Physical Elder Abuse Laws

Have you ever wondered how, exactly, is physical elder abuse defined under existing California law? The laws for physical elder abuse, as well as other types of elder abuse is located within California’s Welfare & Institutions Code § 15610.07 and § 15610.63. You will find that under the law, “physical elder abuse” involves many different types of abuse that are included in the California Penal Code. For convenience, we have provided below the relevant physical elder abuse statutes:
Welfare & Institutions Code § 15610.07: Abuse of an Elder or a Dependent Adult
“Abuse of an elder or a dependent adult” means either of the following:

• Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting harm or pain or mental suffering.
• The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering

Welfare & Institutions Code § 15610.63: Physical Abuse
“Physical abuse” means any of the following:

• Assault, as defined in Section 240 of the Penal Code.
• Battery, as defined in Section 242 of the Penal Code.
• Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
• Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
• 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 265.1 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. Sexual penetration, as defined in Section 289 of the Penal Code.
  8. Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
• Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
  • For punishment.
  • For a period beyond that for which the medication as 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.
  • For any purpose not authorized by the physician and surgeon.

Call our toll free number, 888-503-8267 or email us at info@evanslaw.com for a free and confidential consultation if you or someone you know has been a victim of physical elder abuse. The Evans Law Firm, Inc. handles all types of physical elder abuse.