How Elder Abuse Charges Impact Your Employment

Elder abuse charges can have profound implications on employment, whether individuals work directly in healthcare, serve as a caretakers, or hold a position that requires professional licensure. New Jersey investigates and adjudicates allegations of elder abuse to the fullest extent of the law, and harming a vulnerable adult triggers public scrutiny that can disrupt personal and professional reputations before judicial findings emerge. Moreover, numerous professions—particularly those in elder care, social services, and medical fields—are governed by licensing boards that will launch independent investigations to assess whether the accused remains fit.

As New Jersey applies stricter laws to compensate for an aging population, individuals charged or convicted of elder abuse face professional sanctions such as license suspension or revocation, accompanied by steep fines and possible imprisonment. While allegations may catch most by surprise, one thing remains certain in any case: the Lento Law Firm stands ready as your dedicated ally in defense.

The Lento Law Firm Criminal Defense Team provides guidance on how to navigate criminal and administrative challenges stemming from ongoing or resolved elder abuse cases. By examining both the immediate and long-term consequences, we aim to offer a clear, straightforward strategy to safeguard a career. 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?

Elder abuse is a broad term encompassing physical and emotional mistreatment, financial exploitation, and neglect of older, typically semi-dependent adults. There are multiple laws protecting seniors and other vulnerable adults, with the following providing legal safeguards in a community, residential assistive care, or facility setting:

  • Prevention of Domestic Violence Act (PDVA): prohibits the mistreatment of older adults as victims of domestic violence, thus covering abuse by a live-in caretaker or extended and in-law family members.
  • Adult Protective Services (APS) Act: provides protections for vulnerable adults in a community setting.
  • Mandatory Adult Abuse and Exploitation Reporting Law: compels healthcare workers and others to look for suspected abuse with aging, vulnerable adults.

While the laws cover individuals aged 18 and older who have physical or mental impairments, they are applied to older adults who meet the statutory definition of "vulnerable." Under the APS, they are those in a community setting (not institutionalized) who lack sufficient understanding or capacity to make, communicate, or carry out decisions concerning their well-being. For institutionalized vulnerable adults, protections are provided through the New Jersey Long-Term Care Ombudsman.

Common Types of Elder Abuse

The APS Act grants each New Jersey county the authority to receive and investigate reports of suspected abuse, neglect, and exploitation of vulnerable adults in the community. With the rise in the state's aging population, abuse takes on different forms and can affect individuals differently. Nevertheless, the following are common forms:

  • Abandonment: deserting a vulnerable older adult after assuming responsibility for their well-being.
  • Emotional Abuse: causing vulnerable adults mental distress, anguish, or pain with words or nonverbal acts.
  • Financial Exploitation: concealing, misappropriating, or holding without authorization a vulnerable adult's assets, finances, or property.
  • Neglect: withholding basic care from a vulnerable adult.
  • Physical Abuse: threatening or inflicting bodily harm on a vulnerable adult.
  • Sexual Abuse: non-consensual sexual contact with a vulnerable adult.

To increase the number of reports of suspected abuse to older adults, New Jersey enforces reporting for many of the state's licensed professionals. Therefore, it's imperative individuals know that they have a duty to look for signs of elder abuse.

Elder Abuse Mandatory Reporting

New Jersey maintains strict laws related to the reporting of elder abuse to seniors and guarding them from physical, emotional, or financial harm. The APS Act compels the following professionals to report suspected cases of abuse of vulnerable adults in community settings:

  • Emergency medical technicians
  • Healthcare professionals
  • Law enforcement officers
  • Firefighters
  • Paramedics

Although the APS protects seniors in conventional community settings, other New Jersey laws provide oversight for those in various types of facilities. If a vulnerable adult suspected of being a victim of abuse resides in a rooming or boarding house, residential care, or assistive living facility, staff members must report to APS or the New Jersey Department of Human Services (DHS). For professionals working with institutionalized seniors, the New Jersey Long-Term Care Ombudsman must receive reports from the following:

  • Caretakers
  • Registered and licensed practical nurses
  • Social workers
  • Physicians
  • Facility staff members

While institutional personnel must report when they have a "reasonable cause to suspect or believe that an institutionalized elderly person is being or has been abused or exploited" to state authorities, they must also contact local police immediately. Nevertheless, the term "immediately" also depends on the details of the incident.

For instance, if healthcare workers or facility staff hold a suspicion or belief that the suspected abuse may result in serious bodily injury, "immediately" means no more than two hours after forming the suspicion or belief. However, in situations where abuse is not suspected to produce bodily harm, "immediately" means within 24 hours.

What Happens If Individuals Fail to Report Elder Abuse Allegations?

If licensed professionals and others rendering care for seniors fail to report elder abuse allegations or report them outside of the time limits, they face discipline. Under the APS Act, failure to report in a timely manner can result in a fine of not more than $500 for an individual and no more than $2,500 for an employer facility.

