In the US, each year, nearly 1 in 10 over-65s face physical or sexual abuse. Physical or sexual abuse of the elderly can take many forms; however, in all cases, the accusations are serious. Should you be convicted of elder abuse, the consequences could impact every area of your life. Below, our attorneys discuss what constitutes elder physical and sexual abuse in NJ and how you might defend the accusations.
Do you need help defending an elder physical or sexual abuse matter? Discover how the Lento Law Firm Criminal Defense Team can assist by calling 888.535.3686 or leaving us a message online.
What Is Elder Abuse?
In NJ, elder abuse is defined in the Adult Protective Services Act as deliberately causing physical or mental pain or injury to an elderly individual. Elder abuse can take place in many settings, including:
- Family homes
- Hospitals
- Medical centers
- Assisted living facilities
- Nursing homes
- Other care facilities
This means that anyone, including healthcare professionals—and even family members—can be accused of elder abuse.
The most common types of elder abuse in NJ are physical abuse and sexual abuse, so let's consider how these are defined.
What Is Elder Physical Abuse?
Elder physical abuse means the infliction of actual pain or bodily harm upon an elderly person. Examples of physical abuse against the elderly include:
- Hitting
- Punching or shoving
- Kicking
- Throwing an object at the victim
However, it can also include placing the victim in reasonable fear of actual bodily harm or physical injury.
What Is Elder Sexual Abuse?
Sexual abuse against the elderly in NJ means subjecting the victim to any unwanted sexual contact, including touching, caressing, or stroking the individual. It could also mean forcing the victim to expose themselves or perform sexual acts upon themselves or the abuser.
Sexual abuse can occur over or under clothing, depending on the circumstances. It can occur in healthcare settings, such as during medical examinations or when the individual is being bathed or dressed.
Other Types of Elder Abuse
Elder abuse can take many forms. Alongside elder sexual and physical abuse, the three other major categories of abuse are neglect, abandonment, and emotional abuse.
- Neglect: The Adult Protective Services Act defines neglect as willfully failing to provide care or services that are adequate to protect a vulnerable person's health.
- Abandonment: Abandonment in an elder abuse context means leaving an elderly person in a situation that could jeopardize their health, safety, or welfare.
- Emotional Abuse: Emotional abuse against the elderly includes making threats, harassing them, or making humiliating comments. It can also include placing undue pressure, or undue influence, on the elderly person to make them take certain actions, e.g., leaving the abuser money or changing their will.
Should elder abuse be suspected in any form, individuals can report their concerns to Adult Protect Services (APS), which is the government agency responsible for investigating allegations of exploitation, neglect, or abuse against elderly victims. In healthcare settings, any healthcare worker or manager who suspects that a resident or patient is being abused is duty-bound to report their concerns.
It's possible to face charges or be investigated for more than one type of abuse, e.g., a defendant may face accusations of physically and emotionally abusing a senior citizen.
Criminal Charges for Elder Physical and Sexual Abuse
To be convicted of elder physical or sexual abuse charges in NJ, the prosecution must show, beyond a reasonable doubt, that the abuse took place as described and that the defendant is responsible. Should the charges result in a conviction, the penalties can range from fines to jail time.
It's crucial to note that, in NJ, abusing those aged 60 or over is considered an “aggravating” factor in a criminal charge. Therefore, penalties for those facing elder physical and sexual abuse charges could be more severe. Other aggravating factors include if the abuser has been convicted of domestic violence or abuse before or if the abuse involves the use of a weapon.
Elder Abuse and Domestic Violence
Elder abuse and domestic violence can be closely linked. Domestic violence means physically or mentally harming a person or threatening the person with harm if there's a domestic relationship between the victim and the abuser. Meaning for example, if an elderly relative lives with their children or other family members, and one of those relations harms the elderly person, it could be considered domestic violence.
What is considered domestic violence is like the acts which may be considered abuse, such as physically assaulting the victim or placing them in imminent fear of harm. It also includes coercive control, such as deliberately controlling the elderly person's movements for the abuser's gain or unfairly regulating their access to money and other services.
Civil Penalties for Elder Physical and Sexual Abuse
It's also possible to face civil investigations—and civil penalties–for elder physical and sexual abuse. In NJ, one of the most common civil penalties in such cases is a Protection from Abuse (PFA) order.
Protection from Abuse (PFA) Orders
A type of restraining order, a PFA order, protects domestic violence from further harm. It limits the abuser's ability to contact the victim or be physically close to them.
PFAs are initially issued on a temporary basis (temporary PFA) to protect victims until a final PFA court hearing can be scheduled. Should the judge deem it necessary to protect the victim, they will issue a final PFA.
