How to Report Elder Abuse

Reports of elder abuse rose in the United States during the COVID-19 pandemic, and cases are expected to increase as the aging population continues to grow. The National Council on Aging reports that up to five million older Americans suffer some form of elder abuse or approximately one in every ten Americans over the age of 60 years.

While every state has laws in place to prevent elder abuse, understanding the protections provided by those laws and the rights and legal recourse available to victims of elder abuse can be confusing and challenging to navigate. Understanding what behaviors and actions constitute elder abuse, the criteria for reporting elder abuse, and what is required to obtain a restraining order in New Jersey are critically important to protect elder abuse victims and ensure their safety.

The Lento Law Firm Family Law Team is experienced and knowledgeable in taking the legal steps to protect older adults from elder abuse and report cases of alleged abuse. From filing a report of elder abuse to the appropriate agency to obtaining a restraining order (RO), and pursuing all the legal mechanisms available to hold the abuser accountable, our experienced legal team is dedicated to fighting to protect your rights and ensuring your safety. Call the Lento Law Firm today at 888-535-3686 or tell us about your case and learn more about how we can help.

New Jersey Adult Protective Services Act

New Jersey passed the Adult Protective Services Act in 1993, legislation that is designed to protect the safety of older adults who are vulnerable to abuse and mistreatment. The New Jersey Division of Aging Services oversees the state's Adult Protective Services (APS) programs, which are social programs focused on assisting and supporting elderly adults and adults with disabilities so that they can live their lives with dignity and respect. APS programs, which are required in every county in the state, have the responsibility for receiving and investigating any reports of suspected abuse, neglect, self-neglect, and exploitation of vulnerable adults who reside in a community setting.

Eligibility for APS Services

In New Jersey, Adult Protective Services (APS) services are available to individuals who meet the following criteria:

  • Are over the age of 18 years
  • Due to a disability, physical, or mental illness, do not have the ability or capacity to understand and make, communicate, or carry out decisions concerning themselves
  • Live in a community setting, such as a private residence, or a non-institutional setting, such as a senior community residence
  • Are currently the victim of mistreatment

APS services are not available to individuals who reside in licensed facilities such as nursing homes, hospitals, group homes, and residential healthcare facilities.

Understanding Elder Abuse, Neglect, Self-Neglect, and Exploitation

According to the New Jersey Department of Human Services Division of Aging Services, elder abuse is defined as a knowing, intentional, or negligent action on the part of a caregiver or another individual that inflicts harm or poses a serious risk of harm to a vulnerable adult. These vulnerable adults are individuals who, due to mental illness, physical illness, or disability, are unable to fully understand or do not possess the capacity to make decisions for themselves regarding their well-being or lack the ability to communicate their wishes.

There are several forms of abuse:

  • Physical Abuse: an intentional behavior that inflicts pain and physical bodily harm to an older adult. Physical abuse may occur by pushing, hitting, punching, kicking, beating, slapping, burning, and shaking the victim. Physical abuse may consist of over or under-medicating an older adult or by using restraints.
  • Sexual Abuse: this includes any nonconsensual sexual contact of any kind with an elderly person. Some older individuals, because of dementia, mental illness, or other medical issues, cannot communicate their disapproval or lack of consent for the unwanted behavior.
  • Neglect: a failure to tend to an individual's medical, hygienic, dietary, and nutritional needs. Examples of neglect include not dispensing the elderly adult's medications, failing to change their bandages, or not arranging appointments with medical professionals. When an individual is not bathed, does not receive basic grooming and dressing, and is not given sufficient food to maintain good health, this is a form of neglect.
  • Emotional Abuse: this is a type of psychological abuse that intentionally inflicts mental pain, anguish, and distress on an older adult. Emotional abuse may be in the form of verbal or nonverbal acts. Examples of emotional abuse include bullying, intimidation, threatening, verbal harassment, making degrading statements, using humiliating language, isolation, and neglecting the overall well-being of the older individual.
  • Financial Exploitation: when an elderly person's financial obligations are not met, such as not paying rent or making a mortgage payment, failing to pay utility bills or property taxes, or not paying insurance or other essential bills, this is a form of financial exploitation. Financial exploitation may also include theft, fraud, forgery, and coercion or deception in the context of assigning someone to the role of power of attorney or legal guardian.
  • Self-Neglect: a non-purposeful act whereby the elderly individual is unable to meet their own physical, emotional, or social needs. This self-neglect puts the individual's health and safety at risk.

Mandated Reporting of Elder Abuse In New Jersey

New Jersey has “mandatory reporter” statutes that apply to individuals who provide services to seniors or adults with disabilities. In New Jersey, these include emergency medical technicians (EMTs), health care professionals, paramedics, firefighters, and law enforcement officers. Mandated reporters work with Adult Protective Services in assisting seniors and protecting them from abuse and neglect. Mandated reporters are required to report any incidents of abuse, exploitation, neglect, or self-neglect, to Adult Protective Services, and a failure to report such suspected incidents may have legal ramifications.

Reporting Elder Abuse

The first step in reporting elder abuse is to contact Adult Protective Services, which can be done anonymously if the individual so chooses. The report must include the type of suspected abuse, the extent of the abuse, neglect, self-neglect, or exploitation, and any details about the situation, the alleged abuser, or other information concerning dangers in the home environment.

Once the alleged elder abuse is reported to Adult Protective Services, APS will conduct an investigation into the suspected abuse, reach out to the alleged victim regarding support services that are available to them, and connect them to those services if that individual chooses to receive them. When there is a crisis situation, Adult Protective Services has the legal authority to intervene, provide protective services, and, if needed, seek court orders to protect vulnerable individuals. In New Jersey, victims of elder abuse can obtain a restraining order (RO) to protect themselves from further abuse.

Restraining Orders (RO) For Victims of Elder Abuse

Restraining orders (RO) are orders issued by the court that can provide protection for victims of elder abuse. Restraining orders are intended to protect victims of abuse from any additional harassment or harm by the abuser. Restraining orders prohibit the abuser from visiting the victim's residence, from having any form of contact with the victim, or from committing any other harmful act against the victim.

If the abuser is a caregiver, family member, household member, or another individual with whom the elderly person has a close relationship, the victim can file for a restraining order (RO) under the New Jersey Prevention of Domestic Violence Act. There are two types of restraining orders available in New Jersey: a temporary restraining order (TRO) and a final restraining order (FRO). If you wish to file a restraining order for yourself or a loved one for elder abuse, contact the Lento Law Firm immediately to arrange for a consultation and file a complaint.

Report Suspected Elder Abuse Even if You Are Unsure

Sometimes, it can be difficult to identify suspected elder abuse. Even if you are unsure whether abuse exists but feel that something isn't right about a situation, it is best to report it to Adult Protective Services, whose trained professionals will assess the situation and determine what steps to take. Mistreatment can have significant long-lasting implications and diminish an elderly person's sense of safety, community, security, and quality of life. Victims of elder abuse deserve protection from further harm and the opportunity to hold the abuser accountable for the harm they have inflicted.

If you or a loved one suspect elder abuse and you wish to receive a restraining order (RO) for protection from further harm, contact the Lento Law Firm Family Law Team immediately.

The Lento Law Firm understands the challenges facing victims of elder abuse and has extensive experience obtaining restraining orders and advocating on behalf of elder abuse victims. Call us today at 888-535-3686 or contact us online to schedule a consultation.

Contact a Family Law Attorney Today!

Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

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