Additionally, licensing boards (health-related and otherwise) may investigate whether the failure to report constitutes unprofessional conduct or an ethical violation. Depending on the outcome, the professional could face sanctions. If a vulnerable adult suffers additional harm due to a mandated reporter's inaction, the reporter could be exposed to civil lawsuits. Courts may also pursue criminal charges in some cases when omissions contribute to preventable significant harm.

How Does New Jersey Investigate Elder Abuse?

Investigations into elder abuse allegations will take different forms depending on the victim's setting. In the community atmosphere, APS caseworkers will visit the senior's home, and interview the individual and any witnesses, including family members, in-home caregivers, and external medical providers, if applicable.

In a nursing home or assisted living facility, representatives from DHS or the Ombudsman's office conduct an on-site evaluation. Investigators conduct interviews with victims, staff members, and potential witnesses, as well as review medical records and facility policies to uncover violations of state regulations or resident rights.

Evidence that is likely to substantiate allegations of elder abuse may include:

  • Unsafe living conditions that provide signs of neglect
  • Suspicious bank account or credit activity indicating financial exploitation
  • Extreme changes in personality and response due to emotional or physical abuse

If caseworkers or investigators discover signs of criminal activity, they will notify local law enforcement. Those alleged to have committed elder abuse—both individuals and facilities—commonly face criminal charges.

Potential Legal Consequences of Elder Abuse Charges

In New Jersey, the legal consequences of elder abuse can be severe. Depending on the details of the allegations, individuals may face charges under the APS Act, PDVA, or general criminal statutes like disorderly persons offenses or indictable offenses.

With criminal charges stemming from abuse, fraud, neglect, or theft, those accused face the following levels of charges:

  • 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.

Additionally, victims of elder abuse can pursue civil lawsuits seeking compensation for damages, including medical expenses, pain and suffering, and emotional distress. If the abuse occurred in a nursing home or assisted living facility, the institution may also be held liable.

Can Elder Abuse Result in Restraining Orders?

Since elder abuse can be classified as domestic violence in certain circumstances, victims can seek restraining orders (ROs). If the alleged abuser is a family member or a live-in care provider, the Family Division of the New Jersey Superior Court or the county municipal court can provide injunctive relief.

If a court determines with substantive evidence that the victim has their life, health, or well-being threatened, the court may grant a temporary RO, also known as a TRO. Moreover, New Jersey courts can institute order on an ex parte basis, meaning without the accused present. TROs remain until the court schedules a hearing within ten days, where parties have the opportunity to present testimonies to the judge before a potential final restraining order (FRO) is issued.

Can Elder Abuse Charges Affect Employment?

Elder abuse charges can immediately affect employment through the issuance of TROs. Many professionals, especially those who receive the authority to work through licensing boards, must be clear of civil action. Doctors, nurses, and healthcare workers who are served TROs are often required to stay far from the accuser, meaning they can be trespassed from their employer facilities due to court action. In some situations, an employer may place an accused worker on administrative leave until the matter is resolved.

While elder abuse charges do not automatically strip a licensed professional of their credentials, they can initiate board investigations. Nevertheless, TROs have professional implications for licensed individuals—whether they are healthcare providers, teachers, social workers, accountants, or others regulated by a state licensing board. They hold a broad discretion to investigate conduct if charges raise questions about moral character or professional fitness, which may lead to formal reprimands.

How Do Elder Abuse Convictions Affect Employment?

Elder abuse convictions can result in long-term or permanent disqualification from certain roles, especially those involving direct patient care or financial responsibilities for vulnerable clients. First and foremost, background checks are a common step in the hiring process for most industries, and any convictions—especially those related to harming vulnerable adults—may immediately raise red flags for employers.

In terms of healthcare professionals, licensees often practice in multiple states through reciprocity regulations. However, if convictions lead to license discipline in New Jersey, it will affect their standing to practice or work in other jurisdictions. Even after debts are repaid from convictions to the state, accusers, and licensing authorities, individuals still face reputational damage that is nearly impossible to overcome. While those convicted may expend years to regain the career they had, the first line of defense lies when allegations arise.

The Lento Law Firm Provides Dedicated Elder Abuse Defense

When New Jersey's licensed professionals face elder abuse charges, the stress associated with the potential loss of employment can be too much to handle for many. Though healthcare workers, nurses, and others caring for vulnerable adults are competent in their craft, they must endure the following:

  • Local courts issuing TROs without them present
  • Loss of employment and income (even if temporary)
  • Suspension or revocation of credentials in New Jersey and other jurisdictions
  • Financial stress from fines and victim restitution

Even if allegations prove to be false, it may take a month or years-long journey through the New Jersey criminal justice system to come to that outcome. Unfortunately, by that point, reputational damage from allegations and employment restrictions can easily end a long and rewarding career.

The Lento Law Firm Criminal Defense Team understands that allegations of elder abuse can quickly expand into life-altering situations. We are well-known throughout New Jersey for our work in assisting those accused of elder abuse defend against criminal charges, civil actions like TROs and FROs, and the administrative procedures licensing boards use to discipline professionals.

As your dedicated defense team against elder abuse charges, we proceed quickly to address the potential consequences, from civil orders to licensing restrictions, to ensure the longevity of your career. 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.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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