DOMESTIC ABUSE IN LATER LIFE STORY: Julie is sixty-two years old and has lived in her current home for thirty-one years. Her husband died three years ago. She suffers from high blood pressure, arthritis and some dementia. Although she used to be active in her church and the community, she is now afraid to drive and stays home most days. Last year, her son moved in to help her with yard work, chores, and transportation.
The arrangement with her son has not worked out as she planned. He lost his job shortly before moving in with her, something he forgot to mention when they were making plans. In the beginning, he went out on interviews.
Recently it seems the “interviews” are visits to the local bar. Even though Julie does all the laundry and prepares their meals, her son insists that she sign over her Social Security check every month. The time she argued with him, he slapped her hard across the face. Now she simply signs the checks without complaint. Last week he took some of her prized antiques and jewelry. She is afraid to ask where they are. Around her neighbors, her son is charming and attentive. They think Julie is fortunate to have a devoted son. She is afraid if she tells anyone about his behavior, no one will believe her. Who would believe that he forces her to watch pornographic movies? He also threatens to send her to a nursing home. Even if someone did believe her, what would happen to both of them? She doesn’t want to leave her home. She certainly doesn’t want him to end up in jail.
• Elder abuse can occur in personal homes, institutions, such as nursing homes, or in the community.
Family members or caregivers perpetrate the majority of elder abuse. This is referred to as domestic or family violence in later life. Family relationships include long-term marriages/partnerships, recent marriages/partnerships, and relationships between the elderly and their adult children or grandchildren. Caregivers may be paid or unpaid for the assistance they provide, such as help eating, toileting, bathing, or getting around. Some caregivers live with the victim; others come to the home for a specified number of hours. Often caregivers have an ongoing, personal relationship with the older person they care for. Because the majority of victims are female, we will focus on women. However, many of the intervention strategies discussed may also apply to male victims. Each state has its own definition of elder abuse. Definitions usually include physical and sexual abuse, financial exploitation, and neglect and self-neglect. Generally, these forms of abuse are used in combination along with emotional abuse, threats, coercion, and isolation. Professionals such as lawyers, health care providers, social workers, and financial planners are in a unique position to identify elder abuse and domestic violence. Because most victims are reluctant to acknowledge and most professionals neglect to ask, many key issues that affect the matters presented by clients are overlooked. Some victims may not understand how their decisions could compromise their safety. Others may find themselves being pressured by family members to make decisions that are not in their best interest.
A professional can help clients resolve difficult decisions more effectively by understanding key family violence dynamics. This article will answer in detail four broad questions: (1) What is abuse in later life?; (2) What can a professional do to help intervene? ; (3) What criminal and civil laws address elder abuse?; and (4) What interventions are most helpful for older victims of family violence?
All fifty states and the District of Columbia have investigation systems for suspected elder abuse and statutory definitions of “elder.” Some states define “elder” as age sixty and older. Other states have designated age sixty-five and older. In the remaining states, elder abuse is included in abuse against vulnerable adults.
Adult protective services agencies respond to abuse of any vulnerable adult, eighteen years or older.
What Relationships Do Victims Have with Their Abusers?Most victims have an ongoing relationship with their abuser. Victims may want different remedies based on the type of relationship they have with their abuser. Often victims of violence perpetrated by strangers want the abuser to be punished. In contrast, victims with ongoing relationships with the abuser often want the abuse to stop but the relationship to continue. Like Julie, and they fear that the abuser will end up in jail or a psychiatric facility or on the streets.
Elder Abuse: Nearly 77 million people, more than a quarter of the total US population, are age 50 or older (US Census Bureau, 2000). In Canada the percentage is similar with 28.7% of Canada’s 31 million residents age 50 or older (Statistics Canada, 2001). National surveys also suggest that domestic violence is widespread in the United States and Canada (Bureau of Justice Statistics Special Report, 1995; Family Violence in Canada, 2002).
Estimates indicate that one million Americans 60 years of age or older are abused in their homes annually while only one case in 14 is ever reported. (1, 2) Like their younger counterparts, older victims often choose not to report for a multitude of reasons fear, shame, and isolation, perceptions about available options and concerns about the person who is hurting them. If victims have health problems limiting their independence and the perpetrators are also their caretakers, concerns about who will provide the care or whether they will be moved to a nursing home also can become issues. Studies point out that abuse in later life is most often long-term abuse, also known as domestic violence grown old (3), and that the abuser is usually the intimate partner.
We have entered an era commonly called the “Aging of America.” (1) Currently, 44 million Americans are over age sixty. (2) By the year 2030, 70 million Americans will be over the age of sixty-five. (3) Furthermore, and “one in four elderly Americans will be a member of a minority group.” (4) We have long recognized that abuse and domestic violence transcends racial, ethnic, and socio-economic boundaries. More recently, we have discovered that domestic abuse knows no age limit. (5) Elder abuse is a growing but often hidden problem in the United States. (6 ) It affects hundreds of thousands of elderly people, yet it remains significantly underreported. (7) Despite this fact, “from 1986 to 1996 there was a steady increase in the reporting of domestic elder abuse nationwide.” (8)
1. See Administration on Aging, The Administration on Aging and the Older Americans Act (visited Oct. 10, 2000) <http://www.aoa.dhhs.gov/aoa/pages/aoafact.html>.
