In New Jersey, elder abuse is any deliberate or negligent act that harms a senior citizen or places them at serious risk of harm. Elder abuse can take many forms, but one of the most insidious and distressing forms of abuse is psychological or emotional harm. If you suspect someone you love is a victim of psychological or emotional abuse, it's crucial that you take steps to protect their welfare. Below, we'll explain how to spot this type of abuse and what you should do to protect the affected senior.
The Lento Law Firm Family Law Team is waiting to assist if you have concerns about an elder's welfare. Call now on 888.535.5686 or complete our online contact form to discuss your elder psychological and emotional abuse concerns.
What Is Elder Psychological and Emotional Abuse?
NJ's Adult Protective Services Act defines abuse as “willfully” inflicting pain—including mental anguish–on the victim. But what does this mean in real terms? Put simply, emotional and psychological abuse is intentionally inflicting pain, distress, or suffering on the victim through verbal and nonverbal means. It can also mean deliberately humiliating the individual or taunting them.
Examples of Psychological or Emotional Abuse of Elders
Emotional abuse takes many forms, but some common examples of elder emotional abuse are:
- Threatening the individual with isolation
- Deliberately placing support aides and medication out of reach
- Intentionally making the individual wait an excessively long time for basic medical care, food, or bathing assistance
- Humiliating and degrading statements
- Threatening or intimidating the individual
- Restricting the individual's freedom deliberately to cause pain and suffering
Emotional abuse, then, typically centers around the threat of isolation, depriving the individual of their basic needs, or threatening, manipulative, and belittling behavior. It's mostly committed by family members, caregivers, and nursing home or care home staff, but the perpetrator could be anyone.
Detecting Elder Psychological or Emotional Abuse
Warning signs of elder psychological and emotional abuse include, but are not limited to, the following:
- Increasing self-isolation or self-neglect
- Becoming withdrawn and shyer than usual
- Avoiding eye contact
- Fear around their caregiver or another individual
- Seeming jumpy, agitated, or nervous
- New self-esteem issues
It should also be noted that emotional abuse sometimes–but not always–occurs alongside other types of abuse, e.g., physical or financial abuse. This is why it's so crucial to seek legal counsel the moment you suspect abuse of any kind so the senior can benefit from a comprehensive investigation into their safety.
Why Is Elder Emotional Abuse Different from General Elder Abuse?
Although emotional and psychological abuse is a type of elder abuse, it's challenging to detect and can go unchecked over a prolonged period. There are two key reasons for this.
- The role of isolation: Elders are more likely to become victims of emotional abuse if they are relatively isolated or have a small social circle, as there are fewer individuals looking out for them. Such individuals are also most likely to be distressed by further threats of isolation and social deprivation.
- Victim reluctance to speak out: It's common for victims to feel ashamed or embarrassed about any form of abuse, but it's especially common for victims to be reluctant to admit that someone is bullying, degrading, or harassing them. They may also fear they are “exaggerating” or misreading the situation.
What to Do if You Suspect Elder Psychological or Emotional Abuse
If you're concerned about an elder's emotional or psychological welfare, and you believe they're the victim of elder abuse, take the following steps.
- Protect the elder: The main way to urgently protect the elder from potential harm is to seek a restraining order (RO). We'll cover how to do this below. You should call law enforcement if you suspect immediate physical danger.
- Contact the authorities: Next, you should report your concerns to your county's Adult Protective Services (APS) office. APS will investigate the complaint and determine if the elder requires further support and protection. You should also contact law enforcement if there's a suspected crime. And if you're a mandated reporter, such as a medical or legal professional, you're legally obliged to report your concerns.
- Seek legal advice: Contact the Lento Law Firm Family Law Team to discuss your legal options for protecting the senior and for help taking the required action, e.g., filing for a restraining order or reporting abuse.
- Gather evidence: Next, gather any evidence that may help you prove emotional or psychological abuse. Your attorney can assist in determining what evidence—such as correspondence and records–could be helpful.
Can I Get a Restraining Order (RO) for Elder Abuse?
A restraining order (RO) is a civil court order that protects individuals from physical, emotional, and psychological harm. It prevents a named person–the abuser–from having any contact with the victim, and it requires them to keep a minimum distance, e.g., they can't be within a certain proximity to the victim.
