What Is Physical Abuse Under the Elder Abuse and Dependent Adult Civil Protection Act?
Physical abuse under the EADACPA is defined as:
- Assault.
- Battery.
- Assault with a deadly weapon.
- Force likely to produce great bodily injury.
- Unreasonable physical constraint or prolonged or continual deprivation of food or water.
- Sexual assault.
- Sexual battery.
- Rape.
- Spousal rape.
- Incest.
- Sodomy.
- Forced oral copulation.
- Forced penetration of a genital or anal opening by a foreign object.
- Use of physical or chemical restraint or psychotropic medication for punishment or for a period beyond what was indicated by a physician or for any purpose not authorized by a physician.
Under this law, the physical abuse can occur in any setting; however, abuse by constraint, deprivation or restraint is most likely to occur in poorly staffed, long term care facilities where it is easier to drug or immobilize a patient than to provide appropriate car.
If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we’d like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.