Only household members, such as elderly relatives who share a home with the abuser, can file for a PFA. Should there be no qualifying domestic relationship, the victim may seek alternative civil remedies.
Defending Elder Physical and Sexual Abuse Allegations
There are various ways someone might defend elder physical and sexual abuse allegations. For example, in criminal cases, the defendant should strive to plant seeds of doubt that the incidents took place as described. In civil cases, they must aim to show, based on the preponderance of the evidence, that the events did not take place as described. The evidence a defendant may rely upon includes, for example, witness testimony, medical records, and photographs. Your attorney can explain how best you might defend such accusations depending on the nature of the case.
Long-Term Consequences of Elder Physical and Sexual Abuse Allegations
The possible long-term consequences of elder physical and sexual abuse investigations cannot be overemphasized. Merely being investigated for alleged acts of abuse against elderly persons carries a stigma that is not easily dismissed.
Imposition of PFA Orders
A protection from abuse order will limit a defendant's right to contact or see the victim, and it could also prevent them from returning to the family home. As such court orders can remain in place indefinitely, the defendant's life could be irrevocably changed by a PFA order.
Loss of Professional License
If the accusations result in a PFA order or even a criminal conviction, the defendant could lose their professional license—especially if they work with vulnerable individuals. Losing a professional license is a devastating and long-term consequence of elder physical and sexual abuse allegations.
Financial Consequences
The defendant may be required to pay civil penalties or ongoing maintenance, such as rent payments, as part of a PFA order. They may also face losing their job and a struggle to find employment at the same financial level.
Criminal Record
If the elder physical or sexual abuse allegations result in a conviction, having a criminal record could make it impossible for the defendant to pursue certain employment opportunities, such as a career in social work, medicine, or law enforcement. They may also lose promotion or education opportunities or be prohibited from volunteering in certain settings.
Loss of Family Relationships
If the alleged victim is an older relative, it's common for the defendant to feel ostracized by the family or to lose contact with other relatives. The defendant may feel isolated and uncomfortable around those they should feel closest to.
Appealing Elder Physical and Sexual Abuse Penalties
Whether it's a criminal conviction or a civil judgment, NJ laws afford individuals the right to appeal the court's decision. However, the procedures for appealing elder physical or sexual abuse decisions vary considerably depending on whether it's a criminal or civil matter. It's also only possible to appeal an elder abuse judgment in NJ if you can argue that the judge erred in some way, such as misapplying the law or imposing a disproportionate penalty. Your Lento Law Firm attorney can explain if there are grounds to appeal the judgment and, if so, how to navigate the process.
Why You Need an Attorney to Defend Elder Abuse Allegations
Although you may be tempted to handle such allegations alone, this may not be in your best interests. There are various reasons why you should, instead, retain the Lento Law Firm Criminal Defense Team.
- Experience: At the Lento Law Firm, we've had the privilege of defending our clients against complex abuse, domestic violence, and professional license matters. We will use this experience to represent your best interests effectively.
- Knowledge: With our knowledge of the civil and criminal legal procedures involved in elder abuse claims, you can rest assured knowing that your attorney understands the challenges you are facing––and how to rise to them.
- Commitment: We are committed to protecting your legal rights and preserving your fair access to justice from the moment you hire us.
- Diligence: Our attorneys will leave no stone unturned as we seek to bring your case to the most favorable possible conclusion as swiftly as possible.
Your case matters to our team. When you hire us, you can navigate this challenging legal process with confidence.
Experienced Elder Abuse Attorneys Working Across NJ
At the Lento Law Firm, we're passionate about justice. We understand that every individual deserves a fair trial, due process, and the chance to tell their side of the story. No matter where in NJ you are located, our attorneys are waiting to represent your best interests. We can assist clients in every county, including:
- Atlantic County
- Bergen County
- Essex County
- Hudson County
- Mercer County
- Salem County
- Warren County
Whether you're facing a domestic violence charge involving elder abuse or your professional license is at risk, the Lento Law Firm Team is waiting and ready to support you through this time.
Retain the Lento Law Firm Criminal Defense Team
If you're facing charges relating to elder physical or sexual abuse in New Jersey, you may feel overwhelmed, anxious, or nervous about what the future holds. Given the possible consequences of elder abuse charges, these concerns are completely understandable. However, you do not need to stand alone or attempt to handle these allegations yourself. Instead, trust the Lento Law Firm Criminal Defense Team to stand at your side. Our attorneys have the experience and knowledge to support you through this complex legal process, and we're committed to helping you secure the fairest possible outcome. Secure the representation you deserve by calling 888.535.3686 or telling us about your case online.