2. See Administration on Aging, The Administration on Aging and the Older Americans Act (last modified Nov. 6, 1998) <http://www.aoa.dhhs.gov/may97/aoa-oaa.html>
3. See Administration on Aging, The Growth of America’s Older Population (visited Sept. 26, 2000)
http://www.aoa.dhhs.gov/may97/growth.html4. Administration on Aging, Older Women: A Diverse and Growing Population (last modified Mar. 2, 1999)
http://www.aoa.gov/factsheets/ow.html5. One study estimates that almost one-half million older persons in domestic settings were abused or neglected. Additionally, persons 80 years and over are abused or neglected at two to three times their proportion of the elderly population. See Administration on Aging, Elder Abuse Prevention (last modified May 16, 2000)
http://www.aoa.gov/factsheets/abuse.html6. See National Ctr. on Elder Abuse, Types of Elder Abuse in Domestic Settings (visited Sept. 4, 2000)
http://www.gwjapan.com/NCEA/basic/fact1.pdf7. See Karl Pillemer & David Finkelhor, The Prevalence of Elder Abuse: A Random Sample Survey, 28 GERONTOLOGIST 51, 54 (1988). One study estimated that only one in fourteen cases of elder abuse is reported to authorities. See id. at 56; cf. Administration on Aging, supra note 2 (estimating that one in five cases of abuse go unreported)
8. NATIONAL CTR. ON ELDER ABUSE, TRENDS IN ELDER ABUSE IN DOMESTIC SETTINGS 1 (Elder Abuse Info. Series No. 2, 1997). Over this 10-year period, reports of elder abuse rose from about 117,000 to 293,000, which represent a 150% increase. See id.
The forms of abuse older victims described are similar to those experienced by other victims of domestic violence, but can be exacerbated by age, declining health and special needs all of which the perpetrator can use to control the victim (limiting access to medical care, over-medicating, withholding assistive devices, etc.). There are some differences, however, in the experiences of older victims as they tend to be invisible to the general population because of ageism and the cultural norms of their generation. They also are much less likely to call a local domestic violence program, so go unidentified in data.
Assisting an older person in need of safety and support while assuring the individual’s right to self-determine can present significant challenges to service providers and others concerned about that persons well-being.
It should be noted that in some states, elder abuse does not carry a mandatory reporting requirement except in certain institutional settings.
1. Tatara, T. Summaries of the statistical data on elder abuse in domestic settings for FYs 95 and 96. Washington, DC: National Center on Elder Abuse (NCEA). 1997.
2. Pillemer, K. & Finkelhor, D. The prevalence of elder abuse: A random sample survey. The Gerontolgist, 28(10)51. 1988.
Prevalence:• In 1999, an alarming 470,702 cases of abuse and neglect were reported to adult protective services throughout the United States, a 62% increase since 1996. (National Center on Elder Abuse, 2001).
• The National Elder Abuse Incidence Study found that in almost 90% of cases the perpetrator was family member. (National Center on Elder Abuse, 1998).
• According to PCADV Subcontractor reports, 1,655 victims age 60 and older received services in 2006 from a domestic violence program.
• Abuse and neglect of older adults is a complex area. The many forms of abuse and neglect are not acceptable; some forms are against the law.
• There is no one simple explanation for why abuse or neglect occurs.
• Some situations involve spouses; some involve adult children or grandchildren or other relatives. Others involve paid caregivers or family members who are giving care.
Some abuse and neglect may — • reflect ageism,
• be part of a cycle of family violence, or
• be opportunistic behavior.
Abuse and neglect may also reflect a lack of understanding and knowledge about older adults and aging. Stereotypes and misconceptions about aging and older people may lead to ageist attitudes that older adults are not deserving of respect.
Some people use violence and control in their relationships with other people. Some people have negative beliefs about older people, while others do not treat older adults with respect. Some people incorrectly feel they are entitled to an older adult's property, simply because the person is old, or because they are helping the older adult, or because of their position in the family.
Some people experience personal problems or stresses that may increase their risk of harming or neglecting others. Some simply become overwhelmed or do not know more positive ways of relating. Limited financial resources may create family tensions that may lead to abuse or neglect.
It does not matter who the abuser is, or why the person is abusing an older adult. No one deserves to be abused or mistreated.
Older adults can experience several different kinds of harms from people they rely on or trust. Abuse and neglect in later life can affect an adult's health, happiness and safety.
Abuse is not limited to older adults of any particular culture, ethnic group, social background or religion. Abuse of older adults can occur at home, in the community or in institutional settings. Those who abuse are most often family members (the person's spouse or children), but they can also include friends, landlords and staff.
What types of abuse or neglect can older adults experience?
