Eligibility

Who Can File

Under California law, abuse is broader than physical violence. The examples below describe some of the conduct the law recognizes.

Harassment

Harassment may also involve someone sending you insulting or excessive messages. After you block the person, the person may contact you through different platforms to continue putting you down, saying things to you, or simply attempting to contact you. If you have told the person to stop, but the person continues contacting you and causes you significant emotional distress, that conduct may be considered harassment.

Sexual assault

Sexual assault is included as abuse under the code:

• Rape: Nonconsensual intercourse accomplished through force, violence, duress, menace, threats, intoxication, unconsciousness, incapacity, impersonation, or specified fraud. (Pen. Code, § 261.)
• Unlawful intercourse with a minor: Intercourse with a person under 18, regardless of purported consent. (§ 261.5.)
• Forced marriage: Compelling someone through force, menace, or duress to marry the perpetrator or another person. (§ 265.)
• Sexual exploitation and prostitution-related conduct: Enticing or procuring minors or adults for prostitution or sexual activity; coercing prostitution; placing a spouse in prostitution; or inducing sexual conduct through fraudulent representations intended to create fear. (§§ 266–267.)
• Aggravated sexual assault of a child: Specified forcible sexual acts against a child under 14 where the perpetrator is at least seven years older. (§ 269.)
• Female genital mutilation: Nonmedical excision or infibulation of specified genital anatomy. (§ 273.4.)
• Incest: Sexual intercourse between persons within prohibited degrees of consanguinity. (§ 285.)
• Unlawful or forcible sodomy: Including acts involving a minor, force, duress, threats, incapacity, intoxication, or unconsciousness. (§ 286.)
• Unlawful or forcible oral copulation: Including acts involving minors or lack of legal consent. (§ 287; former § 288a.)
• Lewd or lascivious conduct involving a child: Sexual touching of a child with the requisite sexual intent; physical penetration is unnecessary. (§ 288.)
• Continuous sexual abuse of a child: Three or more qualifying sexual acts over at least three months against a child under 14 by someone residing with or having recurring access to the child. (§ 288.5.)
• Unlawful or forcible sexual penetration: Including penetration accomplished through force, duress, threats, intoxication, unconsciousness, incapacity, or involving a minor. (§ 289.)
• Sexual exploitation of a minor in obscene material: Employing, using, persuading, inducing, or coercing a minor to participate in sexual conduct for images or performances. (§ 311.4.)

Abuse of an elder or dependent adult

Abuse of an elder or dependent adult includes three broad categories:

Physical or psychological mistreatment

• Physical abuse;
• Neglect or self-neglect;
• Abandonment;
• Isolation;
• Abduction; or
• Other treatment resulting in physical harm, pain, or mental suffering.

Deprivation by a care custodian

Withholding goods or services necessary to prevent physical harm or mental suffering, such as food, water, shelter, hygiene assistance, medication, medical treatment, supervision, or other necessary care.

Financial abuse

• Wrongfully taking, concealing, obtaining, appropriating, or retaining the elder’s property;
• Assisting another person in doing so;
• Acting with intent to defraud;
• Taking property when the person knew or should have known the conduct would likely harm the elder; or
• Obtaining property through undue influence.