New Jersey is home to a rapidly aging population, with seniors contributing significantly to the state's culture and economy. As life expectancy continues to rise, ensuring the safety and well-being of older adults in their vulnerable years is paramount, but elder abuse is on the rise in the U.S. post-pandemic, with New Jersey ranking among the worst states for crimes against seniors.
Elder abuse is a broad term encompassing physical and emotional mistreatment, financial exploitation, and neglect. With the increase in its prevalence, state agencies are using mandatory reporting laws, which can implicate those who fail to report despite the complexities at play between family dynamics, caregiver burnout, and varying levels of cognitive decline. Authorities can intervene quickly, meaning licensed professionals can face the following situations:
- Criminal charges that can lead to thousands of dollars in fines and years behind bars
- Restraining orders (ROs) levied without the ability to immediately challenge them
- License discipline that drastically affects the ability to work
To mitigate the risk of creating a criminal background, being subjected to an RO, or losing a license to work, get in touch with the Lento Law Firm Criminal Defense Team. We understand the plight of professionals rendering care for seniors and how sometimes instances of false allegations can become barriers to employment. Our team ensures those accused exhaust every means of redress to defend against charges and retain their credentials. Call us today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
What Is Elder Abuse in New Jersey?
New Jersey has specific laws to protect seniors in their most vulnerable years, whether living in the community, in a residential assistive setting, or in a facility. Two primary laws are the Prevention of Domestic Violence Act (PDVA) and the Adult Protective Services (APS) Act.
The PDVA prohibits the mistreatment of older adults as victims of domestic violence as those over the age of 18 abused by any former or present household member. Despite its relatively broad scope, it can cover abuse by a live-in caretaker or others who provide care that are or who were household members, like extended or in-law family members.
Moreover, the APS Act defines "vulnerable adults" as those 18 years of age or older who reside in a community setting and, because of a physical or mental illness, disability, or deficiency, lack sufficient to make or carry out decisions related to well-being. The act allows each New Jersey county to receive and investigate reports of suspected abuse, neglect, and exploitation of vulnerable adults in the community, such as:
- Abandonment: deserting a vulnerable older adult after assuming responsibility for their care.
- Exploitation: taking, concealing, or misusing a senior's assets, finances, or property.
- Emotional Abuse: imposing distress, mental anguish, or mental pain on a vulnerable older adult through verbal or nonverbal acts.
- Physical Abuse: threatening or inflicting bodily harm on a vulnerable senior or withholding basic care.
- Sexual Abuse: non-consensual sexual contact with a senior under care obligation.
- Neglect: declining to provide basic necessities to a vulnerable older adult.
Although elder abuse is underreported, New Jersey has initiated further measures to ensure elder protection. Through the Mandatory Adult Abuse and Exploitation Reporting Law, healthcare providers and others coming into contact with vulnerable adults on a constant basis have obligations to look for suspected abuse.
Mandatory Reporting
New Jersey maintains strict laws related to the mandatory reporting of elder abuse to protect vulnerable seniors from neglect and harm, be it physical, emotional, or financial. With an aging population and rising reported incidents, it's crucial to comprehend the obligations and implications involved in reporting elder abuse. Upholding the duty is not only a moral responsibility but a matter of licensure compliance.
The APS Act compels the following professionals to report suspected cases of abuse or neglect:
- Emergency medical technicians
- Healthcare professionals
- Law enforcement officers
- Firefighters
- Paramedics
While APS cannot provide services—even investigate measures—to those in facilities, there are other safeguards for institutionalized seniors. New Jersey law asserts that if caretakers, social workers, physicians, licensed healthcare workers, or other facility staff members have "reasonable cause to suspect or believe that an institutionalized elderly person is being or has been abused or exploited," they are required to report.
Instead of reporting to APS, professionals working with institutionalized seniors must submit details to the New Jersey Long-Term Care Ombudsman, and simultaneously to local police officials and the administrator of the healthcare facility. If the alleged victim lives in a residential healthcare facility, rooming house, or boarding house, reports go to APS or the New Jersey Department of Human Services (DHS), including law enforcement. Critically, if the alleged victim is a Medicaid recipient, elder abuse cases may be reported to the Medicaid Fraud Control Unit of the New Jersey Office of the Insurance Fraud Prosecutor.
If the suspicion or belief of abuse may result in serious bodily injury, the individual must report immediately and not later than two hours after forming the suspicion or belief. When allegations do not involve serious bodily injury, reports must be made no later than 24 hours after forming the suspicion or belief. Failure to report in a timely manner can result in a fine of not more than $500 for the individual and no more than $2,500 for the employer facility.
Reports to state agencies require:
- The individual's name, address, age, and other identifying information
- The nature and extent of suspected abuse, neglect, self-neglect, or exploitation
- Description of the situation, any important identifiers of the alleged abuser, or other
For seniors in community settings, APS will investigate allegations of elder abuse and connect the individual with support services if they wish to receive them. However, APS has no control over whether local law enforcement opens an investigation.
Investigations Into Elder Abuse
Official inquiries into alleged elder abuse will take different forms depending on the victim's setting. In community settings, APS caseworkers visit the home, interview the individual, and gather information from family members or caregivers.
