Understanding Financial Abuse in California Family Law
Financial abuse is a form of domestic abuse that is often hidden but can have devastating and long-lasting consequences. In California, family law recognizes financial abuse as a serious issue, especially in the context of intimate partner relationships and divorce proceedings.
This blog post explores what financial abuse looks like, how California law addresses it, and what victims can do to protect themselves.
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What Is Financial Abuse?
Financial abuse occurs when one partner controls, exploits, or restricts the other’s access to financial resources. The goal is often to gain power and control within the relationship. While it may not leave visible scars, the effects can be equally damaging.
Common Signs of Financial Abuse:
•Controlling all household finances and denying the partner access to money
•Forbidding the victim to work or sabotaging employment
•Forcing the victim to account for every penny spent
•Running up debt in the victim’s name without consent
•Stealing or withholding financial documents (e.g., pay stubs, tax returns)
•Threatening to cut off financial support as a means of manipulation
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Legal Protections Under California Law
1. Domestic Violence Protection Act (DVPA)
California includes financial abuse under the umbrella of domestic violence. Victims can seek a Domestic Violence Restraining Order (DVRO) under the DVPA, which can include provisions to:
•Prohibit the abuser from controlling finances
•Order temporary spousal or child support
•Require the return of assets or control of bank accounts
•Mandate that the abuser not interfere with the victim’s work or income
2. During Divorce or Legal Separation
Financial abuse often comes to light during divorce. California is a community property state, meaning both spouses are entitled to equal ownership of marital assets and debts. If one spouse attempts to hide, waste, or mismanage assets, the court can:
•Order forensic accounting or asset tracing
•Penalize the abusive spouse by awarding a greater share of the assets to the victim
•Order attorney’s fees to be paid by the abusive spouse
3. Spousal and Child Support
Victims of financial abuse are often left without access to income or credit. California courts can award temporary and permanent support to help the victim maintain stability during and after legal proceedings.
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How to Protect Yourself from Financial Abuse
If you suspect you’re experiencing financial abuse, it’s important to take steps to protect yourself:
•Document everything: Keep records of financial transactions, communications, and instances of control or coercion.
•Open a separate bank account in your name only.
•Consult with a family law attorney experienced in domestic violence and financial abuse cases.
•Seek a restraining order if you feel threatened or unsafe.
•Reach out for support: Organizations like California Partnership to End Domestic Violence offer resources and advocacy.
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Conclusion
Financial abuse is a serious and often overlooked form of domestic violence. Under California family law, victims have rights and legal remedies to protect themselves and regain control over their lives. If you or someone you know is experiencing financial abuse, don’t wait—seek legal advice and support.