Domestic abuse is tragic on many levels, perhaps none more so than the fact that domestic abuse victims are often the most vulnerable members of society. That includes the elderly, and New Jersey has taken aggressive steps to eliminate elder abuse. Every county in the state has an Adult Protective Services (APS) division responsible for investigating allegations of elder abuse and offering victim services.

Are you being investigated by APS for elder abuse? The highly charged nature of elder abuse cases creates tremendous pressure on APS and law enforcement to find and punish the perpetrator. This can lead to people rushing to judgment or infringing on your rights in criminal cases where the penalties for abusers can be severe. Protect yourself. Call the Lento Law Firm Criminal Defense Team at 888-535-3686 or contact us online today.

Who Is Eligible for APS Protection

APS is a public agency that protects vulnerable adults. Under New Jersey law, a vulnerable adult is anyone who falls into the following categories:

• Over 18
• A resident of the county
• Cannot act in their own self-interest or communicate adequately (usually due to a combination of age, illness, and mental capacity)
• Is being neglected, abused, or exploited in some fashion

APS protections extend to anyone in the community, and they can investigate allegations of abuse, neglect, or mistreatment in private homes or places not already under the purview of a state agency (e.g., private nursing homes, educational facilities)

Who Can File a Complaint With APS?

Anyone who has knowledge of or believes they have witnessed an act of exploitation, abuse, or mistreatment of a vulnerable adult can make a report to their county's APS. Once the report is made, APS will conduct what is known as an “assessment.” During the assessment, they may interview the vulnerable adult and question people in the vulnerable adult's immediate circle.

The assessment will look for obvious signs of abuse and mental or physical decline by the vulnerable adult. They will also assess the environment where the vulnerable adult lives and evaluate its overall fitness for someone in their condition. In extreme cases, they can petition for a court order to remove the vulnerable adult from the unsafe environment or forward their report to law enforcement authorities for prosecution.

What Is the Penalty for Elder Abuse?

Elder abuse is a very serious offense in New Jersey, and law enforcement authorities regard it as a form of domestic violence. It is a third-degree felony punishable by prison terms between three and five years. Abandoning or neglecting an elderly person by leaving them to their own devices without access to things like food, water, and/or care is also considered a crime.

How to Protect Yourself in Elder Abuse Cases

Although elder abuse is a terrible crime, being accused of this offense doesn't automatically make you guilty. Sometimes, elderly people suffering from dementia or other ailments can be very difficult to care for or be abusive to other family members.

This could make it appear as if they're being neglected when you lack the tools to properly care for them. You can still protect yourself if you're being accused of elder abuse or under APS investigation. Call the Lento Law Firm Criminal Defense Team at 888-535-3686 or contact us online today!