Elder abuse is a nationwide issue, and Morris County, New Jersey, is no exception. What was already a serious problem of elder abuse was on the rise during the COVID-19 pandemic, during which roughly one in five elderly people was facing abuse. Because elder abuse is consistently underreported, one in five is a conservative yet disturbing number.
Unfortunately, New Jersey hasn't always done a great job of protecting its elderly community. In fact, New Jersey has some of the worst elder abuse protections in the country. But that doesn't mean if you're an older person facing abuse or you suspect an older person in your life is being abused, that all hope is lost. The Lento Law Firm Family Law Team is here to help. Our attorneys can assist you in reporting, pursuing legal action, and protecting your physical and emotional safety. Learn more about how the Lento Law Firm can help you or any elderly person experiencing abuse in Morris County by calling us at 888-535-3686 or using our online form.
What Is Elder Abuse?
Morris County and New Jersey don't have a single law encompassing elder abuse, but rather a series of laws covering different aspects and types. The main law that tells us who is covered by the laws and what constitutes abuse is the Adult Protective Services Act. The law serves to protect vulnerable adults in Morris County and the whole of New Jersey. This law defines a vulnerable adult as “a person 18 years or older who resides in a community setting and has a physical or mental condition that substantially impairs their ability to care for themselves.” Of course, elderly adults fall within this category.
Abuse of an elderly person can come in many forms, from traditional abuse to neglect and exploitation. Common examples include:
- Physical abuse
- Psychological abuse
- Sexual abuse
- Deprivation of food and water
- Deprivation of access to medical services
- Leaving them in an unhygienic environment
- Failing to ensure they are accessing personal hygiene
- Improper use of funds, property, or resources
- Identify theft
Essentially, any behavior done intentionally, recklessly, or negligently that harms the physical, mental, or financial well-being of an older person can qualify as elder abuse.
Elder Abuse Reporting in Morris County
There are a few different ways to report suspected or known elder abuse in Morris County. If you or a loved one is in immediate danger or in need of assistance, call 911 immediately. You can contact Morris County Adult Protective Services (APS) in non-emergency situations. You may also contact your local police non-emergency line or the New Jersey elder abuse hotline, and they will connect you with Morris County APS.
Anytime APS receives a report of suspected or known elder abuse, it will dispatch an investigator. The investigator will contact the elderly person or a trusted third party if they do not have the mental capacity to be interviewed on their own. The meeting between the investigator and the older person involved will occur in person within 72 hours of APS receiving the report. APS will work in conjunction with Morris County social workers who are trained in elder care and responding to abuse allegations.
After the meeting, the APS investigator will draft a report of their findings. The report will include a summary of the allegations and recommendations for law enforcement interviewing or social services. APS doesn't have any legal authority to remove an elderly person from their home without a court order and/or consent from the elderly person. APS will loop in law enforcement when necessary, but will otherwise focus on assisting the elderly person in accessing services and extracting them from the situation of abuse.
If you or a loved one is facing abuse in a hospital, nursing home, assisted living, or other healthcare facility, there are a few different options. In these situations, you will want to report the elder abuse to two separate offices. The New Jersey Office of the Long-Term Care Ombudsman (NJLTCO) is the first. This office advocates for the safety and protection of patients residing in long-term care facilities in New Jersey. One of their main responsibilities is to conduct investigations into abuse, neglect, and exploitation in these communities.
The second office to which you should report the abuse is the New Jersey Department of Health, Division of Health Facilities Evaluation and Licensing. This Division regulates healthcare facilities in the state. If an elderly person is being abused at a New Jersey facility, the Division can take action against them, including mandating training, issuing fines, and even revoking licenses.
Obtaining a Restraining Order for Elder Abuse in Morris County
As you can see, APS can be very helpful and provide a valuable service for elderly persons facing abuse, but their authority to take legal protection measures is limited. That is where the Lento Law Firm can step in to help. At the Lento Law Firm, we know that family dynamics can be complicated, but you do not need to live that way if a family or household member abuses you. We know you may care deeply for your abuser, but you deserve protection and respect. If your abuser is a member of your household, one legal option to consider is obtaining a restraining order under New Jersey's Prevention of Domestic Violence Act.
When you decide to pursue a restraining order, your Lento Law Firm attorney will file a request with the New Jersey Superior Court of Morris County. Your Lento Law Firm attorney may start by requesting a temporary restraining order to provide you with immediate relief from your abuser. A temporary restraining order is just that, a temporary order that protects you in the interim between your initial restraining order request and the judge holding a final restraining order hearing.
If You or a Loved One is Being Subjected to Elder Abuse in Morris County, the Lento Law Firm Can Help
Elder abuse, even at the hands of a caregiver or loved one, is never acceptable. At the Lento Law Firm, our Family Law Team attorneys want to stop the abuse and ensure you have every protection you need in place. Whether we are connecting you with resources or filing a restraining order on your behalf, we can help. Get started with The Lento Law Firm today by calling us at 888-535-3686 or using our contact form to schedule a confidential consultation.
