prove that the alleged victim is either an elder (65 years or older) or a dependent adult (an adult with physical or mental limitations that restrict their ability to carry out normal activities or protect their rights).

2. Relationship to the Victim: The alleged abuser must have a certain type of relationship with the victim, such as being a caregiver, family member, or someone who lives with or regularly visits the victim.

3. Type of Abuse: The prosecution must demonstrate that the alleged conduct fits one of the recognized forms of abuse under California law. This includes physical harm, neglect, financial exploitation, or psychological abuse.

Proving Intent: In addition to proving the victim’s status and the type of abuse, the prosecution must also demonstrate that the defendant acted willfully or with criminal negligence. This means showing that the defendant intentionally harmed the victim or recklessly disregarded their well-being.

Common Types of Abuse Involved

Physical Abuse: includes any intentional act causing physical harm or injury to an elder or dependent adult. This can involve hitting, slapping, pushing, kicking, burning, or using weapons. Physical abuse is considered a severe offense due to the direct harm inflicted on the victim, often leading to substantial legal penalties such as imprisonment and fines.

Emotional Abuse: Emotional or psychological abuse involves inflicting mental anguish through actions like threats, harassment, intimidation, humiliation, or isolation. Such abuse can have profound psychological impacts on the victim. Although sometimes harder to prove, emotional abuse can significantly enhance the severity of domestic violence charges, leading to penalties such as restraining orders and mandatory counseling.

Financial Exploitation: refers to the illegal or improper use of an elder’s or dependent adult’s funds, property, or assets. Examples include theft, fraud, forgery, or misuse of power of attorney. Financial exploitation is heavily penalized due to its long-term consequences on the victim’s financial stability and independence. Convictions often result in substantial fines, restitution, and imprisonment.

Neglect: involves failing to provide necessary care, including food, water, shelter, clothing, hygiene, and medical care. Neglect can lead to significant health deterioration or death and is treated seriously by the courts. Depending on the severity of harm caused, neglect charges can range from misdemeanors to serious felonies, carrying substantial prison sentences and fines.

Legal Defenses for Elder Abuse Charges in Los Angeles

False Accusations

Elder abuse allegations often arise from misunderstandings, disputes within families, or malicious intent. A relative, caregiver, or acquaintance may falsely accuse you due to personal conflicts, financial motivations, or a desire to deflect blame. An experienced elder abuse defense attorney can investigate the accuser’s credibility and motives, exposing inconsistencies or ulterior motives behind the accusations.

Lack of Intent

Prosecutors must prove that the alleged abuse was intentional. In many cases, actions may be misinterpreted as abusive when they were unintentional or part of caregiving responsibilities. For example, if an elderly individual sustained injuries during a legitimate effort to assist them physically, this lack of intent to harm can serve as a defense.

Insufficient Evidence

To secure a conviction, the prosecution must prove the allegations beyond a reasonable doubt. Often, evidence in elder abuse cases relies on witness statements, medical reports, or circumstantial evidence, which can be inconsistent or inconclusive. Your attorney can challenge the admissibility and credibility of the prosecution’s evidence, creating doubt about your involvement.

Consent or Mutual Understanding

In cases involving financial elder abuse, the defense may argue that the financial transaction occurred with the elder’s full consent and understanding. Documented agreements, signed contracts, or credible testimony demonstrating that the elder willingly authorized the transaction can undermine the prosecution’s case.

Mistaken Identity

In some instances, the accused may have been misidentified as the perpetrator. This is particularly relevant when multiple individuals have access to the elder or their finances. A defense attorney can present evidence, such as alibis, surveillance footage, or testimony, to establish that someone else was responsible for the alleged abuse.

Medical Condition Misinterpretations

Elderly individuals often suffer from medical conditions, such as brittle bones or dementia, which can lead to accidental injuries or confusion. For instance, a fall or self-inflicted injury might be mistakenly attributed to abuse. Your attorney can consult medical experts to provide context for the injuries and challenge the assumption of intentional harm.

Violation of Constitutional Rights

If law enforcement obtained evidence through illegal search and seizure, coerced a confession, or failed to adhere to proper procedures during your arrest, your constitutional rights may have been violated. Evidence obtained unlawfully can be challenged and potentially excluded from the case, weakening the prosecution’s position.