To file for a restraining order, the abuser and the victim must have a “qualifying relationship,” such as being spouses or household members. Should the abuser be someone more remote, your attorney can explain what options you may have for protecting the senior.
Why Restraining Orders Are Crucial to Protecting Abused Elders
Emotional and psychological abuse is damaging and stressful to the victim. Only a restraining order can ensure the abuser is prohibited from contacting or visiting the elder involved, which thereby prevents further abuse.
Think of a restraining order as a shield between the perpetrator and the victim. Your loved one can relax and be reassured that the abuser can no longer hurt them–at least not without incurring criminal penalties for violating a restraining order.
How to Obtain a Restraining Order (RO) in New Jersey
The process for obtaining an RO in New Jersey can seem overwhelming, particularly if you are unfamiliar with civil court procedures. While your Lento Law Firm attorney can explain the details as they relate to your situation, the main steps involved are as follows.
Filing for a Temporary Restraining Order (TRO)
You must first attend the family division of the Superior Court for NJ. Typically, this means filing in the county where you live, but you can also file, for example, in the county where the abuser lives or where the abuse occurred.
You must explain the situation to a judge to demonstrate why the order is necessary to protect the victim. Should the judge agree, they will issue a temporary restraining order (TRO), which is valid for around 10 days or until a final hearing can be scheduled.
You can normally only seek a TRO during court hours; however, if there's an emergency, you can file over evenings, weekends, and holidays by seeking an emergency order instead.
Service of the Temporary Restraining Order
The person named in the order receives notice of the TRO and scheduled hearing date, which is typically around 10 days after issuing the TRO. You will also receive a copy of the restraining order.
Final Restraining Order (FRO) Hearing
At the hearing, both parties have the chance to present their case. Should the judge agree that the order is essential to protect the elder, they will issue a final restraining order (FRO) that cannot be revoked without the court's consent and further legal proceedings. If the judge believes the defendant is no threat to the victim, they won't issue a FRO and will instead dismiss the case. The TRO will end, and so will any restrictions, e.g., restricted contact or communication.
If you're unhappy with the outcome and there are legal grounds to appeal the decision–such as if the decision is not supported by the evidence or the judge interpreted the law incorrectly–it may be possible to appeal the decision. Your Lento Law Firm attorney can explain what options are available and assist you in petitioning the court to reconsider its decision.
How the Lento Law Firm Can Help in Elder Abuse Situations
At the Lento Law Firm, we understand how confusing and distressing it can be to discover that an elder may be the victim of psychological or emotional abuse. To protect their best interests, it's crucial that they have the support they deserve from experienced elder abuse attorneys. And that's where the Lento Law Firm Team can assist. Here are just some of the ways we can help if you have an elder abuse concern:
- Victim Protection: We will immediately consider how best to protect the elder involved and instigate the relevant legal processes. This often involves seeking a restraining order (RO), and, in such cases, we'll help you file for the relevant order.
- Legal Administration: The process for seeking remedies, such as restraining orders, is challenging and time-sensitive. Our attorneys will help you gather the paperwork and records you need, and we'll help you file the correct documents on time.
- Court Preparation: Seeking a restraining order means appearing in court to explain why such an order is necessary. Not only can we help you gather evidence, but we'll also ensure you are best prepared to present your case effectively and maximize the chances of a successful outcome.
- Continuous Guidance: At every stage of the process, our attorneys are on hand to offer support, answer questions, and respond to urgent queries. It's our goal to ensure you have the guidance you need to make informed decisions throughout the legal process.
Our Family Law Team works across the entirety of New Jersey to support families with any elder abuse concern, including those regarding psychological and emotional abuse. No matter how complex you fear the issue might be, we are here to assist.
Retain Experienced Elder Psychological Abuse Attorneys in New Jersey
Elder emotional and psychological abuse is insidious and challenging to detect. However, given how damaging and stressful such abuse can be for the victim, it's vital that you take immediate action if you suspect an elder's welfare is under threat. Your loved one deserves to feel protected, safe, and valued, and at the Lento Law Firm, our attorneys will do everything we can to help shield them from emotional and psychological harm. We will guide you through the complex legal procedures involved and, where necessary, assist you in seeking restraining orders or other civil remedies against the wrongdoer.
Your loved one's safety and well-being are our priorities. Contact the Lento Law Firm Family Law Team without delay at 888.535.3686, or tell us about your concerns online.