Abuse and neglect can take many forms, including physical, emotional, financial, sexual, spiritual or social. Some types of abuse and neglect violate the older adult's basic rights and several types are crimes.
Physical abuse includes violence or rough treatment, even if it does not leave an injury. A push that might not hurt a younger person can be very harmful to an older adult.
Emotional abuse includes name calling, intimidation, threats or any treatment that offends an older person's sense of dignity and self-worth. Emotional abuse is often a way that people attempt to control an older person.
Financial abuse is the most common form of abuse that older adults face. Examples of financial abuse include pressuring an older adult with requests for money; family or other people using an older adult's property or money without the person's full knowledge and consent or the improper use of power of attorney.
Sexual abuse is when a person pressures an older adult for intimacy or sexually harasses or sexually assaults them. Sexual abuse can also include sexual comments or jokes, touching or leering. People of any age can experience sexual abuse, and it happens more often to older women than older men.
A violation of rights means ignoring older adults' rights to privacy, information or community supports. In some cases, rules or policies may violate an older adult's rights.
Neglect refers to situations where a person has a duty to provide care or assistance to an older adult, but does not. For example, the caregiver might stop paying the bills or providing food, medication or other forms of assistance that the older adult needs. Some people may do this on purpose. Others simply do not know how to help.
Why does abuse happen? Some people learn to use violence and control in their relationships with other people. Many people in society have negative beliefs about older people or may not understand them. Others do not treat older adults with respect. This may increase the risk of abuse or may be the excuse people use for their abusive behavior.
Some people experience personal problems or stresses that may increase their risk of harming or neglecting others. Living together with older adults or poverty may create family tensions and may lead to abuse or neglect. In some cases, family pride can keep abuse hidden, but caring communities can also help protect people from abuse and neglect. It does not matter who the abuser is, or what the person's reason is, no one deserves to be abused or mistreated.
Abuse and neglect will hurt:
When abuse or neglect happens to an older adult, it often affects the person's physical and emotional health. Abused older adults lose trust and sometimes begin to question their own judgment and decision making. They can feel depressed and even suicidal. Abusers can also feel mixed emotions about their harmful behavior. Abuse and neglect have significant impacts on families and communities.
Abuse and neglect can be prevented:
Abuse or neglect rarely stops by itself. It takes many people working together to make it stop. You can help an abused or neglected senior to get help and prevent the situation from getting worse.
• Recognize abuse and neglect and speak up about it.
• Listen to the older person in a non-judgmental manner.
• Respect the person's choices.
• Know where to call to get information.
If you are a service provider working with older adults: help older adults and families learn more about their rights and responsibilities; help older adults build or regain their confidence and skills; help to reduce the person's social isolation; and have appropriate resources in place to help older adults and families.
AGING SERVICES:What Are Aging Services? Programs for persons age 60 and older.
Who Is Eligible for Services? Persons age 60 and older.
What Types of Services Are Available?
▼ * Crisis Counseling – help and advocacy to live in safety and peace.
▼ * Support Groups – specific groups for the elderly which are age appropriate care.
▼ * Emergency Shelter or Transitional Housing – a safe haven to reside from the abuse.
▼ * Apprise – health insurance counseling and advice and paperwork assistance with health insurance
claims and billing.
▼ * Assessment – of anyone considering application for assisted living or nursing home placement,
including help with application for Medicaid payment.
▼ * Benefits counseling – assistance in securing any and all state and federal programs or discounts for
Seniors.
▼ * Family caregiver support program – reimbursement for part of the cost of caring for an elderly
relative who is living with caregiver… like supplies, equipment, home modification,
private pay help, adult day care, etc.
▼ * In-home services – may include meals-on-wheels, personal care and home support, respite.
▼ * Legal services – legal advice and wills and powers of attorney preparation for low-income persons.
▼ * Medical equipment (loan program) – walkers, wheelchairs, bedside commodes, toilet extenders,
etc., to borrow at no cost for as long necessary
▼ * Older worker employment services – training, referral and placement for persons age 55 and over.
▼ * Ombudsman – investigation of complaints and arbitration to ensure long-term care facility resident
Rights.
▼ * Senior centers – hot lunches, aerobics, special dinners, recreation trips, varied programs and
Activities.
▼ * Transportation – to medical appointments, grocery stores, banks, pharmacies, senior centers.
How Are Clients Identified? Self- referral and agency, church, friends or family referrals.
Where Are Services Located? Locations vary, depending on the service. For more information, contact the Local domestic violence center or local senior center.
How Long Do Services Last? Aging services are provided as long as the older adult needs them. Aging care managers make regular home visits for reassessment to determine if additional services should be provided or if changes in the care plan are needed. Most services through a Domestic Violence Center are Free of Charge.
How Can Clients Contact Services? Contact the local Domestic Violence Center in the city or county in which the older adult lives. Most telephone numbers of Domestic Violence Centers are listed in the front of the phone book under Crisis Center.
ELDER ABUSE REPORTING LAWS:In the Protective Services program, there are two types of reporting – voluntary and mandatory.