Caseworkers look for signs of physical injury and neglect, such as unsafe living conditions and malnutrition. Additionally, they may perform a more detailed investigation to uncover signs of financial exploitation through suspicious transactions and missing money from bank accounts and those of emotional abuse seen in intimidation and isolation. If evidence of criminal behavior exists—such as assault, fraud, or theft—APS will coordinate with local police and county prosecutors to file charges.
APS also reserves a few emergency powers to monitor victims and ensure the safety and care of older adults. The agency may arrange for in-home care, medical evaluations, financial management services, and even guardianship in some cases.
In a nursing home or assisted living context, DHS or the Ombudsman's office examines whether the facility violated state regulations or resident rights. Their respective investigators conduct interviews with victims, staff members with assigned duties, and potential witnesses. Investigators also complete a thorough on-site evaluation, reviewing medical records, staffing logs, and facility policies.
If signs of criminal activity are apparent, law enforcement is notified. Facilities cited for deficiencies face penalties, fines, or, in severe cases, loss of licensure if they do not address violations promptly. Yet, individuals face the same fate, too.
Consequences of Elder Abuse
Those alleged to have committed elder abuse commonly face criminal charges. While regulatory agencies oversee facilities and may endure fines, loss of licensure, and the reprimand of employees, individuals are also sanctioned. New Jersey criminal law makes a distinction between elder neglect and abandonment versus elder abuse. Importantly, elder abuse may be categorized as a form of domestic violence.
Depending on the circumstances surrounding the allegations, elder abuse may be charged as a disorderly persons offense or an indictable offense, with the following as corresponding penalties:
- Disorderly persons offense: a jail sentence of up to six months and a fine of up to $1,000.
- Fourth-degree indictable offense: a prison sentence of up to 18 months and a fine of up to $10,000.
- Third-degree indictable offense: a prison sentence between three to five years and a fine of up to $15,000.
Nevertheless, there are near-immediate ways an individual will face consequences, even if the allegations ultimately prove to be unfounded. Victims can seek temporary ROs—known as TROs—against the alleged abuser before a final decision through the criminal justice system is reached.
New Jersey Restraining Orders
Since elder abuse can be classified as domestic violence, victims can seek relief through the Family Division of the New Jersey Superior Court or the county municipal court. If a court determines with substantive evidence that the victim has their life, health, or well-being threatened, they will grant an ex parte order, meaning without the accused present.
The court's TRO will stand until the court schedules a hearing within ten days. Both parties in the matter will have the opportunity to present testimonies to the judge before a potential final restraining order (FRO) is issued and served by law enforcement officials.
While a restraining order restricts an individual's ability to encounter the victim, its effects are far-reaching. Those implicated also endure the following consequences:
- Banned from possessing firearms
- Restriction or loss of professional licenses
- Mandatory psychiatric evaluation or counseling
- Trespassed facilities or workplaces where the incident occurred
Unfortunately, licensed professionals—nurses, doctors, healthcare workers, and emergency personnel—who are found responsible for elder abuse and are served ROs face trouble with credentials to work. Yet, issues aren't relegated only to those providing elder care. Anyone holding a professional license served with an RO risks losing it.
How Do Restraining Orders Affect New Jersey Licensees?
TROs or FROs in New Jersey can have practical and professional implications for licensed individuals—whether they are healthcare providers, plumbers, cosmetologists, social workers, or others regulated by a state licensing board. Most professional licensing boards in New Jersey require licensees to report any significant legal actions, practice-related actions, or those involving abuse or fraud, such as different types of ROs. Failing to report can also result in disciplinary action.
Licensing boards hold a broad discretion to investigate conduct if a TRO or FRO raises questions about moral character or professional fitness. While temporary actions such as an ex parte order may not trigger a board's investigative measures, final action can prompt inquiry or the formal disciplinary process, which may lead to reprimands, suspension, or, in serious cases, license revocation.
While TROs and FROs do not automatically strip a licensed professional of their credentials, they can initiate board investigations, restrict practice settings, and jeopardize professional standing. At a minimum, it will threaten one's career.
The Lento Law Firm Provides a Robust New Jersey Defense
When licensed professionals are alleged to have committed elder abuse, it can present insurmountable barriers to physicians, nurses, social workers, and others who dedicate their time to senior care. Even if allegations prove to be false, it may take a journey through the New Jersey criminal justice system to come to that outcome. Unfortunately, TROs offered through ex parte proceedings can grind a licensee's career to a halt, causing the following headaches:
- Prohibitions from working or practicing with loss of state-approved credentials
- Reputation damage from allegations and practice restrictions
- Financial loss through fines, restitution, and employment difficulties
While mistakes and misunderstandings can lead to court action through ROs and career limitations through license discipline, New Jersey professionals have access to a robust defense. Emotions may run high when allegations of elder abuse arise, but retaining a team of well-known attorneys in New Jersey is the first step toward reclaiming a reputation and career.
The Lento Law Firm Criminal Defense Team stands ready to prepare a robust defense that ensures New Jersey professionals are protected against losing their ability to work. Our team brings to the table years of client representation regarding TROs and FROs related to elder abuse throughout New Jersey.
As your dedicated defense team, we proceed quickly to address the potential consequences to the lives and careers of licensees and understand what it takes to reach a beneficial resolution. Act with the seriousness the situation deserves and call the Lento Law Firm Criminal Defense Team now at 888-535-3686 or fill out our confidential consultation form, and we will contact you.