Protection
From Elder Abuse
by
Bradley Newman, Esquire
Approximately one million older adults are abused each year
nationwide, most frequently by adult children, spouses and other
relatives. They are
often beaten, abused, and sometimes even killed.
Senior citizens over the age of 75 and those who are
isolated due to physical limitations or serious illness are most
often victims. The
majority of abusers are male, and adult children most often commit
elder abuse, followed by spouses and other relatives.
Many older adults find themselves victimized by family
members on whom they feel compelled to depend.
Substance abuse, mental health problems, economic
difficulties and the emotional dependence of either an adult child
or an aging parent are also factors which are often present in
cases of elder abuse.
WHAT CAN I DO IF I AM BEING ABUSED?
1)
Call the police.
The abuser can be arrested if you give a statement that you
have been physically abused and a visible injury or the statement
of a witness. Although many of the existing criminal statutes are
applicable to domestic violence, legislatures throughout the
country found that the criminal justice system was not an adequate
remedy due to pre-conceived notions that domestic violence was a
family problem, not a societal problem.
In response to the deleterious affects of domestic violence
and the lack of response from law enforcement agencies, the
Pennsylvania Legislature enacted the Protection From Abuse Act.
2) File a Protection From Abuse
Petition
The Pennsylvania Legislature enacted the Protection From
Abuse Act in 1976 to give an immediate remedy to those persons
abused by family or household members.
The Protection From Abuse Act allows courts to issue
“Civil Protection Orders” to victims of domestic violence as
opposed to a “Stay Away Order” that may be issued by a
criminal court.
How is abuse defined under this Act?
Abuse is defined under the Act as:
·
physically injuring or attempting to physically
injure someone
·
placing someone in reasonable fear of imminent
serious bodily injury
·
stalking
·
false imprisonment
·
rape
·
other sexual assaults.
Who is a victim under this Act?
Not all victims of abuse may bring protection actions under
this Act. A victim
defined in the Act “is a person who is physically or sexually
abused by a family member or household member”.
Victims of abuse from non-family members should still
contact the police immediately even though they are precluded from
filing a Protection From Abuse Petition.
How is a family or household member defined in the Act?
Spouses or persons who have been spouses, persons living as
spouses or who lived as spouses, parents and children, other
persons related by blood or by marriage, current or former sexual
or intimate partners, or persons who share biological parenthood.
What type of relief is available under the Act?
A Protection From Abuse Order can direct the abuser not to
harm, harass, threaten or stalk the victim again.
In some cases the Order can grant the victim exclusive
possession of a residence or ordering the abuser to provide
alternate housing, forbid future contact between abuser and
victim, award temporary custody of minor children, award temporary
support, removal of weapons, reimbursement for certain expenses
incurred because of abuse, and such other relief as may be
appropriate.
How long will the protection last?
A protection order can last 18 months.
A protection order can be modified or extended.
The Order can be modified or extended if the Defendant
poses a continued risk of harm to the Plaintiff or Defendant
violates the Order during its existence.
HOW DO I
OBTAIN A PROTECTION FROM ABUSE ORDER?
A victim can file a petition to get a Civil Protection From
Abuse Order by going to the Family Court’s Domestic Violence
Unit, Family Court Building, 34 S. 11th Street, Philadelphia, Room
242, (215) 686-3511 (24-hour information line) between the hours
of 8:00 a.m. and 5:00 p.m. It is helpful that the victim knows the
abuser’s address, date of birth and social security number.
There are no filing fees.
You do not need a lawyer to file the petition, but you may
want to have representation at the hearing.
If a victim needs to file after 5:00 p.m. or on weekends or
holidays, they should go to the Criminal Justice Center, 1301
Filbert Street, Philadelphia, Room B-03.
Where
can a victim of domestic violence get help?
Legal Assistance:
Older adults who need legal assistance for the Protection
From Abuse hearing or general information on how to file for
protection may contact SeniorLAW Center at (215) 238-6390.
SeniorLAW Center can link those under 60 to other agencies which
may be able to assist them.
Counseling and Referral: You can contact Women
Against Abuse’s 24- hour hotline at (215) 386-7777; Bilingual
Domestic Violence Project at (215) 739-9999 if English Speaking or
(215) 235-9992 if Spanish Speaking; Women In Transition’s
24-hour Hotline at (215) 751-1111.
Where Can I Report Suspected Abuse?
If
you suspect that an older person is being abused, contact Older
Adult Protective Services at (215) 765-9033.
Your call will be kept confidential and an investigation
will be conducted. You may also contact the Crimes Against the Retired and
Elderly (CARE) Unit of the Philadelphia Police Department at (215)
823-7186.
SeniorLAW Center
assists elders facing abuse.
Elders can discuss a legal problem or get information
by calling SeniorLAW Center’s telephone intake line
215-988-1242 Mondays through Fridays, 9 a.m. – 1 p.m., or coming
to our center city offices,
Mondays through Wednesdays, 9 a.m. – 4 p.m.
Most issues can be addressed initially over the phone.
For general information, please call us at
215-988-1244
or visit our website at www.seniorlawcenter.org.
If you are 60 or older and a resident of Philadelphia, you
may be eligible for SeniorLAW Center's free legal services.
Bradley
Newman is a former Staff Attorney at SeniorLAW Center.
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