Elder abuse is a significant problem in virtually every state in the country. New Jersey is no exception.
If you're the loved one of an elderly person in New Jersey, you may be responsible for ensuring they're not the victim of such abuse. There are various steps you can take to remedy the problem and protect a vulnerable loved one if it appears that abuse has occurred.
Taking legal action is one option. At the Lento Law Firm, our Family Law Team can help you take steps to protect a loved one who you believe has been the victim of elder abuse. Learn more about how we can assist you during this critical time by submitting your information via our online contact form or calling our offices today at 888-535-3686.
How Serious of a Problem Is Elder Abuse in New Jersey?
It's important to understand that getting an accurate picture of just how common elder abuse is in New Jersey (or anywhere else in the country) can be difficult for several reasons. One of them is the fact that, per the National Center on Elder Abuse (NCEA), for every case of elder abuse that gets reported or discovered, another 24 remain unreported or undiscovered.
That said, the NCEA reports that data indicate at least one in 10 elderly adults living in community settings (like retirement homes) will experience at least one instance of abuse in a given year. Other research indicates that the global elder abuse rate may be somewhere around 15.7%.
Consistent data regarding the rate of elder abuse in New Jersey is hard to come by. Unfortunately, at least one informal study suggests New Jersey offers the fifth-worst elder abuse protections among all states in the nation.
What Does Elder Abuse Consist Of?
Elder abuse can take many forms. Understanding elder abuse is easier when you establish different categories of abuse. They are:
Physical elder abuse, which may involve:
- Beating or striking
- Intentionally injuring
- Pushing
Emotional and/or psychological elder abuse can consist of:
- Verbally assaulting
- Threatening
- Berating or belittling
- Isolating
- Calling names
- Intimidation
- Harassment
Common examples of sexual elder abuse are:
- Touching of the genitals or other sexual areas
- Engaging in any form of unwanted sexual contact
- Taking advantage of an elderly person's vulnerable state to facilitate sexual situations
- Recording or taking sexual pictures
Financial elder abuse could involve:
- Stealing
- Convincing a vulnerable elderly person to transfer funds
- Scamming
- Withholding money or other financial resources
Neglect is also a form of elder abuse. Although it doesn't involve directly abusing someone, it does involve potentially allowing harm to befall them. Neglect may look like:
- Not tending to an elderly person's medical needs
- Failing to provide an elderly person with sufficient food and water
- Not cleaning or refreshing an elderly person's clothing, sheets, etc.
The NCEA also acknowledges two more forms of elder abuse: self-neglect and abandonment. Self-neglect occurs when an older person neglects their own needs due to a diminished capacity to properly care for themselves. Abandonment occurs when someone responsible for caring for an elderly person abandons them and doesn't take steps to ensure someone else tends to their needs.
Where May NJ Elder Abuse Occur?
Elder abuse can occur in virtually any setting where an elderly person may be vulnerable. Naturally, this includes retirement homes and senior living centers. However, research has shown that most cases of elder abuse occur in the home.
Family members are often responsible for elder abuse that occurs at home. Although it may be painful to consider, if you believe a member of your family is abusing an elderly loved one, it's vital to take action before the abuse escalates to a greater level of severity.
However, family members aren't the only ones who can commit elder abuse in the home of a victim. For example, maybe you've hired people to care for an elderly loved one in their home so you don't have to move them into a community. Those you've hired also have the ability to commit elder abuse when left alone with your loved one.
Along with the home and senior living communities, elder abuse can also occur in such settings as:
- Hospitals
- Senior centers
- Businesses, particularly those catering to older people
Those are just examples. Regardless of the setting, if you have reason to believe your loved one is the victim of elder abuse, take immediate steps to ensure their safety. In many situations, this can involve removing them from a dangerous environment.
How to Prevent Elder Abuse
You can prevent elder abuse by:
- Familiarizing yourself with the NCEA's common signs of elder abuse
- Thoroughly researching the reputation and credentials of anyone who may be responsible for an elderly loved one's care
- Making sure an elderly loved one doesn't remain isolated for too long without checking in on them
- Never leaving an elderly loved one alone with parties who you have any reason to believe may pose a threat to their safety
If you suspect elder abuse is occurring again, remove your loved one from a dangerous environment and report the abuse accordingly. Per the NCEA, ways to report elder abuse include:
- Contacting law enforcement
- Contacting Adult Protective Services
- If applicable, contacting the state licensing agency for nurses, senior living centers, or any other such parties who may have been responsible for your loved one's abuse
The correct way to report elder abuse can vary depending on the specifics of the situation. Our Family Law Team at the Lento Law Firm will gladly assist you with this task if you're unsure of how to proceed.
How a Restraining Order Can Help in New Jersey Elder Abuse Cases
The specific ways attorneys with our Family Law Team at the Lento Law Firm can assist someone who believes an elderly loved one is being abused will depend on the specific nature of your case. We'll review the details to implement a proper protection strategy.
That said, obtaining a restraining order is often helpful in these circumstances. A temporary restraining order (TRO) is a short-term order that enforces certain conditions and limitations on the contact an alleged abuser can have with their victim. It only remains in place until the court holds a formal hearing. The final restraining order (FRO) is permanent and remains in place unless the court agrees to modify it or grant an appeal.
A restraining order can offer various protections in a New Jersey elder abuse case. Examples include:
- Prohibiting certain actions: An RO can prohibit an abuser from engaging in certain actions, such as contacting the protected elderly individual, harassing them, or returning to the scene where the alleged elder abuse occurred.
- Behavioral monitoring: Sometimes, a restraining order will also require an abuser to submit to behavioral monitoring, a mandatory mental health evaluation, drug treatment, etc.
- Civil orders: A restraining order may also require a defendant to pay certain forms of financial relief.
Getting a Restraining Order in a New Jersey Elder Abuse Case
As has been established, it's not uncommon for victims of elder abuse to not report their abuse. If you're an elderly person who's the victim of abuse, you may seek a restraining order yourself. However, it may be more likely that you're the loved one of an elderly person who needs to seek a RO on their behalf.
The process of obtaining a restraining order in New Jersey involves:
- Filing paperwork with the police or municipal court
- Receiving a TRO
- Attending a FRO court hearing, which is usually 10 days after the court grants a TRO
The judge may grant a FRO at the time of the hearing. However, this isn't guaranteed. Thus, it's important to provide as much valid evidence as you can to indicate why a FRO is warranted. The standard of proof in a New Jersey RO case involves proving that the alleged abuse “likely” occurred. Evidence that might support a case includes:
- Testimony from witnesses
- An elderly person's own testimony
- Medical records
- Photos
- Police records, if anyone ever called law enforcement to report the alleged abuse
At the Lento Law Firm, our Family Law Team can assist you by helping you gather the evidence you need to show the court a FRO is appropriate given the circumstances. We can assist you throughout every stage of seeking a restraining order, helping you know you're taking steps to protect a vulnerable elderly loved one.
Contact the Lento Law Firm Family Law Team for Help With Your New Jersey Elder Abuse Case
Learning an elderly loved one has potentially been the victim of abuse is always painful. It can be particularly difficult to learn that the one abusing your loved one may have been a family member or other such trusted party.
The best thing you can do now is be proactive. By contacting our Family Law Team at the Lento Law Firm, you'll know you're taking the right steps to protect your loved one. Find out more about the elder abuse family law services we offer in New Jersey by calling us at 888-535-3686 or submitting your information via our online contact form.