Dependent Adult and Elder Abuse

Dependent Adult and Elder Abuse

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If you are in danger now or fear for your safety, please call “911.”

For more information about domestic violence, please call The National Domestic Violence Hotline (http://www.thehotline.org/) at (800)799-7233 (TDD – 800-787-3224).

The purpose of this section is to give you a broad outline of the legal actions available to you if you or your children are in danger or victims of domestic violence.  While we will provide all necessary assistance in completing any forms related to domestic violence, abuse, or harassment, we cannot provide counseling or psychological support.  We suggest you contact the National Domestic Violence Hotline (http://www.thehotline.org/) for information on resources and shelters available in your area.

Elder Abuse and Abuse of a Dependent Adult

Elder abuse and/or dependent adult abuse is defined as abuse as physical abuse or neglect, financial abuse, abandonment, isolation or abduction of someone who is 65 years or older, or an adult between 18 and 64 who cannot independently provide for their own care or well being due to mental or physical disabilities.  If a caregiver refuses aid in a way that deprives the elder or dependent adult of basic services, and as a result causes physical or mental suffering, then that caregiver may be liable for abuse.

If you are 65 years or older, or are an adult between the ages of 18 and 64 who is unable to provide basic self-care due to disability, then you can ask for an elder or dependent adult abuse restraining order.  The court will grant a restraining order if you are the victim of physical or financial abuse, neglect or abandonment, physical or mental harm, or deprivation from basic services needed to avoid physical, mental, or emotional suffering.  If your relationship with your caregiver qualifies you for a domestic violence restraining order, you may need to meet with a lawyer to determine which restraining order is most appropriate.

If you do not qualify for an Elder Abuse or Dependent Adult Abuse restraining order, you may still qualify for a domestic violence restraining order, a civil harassment restraining order, or a workplace violence restraining order.  Click here to learn more:

Domestic Violence Restraining Order

Civil Harassment Restraining Order

Workplace Violence Restraining Order

Once you have a restraining order in pace, the restrained person will be barred from contacting you, your children, or other members of your household.  The restrained person will not be allowed to appear at your home, work, or locations you commonly frequent (like your children’s school, or your gym).  If the restrained person is residing in your home, they will be required to move out.  The restrained person will also be required to hand over any firearms in their possession to the court for the duration of the order.  In some states, court issued restraining orders are entered into a statewide computer system that allows law enforcement to track and enforce active restraining orders.

If you receive a restraining order, some of your activities will be limited by court order.  You may have to move out of your home, and you will be required to avoid any locations listed as “off limits” in the order.  You will have to turn over any firearms in your possession, and you will be barred from buying any firearms while the restraining order is in effect.  If you are a resident immigrant, your immigration status may also be affected, and you will need consult an immigration lawyer.  If you violate any portion of the restraining order, you could face sanctions, fines, and jail time.

For more information on restraining orders, click here.

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