Note: Most battered women’s advocates are mandatory reporters, however, the laws do vary
from state to state.
Voluntary Reporting:▼ Any person who believes that an older adult is being abused, neglected, exploited or abandoned may file a report 24 hours a day with any Statewide Elder Abuse Hotline at 800-490-8505.
▼ Abuse reports can be made on behalf of an older adult whether the person lives in the community or in a care facility such as a nursing home, personal care home, hospital, etc.
▼ Reporters may remain anonymous.
▼ Reporters have legal protection from retaliation, discrimination and civil or criminal prosecution.
Mandatory Reporting:▼ Employees and administrators of nursing homes, personal care homes, domiciliary care homes, adult day care centers and home health care are mandatory reporters. If the abuse involves serious injury, sexual abuse or suspicious death, reporters must also call police and the State Department of Aging.
▼ Failure to report as required by the law can result in administrative or criminal penalties. Every report of abuse received by the State must be investigated to determine if the reported victim needs protection from abuse, neglect, exploitation or abandonment. Each report must be classified as emergency, priority or non-priority. Emergency reports are investigated immediately; non-priority reports are investigated within 72 hours. Once the incident has been identified as protective and it has been determined that service provision is necessary the State in most cases must have the older adult's consent to provide protective services. Permission is not required if the services have been ordered by a court, requested by the older adult's court-appointed guardian, or provided as part of an involuntary, emergency intervention court order because of imminent risk of death or serious physical injury. All services offered to victims of abuse, neglect, exploitation or abandonment must be based on a comprehensive assessment of the victim's needs and described in a written service plan presented to the victim for her/his approval.
Safeguards for Those Who Make or Receive Reports:▼ Protection from retaliation – under the law, a person or entity who takes discriminatory, retaliatory or disciplinary action against an employee or other person who makes a report, against a person who cooperates with the agency to provide testimony or other information about a report, or against a victim of abuse, commits a violation of the act. The person who takes the discriminatory, retaliatory or disciplinary action is subject to a civil lawsuit by the person who made the report, the victim of abuse named in the report, or the person who cooperated with the agency. If the court, which hears the lawsuit, decides in favor of the plaintiff, the plaintiff shall recover triple compensatory and punitive damages or $5,000, whichever is greater, from the person or entity, which committed the violation.
▼ Immunity from liability – as provided under the law, a person who participates in the making of a report or who provides testimony in an administrative or judicial proceeding arising out of a report shall be immune from civil or criminal liability because of these actions unless the person acted in bad faith or with malicious purpose. The act does not extend this immunity to liability for acts of abuse, neglect, exploitation or abandonment, even if the acts are the subject of the report or testimony.
ARREST LAWS:
Some states do not have mandatory arrest provision in the law for domestic violence crimes.
Probable Cause Arrests in Domestic Violence Cases:
General Rule – a police officer shall have the same right of arrest without a warrant as in a felony whenever he has probable cause to believe the defendant has violated the law of any given state.
Arrest for Violation of Order:
General rule – an arrest for violation of an order issued pursuant to the law or a foreign protective order may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer in circumstances where the defendant has violated a provision of an order consistent with the law, Some states allow the police officer to verify the existence of a protection order by telephone, radio or other electronic communication with the appropriate police department or protection order file or issuing authority. A police officer shall arrest a defendant for violating an order issued under the law by a court within the judicial district, issued by a court in another judicial district within this Commonwealth or a foreign protection order issued by a comparable court.
Some provisions include:▼ * Directing the defendant to refrain from abuse
▼ * Granting the plaintiff (protected party) the residence or household to the exclusion of the defendant
▼ * Awarding temporary custody of the minor children to the plaintiff
▼ * Prohibiting the defendant from contact with the plaintiff or minor children
▼ * Ordering the defendant to relinquish and not acquire or possess weapons
▼
Prohibiting the defendant from stalking or harassing the plaintiff Other circumstances that require arrest occur after a bench warrant has been issued, and then only after the defendant has been given due process notice of the proceeding s/he was to attend. Furthermore, there is no one specific crime of domestic violence in Pennsylvania. Consequently, under general circumstances an officer may arrest when sufficient probable cause is found, but they are not mandated to so do. In addition, a warrantless arrest may be executed if the defendant has a “family or household” relationship with victim and when the officer believes the defendant has committed any one of the following crimes:
▼ * Involuntary manslaughter
▼ * Aggravated assault
▼ * Reckless endangerment
▼ * Terroristic Threats
▼ Harassment and Stalking The Probable Cause Arrest Statute. The term “family or household” relationship is defined in the Protection From Abuse. There are no other statutory provisions in some Crimes Code or the Domestic Relations Code that require arrest in domestic violence cases.
DOMESTIC VIOLENCE-RELATED CRIMES : Some definitions may vary from State to State.
