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What remedy is available to a 15 year old if the parents are physically and mentally abusing such person.

What remedy is available to a 15 year old if the parents are physically and mentally abusing such person.

Full question:

I am a 15 year old living in California with my parents. I have been physically and mentally abused by my parents for two months. I want to file a complaint against them. What will be the remedy given to me?

Category: Husband and Wife
Subcategory: Parental Authority
Date: 04/07/2025
State: California

Answer:

A parent has wide discretion in performing his/her parental functions, since the law imposes on them a duty to rear and discipline his/her child and confers the right to prescribe a course of reasonable conduct for the child’s development. However, that discretion does not include the right to wilfully inflict personal injuries beyond the limits of reasonable parental discipline.

Per California Family Code §7507:

“The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by the child's relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.”

Therefore, if the abuse is established, you may be freed from your abusive parents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do if you're being abused by parents?

If you are being abused by your parents, it's important to seek help immediately. You can talk to a trusted adult, such as a teacher or counselor, who can assist you. You may also contact local child protective services or law enforcement to report the abuse. They can investigate the situation and provide support. Additionally, consider reaching out to organizations that specialize in helping youth in abusive situations. Remember, you have the right to feel safe and protected.

What is the age limit for elder abuse in California?

In California, elder abuse laws apply to individuals aged 65 and older. The law defines elder abuse as any physical, emotional, or financial harm inflicted on an elder. If you suspect abuse against someone in this age group, it's crucial to report it to the authorities or seek legal assistance. Protecting the rights and well-being of elders is a priority under California law.

How to prove abuse in family court?

To prove abuse in family court, you need to gather evidence that demonstrates the abuse occurred. This can include photographs of injuries, medical records, witness statements, and any documentation of incidents. It's also helpful to keep a detailed journal of events. Legal representation can guide you through the process and help present your case effectively. The court will consider all evidence to determine the validity of the claims.

What age qualifies for elder abuse in California?

In California, an individual is considered an elder for the purposes of elder abuse laws if they are 65 years old or older. The law protects this age group from various forms of abuse, including physical, emotional, and financial harm. If you suspect an elder is being abused, it is important to report it to the appropriate authorities.

What are the 4 types of abuse and examples?

The four main types of abuse are: 1. Physical abuse: inflicting bodily harm, such as hitting or slapping. 2. Emotional abuse: causing psychological harm, like verbal insults or manipulation. 3. Sexual abuse: any non-consensual sexual contact. 4. Financial abuse: misusing an elder's funds or property without consent. Each type can have serious consequences and should be addressed immediately.