ATTORNEY NEWSLETTER
Continued Physical Abuse Alleged
Victim’s Checkbook Allegedly Stolen
Allegations Of Physical Violence Against Victim
Evans Law Firm, Inc. represent victims of physical and financial elder and dependent adult abuse. In certain cases, the elder or dependent adult victim is harmed by different kinds of abuse at the same time – neglect or isolation or physical abuse together with financial exploitation. The physical abuse may be particularly gruesome as a recent arrest, discussed below, illustrates. Physical elder abuse may be criminal and also grounds for civil liability for elder or dependent adult abuse. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.63 (definition of elder and dependent adult physical abuse). Under California law, physical abuse of an elder or dependent adult means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
(5) Incest, as defined in Section 285 of the Penal Code.
(6) Sodomy, as defined in Section 286 of the Penal Code.
(7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
Cal. Welf. & Inst. Code § 15610.63.
If you are a loved one has been the victim of elder or dependent adult abuse in Marin County or elsewhere in California, call us at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recently Reported Case Of Alleged Abuse[1]
A woman was recently arraigned on charges that she repeatedly physically abused a 75-year-old Vietnam veteran whom she befriended and offered her assistance with his financial affairs. The suspect was charged after the man disclosed that she had poked him in the eyes, bitten him, hit him with a mop, broom and belt, burned and cut him, according to court papers. Court records also allege that the suspect had also taken the man’s checkbook, later contending she was simply helping him with his finances. She was indicted by a grand jury on five counts each of assault and battery on a person 60 or older and assault and battery with a dangerous weapon, as well as a charge of witness intimidation. The case is still pending.
Evans Law Firm Represents Victims of Elder and Dependent Adult Abuse
If you have any suspicions whatsoever that your loved one is suffering any kind of abuse, call us. Always act on your instincts. We will pursue any individual responsibility for the abuse as well as their supervising employers, agencies, and owners of the facility in which your loved one resides. Relief includes damages for pain and suffering, punitive damages where available and an award of the attorneys’ fees and expenses you’ve incurred in bringing your case.
Contact Us
Ingrid M. Evans can be reached at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. is not involved in the case in any way.