Aggravated Assault: A person is guilty of aggravated assault if he:
▼ attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life;
▼ attempts to cause or intentionally, knowingly, or recklessly causes serious bodily injury to any of the officers, agents, employees…or to an employee, agency, company or other entity engaged in public transportation, while in the performance of duty;
▼ attempts to cause or intentionally or knowingly causes bodily injury to any of the officers or other persons enumerated in subsection (c) [including police officers, firefighters, adult/juvenile probation and parole officers/ agents, sheriffs or deputies, liquor control agents, etc.];
▼ attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
▼ attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school; or
▼ attempts by physical menace to put any of the officers, agents, employees or other erosions, while in the performance of duty, in fear of serious imminent bodily injury.
Simple Assault: A person is guilty of simple assault if he:
▼ attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another;
▼ negligently causes bodily injury to another with a deadly weapon;
▼ attempts by physical menace to put another in fear of imminent serious bodily injury.
Unlawful Restraint: A person is guilty of unlawful restraint if he knowingly:
▼ restrains another unlawfully in circumstances exposing him to risk of serious bodily injury;
▼ holds another as a condition of involuntary servitude.
False Imprisonment: A person is guilty of false imprisonment if he:
▼ knowingly restrains another unlawfully so as to interfere substantially with his liberty.
Recklessly Endangering: A person is guilty of recklessly endangering another if he:
▼ recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.
Terroristic Threats: A person is guilty of terroristic threats if he:
▼ communicates, either directly or indirectly, a threat to:
• commit any crime of violence with intent to terrorize another;
• cause evacuation of a building, place of assembly or facility of public transportation; or
• otherwise cause serious public inconvenience, or cause terror or serious public inconvenience
with reckless disregard of the risk of causing such terror or inconvenience.
Harassment: A person is guilty of harassment when, with intent to harass, annoy, or alarm another, the person:
▼ strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same; follows the other person in or about a public place or places; or engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose.
Stalking: A person is guilty of stalking when he:
▼ engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either of the following:
• an intent to place the person in reasonable fear of bodily injury
• an intent to cause substantial emotional distress to the person.
Rape: A person is guilty of rape when he or she engages in sexual intercourse with a complainant:
▼ By forcible compulsion
▼ By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
▼ Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance:
▼ * Who suffers from a mental disability which renders the complainant incapable of consent
▼ * Who is less than 13 years of age.
Statutory Sexual Assault: A person is guilty of statutory sexual assault when that person:
▼ Engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.
Involuntary Deviate Sexual Intercourse: A person is guilty of involuntary deviate sexual intercourse when he or she:
▼ Engages in deviate sexual intercourse with a complainant:
• By forcible compulsion
• By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
• Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring
• Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other mean for the purpose of preventing resistance
• Who suffers from a mental disability which renders him or her incapable of consent
• Who is less than 13 years of age
• Who are less than 16 years of age and the person are four or more years older than the complainant and the complainant and the person are not married to each other.
Sexual Assault: A person is guilty of sexual assault when that person:
▼ Engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.
Aggravated Indecent Assault: A person is guilty of aggravated indecent assault when a person:
▼ Engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures. A person commits aggravated indecent assault, if the:
• Person does so without the complainant’s consent
• Person does so by forcible compulsion
• Person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
• Complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring
• Person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance
• Complainant suffers from a mental disability which renders him or her incapable of consent
• Complainant is less than 13 years of age
• Complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.
PROTECTION FROM ABUSE ORDERS Preventing Abuse with a Protection From Abuse Order:
A Protection From Abuse (PFA) order (in some States they are called Injunctions or Restraining Orders) is a binding civil court order that prohibits batterers from harming their victims again. These orders can be a critical component of a battered woman’s safety plan.
These orders can be effective in:
▼ * Deterring repeated incidents of physical and/or sexual abuse
▼ * Helping a battered woman achieve safety for herself and her children
▼ * Legitimizing her right to be free from violence
▼ * Holding a batterer accountable in a court of law
▼ * Demonstrating that a battered woman has access to, and the support of, the legal system
▼ * Linking her to community resources
Providing Relief to Battered WomenIn addition to ordering the abuse to cease, PFAs (IFPs or ROs) also may include such lifesaving provisions as:
▼ * Directing a batterer to have no contact with the victim and/or her family
▼ * Barring or evicting the batterer from the home
▼ * Confiscating a batterer’s weapons
▼ * Granting temporary custody of children to the battered woman
▼ * Limiting a batterer’s visitation or allowing only supervised visits with Children
Expediting the Protection Battered women may be eligible for an emergency, a temporary, and/or a final Protection, Restraining or Injunction order. The orders offer different relief and are issued based on the circumstances of the abuse and the timing of the petition:
Emergency Order
An emergency order is issued by a hearing officer, usually a district or circuit justice, in an emergency situation when the court is unavailable (can be issued 24-hours a day, seven days a week).
Temporary Order
A temporary order is issued by the court to provide immediate safety for a battered woman and/or her children until a hearing is held.
Final Order
A final order is issued by the court for a period of up to 18 months after a hearing is held, or upon consent of both parties, and may include a broad array of protections for the battered woman and her children.
