When people entrust the care of their elderly loved ones to caregivers or nursing homes, they do so with the intention that their loved ones will get the adequate care and attention they deserve. Yet, a recent World Health Organization (WHO) report shows that 1 in 6 senior citizens suffer abuse, with two-thirds of nursing home staff admitting to hurting residents in their care.
That is an alarming percentage. No one has the right to hurt your elderly loved one, which is why it is important to make them pay dearly for their atrocities. If your loved one has been sexually assaulted or physically abused, you have a right to hold the liable party(ies) accountable for their misdeeds.
Our New Jersey elder abuse attorneys at the Lento Law Firm's Family Law Team can fight to restore your loved one's dignity and hold everyone who is involved responsible. We also provide legal guidance and other relevant resources to help your loved one navigate this difficult period.
Call the Lento Family Law Team at 888-535-3686 or fill out this contact form to discuss your situation.
What Constitutes Elder Physical and Sexual Abuse in New Jersey?
The New Jersey Adult Protective Services Act (APS) defines elder physical abuse as the negligent or intentional physical act of violence toward a senior citizen that inadvertently leads to physical injuries or harm. These actions are willfully inflicted on the victim to cause them pain and anguish. Some examples of physical abuse acts include:
- Pushing, hitting, kicking, slapping, punching, and biting
- Restraining the victim to the bed using ropes or rope-like materials
- Destroying the victim's personal properties
- Throwing objects at the victim
- Strangulating or asphyxiating the victim
- Burning them with hot substances, including hot water, pressing iron, or heater
- Refusing the victim access to their medical care, including not dispensing their medications or administering under/overdose
- Intentionally administering the wrong medications.
- Using weapons such as guns, baseball bats, or any other weapon against them
- Sexual abuse is similar; only this time, it involves non-consensual or forced sexual contact with the senior citizen. Examples include:
- Indecent exposure
- Sexual penetration or with a confused elder or one who's unable to give consent
- Forcing the elder to strip naked
- Taking nude pictures or videos of elderly citizens without permission or approval
While elderly citizens are generally more prone to abuse because of their vulnerability, those who are socially isolated or living with disabilities and illnesses such as Alzheimer's or dementia are most at risk.
Signs and Symptoms of Physical and Sexual Abuse in the Elderly
The problem with physical or sexual abuse against elderly citizens is that they hardly report it. This may be due to:
- Coercion by the abuser
- Fear of retaliatory actions by the caregiver
- Feelings of shame relating to their inability to defend themselves
- Fear the abuser may get into trouble, particularly if the abuser is a loved one
- Fear of ridicule or not being taken seriously by the nursing home or community settlement authorities
- Inability to report the abuse due to mental or physical incapacitation
This is why you must pay attention to them. If anything seems off, ask them gently, reassuring them that they did nothing wrong. Some of the signs or symptoms of physical and sexual abuse in the elderly include:
- Unexplained bruising, rope marks, welts, or lacerations on the body
- Broken bones or sprained muscles
- Unexplained bleeding in the private area
- Cuts, punctures, bite wounds, or
- Flinching when you hug or try to touch them
- Broken eyeglasses and/or frames or phones
- Sudden onset of sexually transmitted diseases
- Torn clothing or bedding
- Displays of discomfort, tension, or anxiety when a particular caregiver is around them
- Unusual weight loss due to poor feeding
- Withdrawal from social activities
- Unusual behavioral changes and much more
Although these are the most common, signs and symptoms of abuse aren't restricted to just these. Even if none of these are obvious, if you feel your loved one may be the subject of abuse, you should take steps to either confirm or rule out your fears.
Steps to Take If You Suspect Your Loved One Is Being Abused
Once you suspect that your elderly loved one is being abused, you need to take some crucial steps to put an end to it and bring the abuser to book. These include:
- Gathering evidence: Collect as much evidence as you possibly can. Record statements from your loved one, take pictures or videos of injuries, jot down notes of your observations, and collect witness (usually other residents) statements.
