In California, the definition of “domestic violence” extends far beyond the traditional notions of physical and emotional harm. The definition of what constitutes “abuse” and “domestic violence” is no longer limited to acts inflicting physical injury.
Many of my clients are surprised to learn that under state law, financial abuse is explicitly recognized as a form of domestic violence and can be grounds to obtain a Domestic Violence Restraining Order. California state law acknowledges the profound impact that economic control can have on a victim’s autonomy, mental health, and safety. This progressive approach highlights our legal system’s evolving understanding of abuse and the necessity of addressing financial manipulation in relationships.
The Domestic Violence Prevention Act (DVPA) is a California law codified in sections of the California Family Code, specifically beginning with Section 6200. Its primary purpose is to prevent and address domestic violence by providing legal remedies and protections for victims and survivors. California Family Code Section 6320 identifies financial abuse as a form of “coercive control” which falls within the definition of “domestic violence” pursuant to the DVPA.
Financial abuse, broadly defined, involves controlling a partner’s access to money, resources, and financial information. Including “financial abuse” as a form of domestic violence emphasizes the state’s commitment to protecting survivors from this insidious form of harm. California Courts recognize that this form of abuse often leaves survivors trapped in cycles of dependency, eroding their ability to escape abusive relationships. The legal recognition of financial abuse as a form of domestic violence empowers victims to seek remedies and rebuild their financial independence.
As a family law lawyer, I can tell you that financial abuse often hides in plain sight, wrapped in the everyday dynamics of relationships. Imagine a young mother whose partner systematically restricts her access to their joint bank account, leaving her to plead for every dollar she needs to buy groceries or diapers. This leaves her economically stranded in her own home. This isn’t a rare anecdote—it’s the stark reality for countless victims whose financial independence is stolen under the guise of love and control. Financial abuse goes far beyond mere disagreements about money; it becomes a tool for manipulation, stripping individuals of autonomy, self-worth, and the ability to escape.
The integration of financial abuse into the legal framework of domestic violence marks a critical step forward for these victims, but more work remains. California is even making efforts to educate financial institutions as to what constitutes financial abuse. This aligns with the broader goal of systemic change, ensuring survivors can access resources and support without compromising their safety or privacy. By January 1, 2027, California mandates the development of online resources to educate financial institutions and the public about financial abuse in the context of domestic violence. These resources will illuminate the connection between financial security and abuse, the long-term effects on employment and credit history, and the importance of survivor privacy and autonomy.
California serves as a beacon for other jurisdictions, demonstrating that recognizing and addressing financial abuse is essential for a comprehensive approach to combating domestic violence.
Through continued advocacy and innovation, we can break the hidden chains of financial abuse and foster a future where survivors thrive in safety and independence.