Penalizing the Violators
Even though PFA(IFPs or ROs) petitions and orders are obtained through civil actions, Pennsylvania law mandates criminal penalties for violations. A batterer who violates a PFA(IFPs or ROs) (e.g., going to a victim’s home, stalking her) may face indirect criminal contempt charges and could be fined up to $1,000 and/or jailed for up to six months.
PFA (IFPs or ROs) orders are valid throughout the country, regardless of the state in which they were issued. This full faith and credit is mandated in the federal Violence Against Women Act.
Recognizing the Limitations
Although PFAs (IFPs or ROs) can enhance safety substantially, they do not offer a workable option in every case of abuse. PFAs (IFPs or ROs) constitute only a small part of society’s response to domestic violence – and just one step in a difficult process of helping battered women regain their physical, social and economic dignity. Preventing abuse depends upon all community systems working together – police, courts, health care, advocates, everyone who can provide a lifeline to safety.
Making Enforcement Easier
Protection order registries, available 24-hours- a- day, have been established to allow timely and consistent verification of PFAs (IFPs or ROs) by law enforcement agencies. State Police are responsible for maintaining a statewide registry of PFA (IFP or RO) orders, while the National Crime Information Center manages a nation-wide registry.
How many are abused each year (incidence)?
Understanding how many victims have been harmed or are currently being hurt is critical to practitioners and funders who are designing services and interventions.
The signs and symptoms of elder abuse are similar to those of other forms of domestic violence and may include physical violence, sexual assault, emotional and/or psychological abuse, and financial abuse. Senior citizens who are abused may also face financial abuse and exploitation, abandonment, and neglect.
Victims of elder abuse face unique challenges:
Social isolation and mental impairment (such as dementia or Alzheimer's disease) are two factors that may make an older person more vulnerable to abuse.
Victims may be totally or partially dependent on the abuser for daily care needs, including meals, mobility, and access to funds and medication. And in some cases the abuser is dependent on the victim for shelter, money, and food.
Living with someone who has a mental health issue such as an addiction to drugs or alcohol or who is mentally ill may increase the chances for abuse to occur.
Elder abuse victims may experience shame, fear, embarrassment, anxiety, confusion, withdrawal, and depression.
To exert power and control, the abuser may:
• Inappropriately use drugs and physical restraints to punish the older person.
• Treat the elder like a child.
• Isolate the elderly person from family, friends, or regular activities.
• Refuse or fail to provide life necessities such as meals and water, clothing, shelter, personal hygiene care, medication, comfort, and personal safety.
• Desert the elderly person.
• Illegally or improperly use the elder's funds, property, or assets.
• Withhold attention and affection, or deny access to grandchildren in order to get the older person to comply with the abuser's wishes.
What is elder abuse?
Typically, elder abuse is defined as various types of abuse against someone age 60 or 65 and older. The types of abuse may include: physical, sexual, and emotional abuse; financial exploitation; neglect, self-neglect and abandonment. Domestic and sexual abuse in later life is a subset of elder abuse.
What is domestic abuse?
Domestic abuse is a pattern of coercive tactics that abusers use to gain and maintain power and control over their victims. Forms of domestic violence include, but are not limited to, physical, sexual and emotional abuse. Abusers believe they are entitled to use any method necessary to control their victims.
What is abuse in later life?
Abuse in later life has several components. The victims are age 50 or older and are primarily women, but could be men. Someone, who has an ongoing, trusting relationship with the victim perpetrates the abuse. The abuser can be a spouse/partner, an adult child or grandchild, another family member or a caregiver. The abuse can be physical, including sexual abuse, emotional, verbal and financial-and is often a combination of one or more of these types of abuse. The location of the abuse is wherever the victim lives, which can be either in the community or in a facility setting.
What is sexual abuse in later life?
Sexual abuse in later life is defined as non-consensual sexual contact of any kind with an elderly person. Sexual contact with any person incapable of giving consent is also considered sexual abuse. It includes, but is not limited to, unwanted touching, all types of sexual assault or battery, and sexually explicit photographing. Abusers can be spouses/partners, adult children (especially sons), family members, caregivers, strangers or someone in a position of power. In facility settings, perpetrators may also be other residents. Service providers working with older victims often overlook sexual abuse.
FREQUENTLY ASKED QUESTIONS ABOUT ABUSE IN LATER LIFE:
1. What is abuse in later life?
Abuse in later life occurs when an older person is subjected to a pattern of coercive behaviors used to gain & maintain power and control perpetrated by a family member or someone with whom the elder has an ongoing relationship. It is the intersection between elder abuse and domestic violence.
2. Why do victims stay with an abuser or return after they have left?
There are numerous reasons why victims maintain contact with abusers or feel they cannot leave an abusive relationship. Older victims of abuse often love or care about the people who harm them. Keeping the family together may be very important to the victim for many reasons, including religious and cultural beliefs. Some victims fear that they will be seriously hurt or killed if they leave their abusers. Others do not have the financial resources and/or housing they need to leave. Medical conditions and disabilities may make living on their own difficult or impossible or the abusive individual may need the victims care.