- Reporting to the authorities: To report elder abuse, retrieve your county's APS contact details from this list of New Jersey's APS offices in 21 counties and contact the office. A representative will be sent to the residence, nursing home, or community-dwelling to investigate. Usually, reporting to the county representative means they'll contact law enforcement. However, if you can't wait or feel like the resident is in immediate danger, call 911 to get law enforcement involved immediately.
- Contact the New Jersey Long Term Care Ombudsman (NJLTCO): You can call the hotline at 1-877-582-6995 or confidentially fill out this complaint form to report the abuse if your loved one resides in a long-term care facility. All reports are anonymous unless otherwise desired.
- Seek legal help: If you need speedy intervention, such as obtaining a restraining order for your elderly loved one, contact an experienced New Jersey elder abuse lawyer to start the process.
Obtaining a Restraining or Protection Order for an Abused Elderly Citizen
The quickest way to prevent a recurrence of abuse is by seeking a restraining order against the abuser. A protection order for an elderly citizen effectively stops the abuser from continuing their abusive acts against the senior citizen.
To obtain a restraining order in New Jersey, here's what to do:
- Contact local law enforcement: If it's an emergency, call 911 on behalf of your elderly loved one or go to the local police station to file an elder abuse report. The police can easily file a temporary restraining order (TRO) against the abuser. This automatically limits all forms of contact between the abuser and the victim. All TROs are effective immediately.
- Make your case at the FRO Hearing: TROs are typically valid for 10 days. Within that timeframe, the court will give you a date when you and the abuser will have to appear before the municipal court for the final restraining order (FRO) hearing. This is where you'll need to make the case for a permanent protection order. Getting a FRO often relies on showing a “preponderance of evidence”. This means showing that the likelihood of elder abuse by the defendant was higher.
The key to getting a final restraining order of protection for your elderly loved one lies in securing competent legal skills. The Family Law Team at the Lento Law Firm can help you seek and obtain an FRO that will permanently bar the abuser from future incidents of abuse towards your elderly loved one.
Can You Win an Elder Abuse Lawsuit Against Nursing Homes or Caregivers in New Jersey?
Yes, you can. A recent survey shows an 88 percent compensation rate with an average compensation amount of $406,000 for elder abuse lawsuits instituted against nursing homes or caregivers.
While obtaining restraining orders is largely a civil matter, it's not often enough to make the abuser pay for their crimes – unless a civil order mandates them to pay reasonable compensation to the victim. You can also institute a criminal case against them to seek compensation for the harm that was done to your elderly loved one.
To win, however, you'll need competent New Jersey elder abuse attorneys from the Lento Law Firm, who will litigate the case and pursue the compensation that your loved one deserves. Your attorney will investigate the facts of the case, gather evidence, file the lawsuit or compensation claim, and provide legal representation until the victim receives fair compensation for their suffering.
And while we understand that monetary compensation alone will not undo the harm that was done to your elderly loved one, it will at least help make them whole. Please note that an elder abuse lawsuit can last a few weeks or months before it's concluded.
Protecting Senior Citizens from Continuing Abuse
Apart from restraining orders, lawsuits, or other means of recourse, you can put some preventative measures in place to avert abuse. These include:
- Maintaining good rapport with caregivers and nursing home staff
- Minimizing social isolation by visiting the elderly frequently
- Encouraging frequent interactions between them and other community dwellers
- Helping them stay connected to family and friends
- Encouraging participation in community events and support groups
- Taking note of staff shortages or overworked staff and seeking quick remedies to the situation --excessive workload or staff burnout has been linked to elder mistreatment.
Contact New Jersey Elder Physical and Sexual Abuse Lawyers
Elderly physical and sexual abuse can have negative lasting effects. If your elderly loved one is currently a victim, they deserve justice and compensation. The Family Law Team at the Lento Law Firm can help you with everything from investigating your claims to obtaining a restraining order and securing adequate compensation for your hurt loved one.
Call the Lento Family Law Team at 888-535-3686 or fill out this contact form to discuss your circumstances with us.
