New Jersey law recognizes elder abuse as a single or repeated act, or the lack of a reasonable act, which causes physical, mental, emotional, or financial harm to an elderly individual. In turn, it defines domestic violence as a violent or aggressive act within the home. With knowing this, you may draw curiosity as to whether elder abuse goes hand-in-hand with domestic violence, and whether it will be charged as such in a New Jersey criminal court. So please continue reading to learn whether elder abuse is considered a form of domestic violence and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C. can help you beat these allegations regardless.
Who may be made the victim of domestic violence?
Specifically, the victim of domestic violence may be a family member of the perpetrator or otherwise an individual who has a current or former intimate relationship with them. The most common examples read as follows:
- A parent, child, or sibling of the perpetrator.
- A current or former spouse of the perpetrator.
- A member of the same household as the perpetrator.
- An individual who shares a child or children with the perpetrator.
- A current or former boyfriend, girlfriend, or life partner of the perpetrator.
Is elder abuse considered a form of domestic violence in the state of New Jersey?
Therefore, elder abuse may constitute domestic violence if a child conducts harmful acts against their elderly parent. Or otherwise, if an individual conducts harmful acts against their elderly housemate. Lastly, quite possibly, if an individual has an established responsibility to care for an elderly person and visits their home on frequent occasions.
With that being said, domestic violence is usually charged as a disorderly persons offense or fourth-degree indictable offense under New Jersey criminal law. The penalties for a disorderly offense are typically a jail sentence of up to six months; a fine of up to $500; probation; and a mandatory domestic violence course. Then, a fourth-degree indictable offense may come with a prison sentence of up to 18 months; a fine of up to $10,000; possible parole ineligibility; and a mandatory domestic violence course.
However, you must understand that charges may be upgraded if the victim of such domestic violence was an elderly person 60 years of age or older. These may be considered aggravated circumstances that call for a third-degree, second-degree, or first-degree indictable offense charge. Evidently, this is associated with heightened prison sentences (i.e., three to five years, five to 10 years, and up to 20 years, respectively) and other, more drastic consequences.
Before entering the legal arena, you must retain the services of one of the skilled New Jersey & Pennsylvania criminal defense lawyers. Reach out to The Vigilante Law Firm, P.C. today.