3. If a person is not hit, can she/he still experience abuse in later life?
Abuse in later life occurs when a person uses methods or tactics of power and control over another individual. It does not always include physical abuse, but the threat of violence is present. Emotional abuse and financial exploitation are examples of non-physical means of controlling a victim.
4. Everyone fights sometimes. How can I tell a fight from abuse?
Disagreements occur in most relationships. Sometimes those arguments are loud and people say things that hurt each other's feelings. However, in most relationships, adults say they are sorry and make up. No one gets physically hurt. When there is abuse, one person uses power and control to get what they want out of the relationship. There may or may not be physical abuse in the relationship, but the threat of harm is present. The person with the power uses many tactics to maintain their control in the relationship, including emotional and psychological abuse, threats of physical violence or abandonment, isolating the individual from family and friends, limiting the victim's use of phone, breaking assistive devices and denying health care. Individuals who use power and control tactics in a relationship can be very persuasive, often trying to convince family, friends and professionals that they are only trying to help. Abusive individuals rarely take any responsibility for their inappropriate behavior.
5. Does anger cause abuse?
Anger is a normal and healthy emotion and does not cause abuse. Even though abusers can be anger at times, abuse happens when an individual chooses manipulative, threatening or physically violent behavior to gain power and control over another individual. Abusive tactics may occur without any anger evident in the abuser.
6. Does mental illness cause abuse?
Some mental illnesses may have challenging or violent behaviors as one of their symptoms. Contact a mental health expert or doctor to find out more information about specific mental illnesses and combinations of medications to learn if violent behavior is likely or possible. Keep in mind that some abusers have used mental illness as an excuse to continue with their abusive behavior.
7. Is abuse caused by stress?
While stress is a commonly used rationale for abuse, stress does not cause abuse. Everyone experiences stress. Most stressed people do not hurt others. Most abusers under stress do not hit their bosses or law enforcement officers. They choose victims (such as family members) who have less power.
At times providing care for an ill or frail elderly person can be stressful. Some abusers suggest that their negative behavior is due to caregiver stress because they are overwhelmed by the demands of providing care. Research does not support caregiver stress as a primary cause of elder abuse but rather an excuse used by abusers so they can continue their behavior without consequences such as intervention by social services or law enforcement.
8. Is abuse caused by a medical condition or combination of medications?
Some medical conditions or combinations of medications may cause a normally gentle person to become violent. Contact a doctor or health care provider to determine if the person has a medical condition and if aggressive behavior is related to the condition. Keep in mind that abusers may use a medical condition as an excuse for their behavior, so a medical opinion is important.
9. Does abuse occur because a victim of child abuse grows up and then abusers his/her parent(s)?
Abusive parents can unknowingly teach children that abuse is an effective way to control another individual. Abusive behavior is a choice. Individuals who grew up with abuse can choose to behave abusively or they can choose to stop the pattern of violence that may be all too familiar for them. Many adults who were victims of child abuse or witnessed domestic violence growing up, have healthy, happy adult relationships and do not hurt their children, spouse/partners or parents. Some individuals who are abused as children experience emotional problems and/or mental illness as adults. This may require specific treatment to deal with the effects of their victimization; however, this is not an excuse for someone to continue abusive behavior.
10. Does drug and/or alcohol abuse cause the violence and abuse?
Many people use drugs and/or alcohol and are never abusive. Drugs and alcohol do not cause abuse or violence; however, the violence may intensify when using drugs or alcohol. Sometimes abusers will use drugs and/or alcohol as an excuse for their behavior. Abusers who are addicted to drugs and/or alcohol have two separate problems - abusive behavior and substance abuse. Drug and alcohol treatment programs are designed to help an individual stay sober, not to eliminate the abusive behavior.
Options: What Can I Do?
11. What should I do if I see or hear abuse/violence?
If you see someone being physically hurt or threatened with a weapon, call a law enforcement emergency line such as 911 or a State Abuse Hotline.
12. What can I do if I suspect someone I know is being abused?
Talk to them. Tell them you are concerned for their safety and that you are there to help. Let them know that domestic violence and elder abuse do not stop without some sort of outside intervention.
Offer to accompany them to speak with an advocate at a domestic violence program or a social worker at an elder abuse agency.
Be part of their "safety plan" . A safety plan is created by the victim with the help of a professional. The intent is to plan for a victim's safety needs before another violent episode erupts. If you believe they are in immediate danger, call 911.
13. Should I talk to the abuser?
Be careful. The abuser may feel like he or she is losing control and therefore try to harm the victim. Consider your own safety as well. Ask the victim what could happen if you talk to the abuser.
14. Should I talk to the victim's friends or family?
Be careful. Well-intended family members may tell the abuser that the victim has told you about the abuse. Others may confront the abuser. Either way, the victim could be at greater risk of harm. Ask the victim what could happen if you talk to family members or friends.
15. What can I do if I think I might be a victim of abuse?
Keep in mind that you are not alone. Many other older individuals are harmed by spouses, partners, family or caregivers; many experience sexual assault and/or abuse by someone they know or a stranger.
Help is available. Talk with someone you trust and/or an advocate at a domestic abuse or sexual abuse program. You can also talk to a social worker at your local Adult Protective Services agency. You can usually call your local domestic/sexual abuse hotline and talk with someone without having to give your name or location. Talk to them about what is going on in your relationship and they will help you identify abusive behaviors that may be present. For the nearest domestic abuse hotline in your area, call the National Domestic Violence Hotline at 800-799-SAFE/800-799-7233, 800-787-3224 (TTY) or go to
http://www.ndvh.org. For the nearest sexual assault hotline in your area, contact the Rape, Abuse & Incest National Network (RAINN) at 800-656-HOPE/800-656-4673 or go to
http://www.rainn.org. Contact the National Adult Protective Services Association (NAPSA) at 217-523-4431 or go to
http://www.apsnetwork.org to find the local Adult Protective Agency for your area.
You can also contact your local elder abuse agency or adult protective services. A social worker can meet with you to provide information and let you know about services in your community.
You can learn more about elder abuse and domestic violence by looking on the Internet at sites such as National Clearinghouse on Abuse in Later Life (NCALL) National Center on Elder Abuse (NCEA) or National Coalition Against Domestic Violence (NCADV).
You can also ask for support and information from other professionals such as law enforcement, health care providers or faith community members. Be aware, that certain professionals may be mandatory reporters, meaning they would have to report to an investigative/enforcement agency any kind of physical or sexual abuse that you might share.
What happens if...
16. What happens if I call the police?
When the police are called, an investigation will immediately begin. If the police feel a victim is in immediate danger of harm, they will go to the residence to investigate the situation. They will interview the alleged abuser, victim and any witnesses. They will take pictures of any bruising or injuries. They will collect any physical evidence, including statements made by the alleged victim, abuser or the neighbors. If you live in a state where "mandatory arrest" is required in a domestic abuse incident and law enforcement has reason to believe abuse has occurred, the abuser may be arrested. The reports from the law enforcement officers will then go to the prosecuting attorney who will determine whether there is enough evidence to press charges on the abusive party.
17. What happens if I call a domestic violence or sexual assault program?
Domestic violence and sexual assault programs have advocates available for a victim or the victim's family. Usually callers do not have to give their name. Advocates can help with identifying options that may be available in your community to help a victim stay safe. Some advocates may be required to report to the authorities if you report physical abuse and/or neglect. It is important to ask the advocate if they will be making a report to anyone before you discuss the abuse. Advocates assist with legal issues, either criminal or civil, emergency housing and safety planning. They will accompany a victim to court, medical appointments, and other necessary appointments to provide emotional support. They also offer counseling and often have a support group for victims. They may be able to help with finding permanent housing, finding an attorney and referrals for food and other assistance. Advocates can also assist if an individual is having difficulty accessing services with other agencies and/or businesses because of the abuse. Most advocates are trained to help identify what a victim's options are and support them as they sort through the difficult decisions in front of them.
If sexual abuse or assault has occurred, sexual assault programs also exist in many communities and offer crisis help lines, peer support, counseling, legal advocacy and other information and assistance. Some domestic violence programs also offer sexual assault services.
18. What happens if I call social services or adult protective services (APS) agency in my area?
Social service agencies (often adult protective services) investigate allegations of abuse against vulnerable adults and/or older victims. States vary in terms of types of cases that are investigated and services that are offered. For more information about how to contact an elder abuse or social services agency, go to National Center on Elder Abuse (NCEA) or the National Adult Protective Service Agency (NAPSA) at
http://www.apsnetwork.org.
Counseling: Is it Helpful?
19. Is counseling helpful for victims?
Most victims of abuse are not mentally ill. However, some victims experience depression, post-traumatic stress disorder (PTSD), or other mental health issues because of the abuse. In addition, persons with mental illness are often targeted as easy victims who will not be believed. Many victims find counseling, peer support, and support groups helpful. Many domestic abuse or rape crisis centers have support groups and counseling available for victims at no charge. These programs can also provide referral information for mental health counselors who are skilled in working with victims of abuse.
20. Is counseling helpful for abusers?
Abusers are responsible for their own actions. Educational programs done in a group setting have been shown to be the most effective way to help abusers change their behavior. The most effective programs usually have at least a 26-week program, and many of the participants are court mandated into the program. Please note, one on one counseling and/or counseling the victim and abuser together is not recommended and has proven to be harmful to victims. For information about educational programs for abusers, contact your local domestic violence program.
If you suspect an older person is being abused you can:
• Educate yourself about the issue of domestic violence in later life.
• Identify the local domestic violence program in your area and contact them for information and/or support.
• Be supportive of the older victim by listening to them and providing them with information. Avoid telling them what they SHOULD do.
• If you work in the social services sector, call the local domestic violence program for training for your agency.
• If you see an escalation in the abuse or fear for someone’s immediate safety, report the suspected abuse to the local office of the Area Agency on Aging, found under ABUSE in the blue pages of the telephone book.
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