Elder abuse is on the rise throughout the country, and Pennsylvania is no exception. Nationwide, a minimum of about one in five older adults is facing abuse. During and since the COVID-19 pandemic, elder abuse and neglect have been skyrocketing in the state. A mix of previous data entry procedures and underreporting of elder abuse may contribute to the apparent spike. But there is no doubt that the pressures of COVID-19, including financial stresses, exacerbated elder abuse.
Pennsylvania had 120 elder abuse-related deaths reported in 2017; that number hit nearly 1,400 in 2022. It's quite a staggering increase and only accounts for fatalities, not the majority of elder abuse cases that aren't fatal. In the 2021-2022 state fiscal year, the Pennsylvania Older Adult Protective Services (OAPS) received 16,694 reports of elder abuse, neglect, and exploitation.
If you or a family member are being subjected to elder abuse in Erie County, you don't need to allow the suffering to continue. Don't become another elder abuse underreporting statistic; let the LLF Law Firm help you. Our Family Law Team is here to support you through this difficult time; whether it's helping you with reporting, exploring your legal options, getting a restraining order, or anything else, we can help. Learn more about how the LLF Law Firm can help you or your family member by calling us at 888-535-3686 or complete our online form.
What is Elder Abuse?
Elder abuse and neglect come in many forms. The first thing you may think of when you hear elder abuse is physical abuse, but the following are just as serious and common forms of abuse:
- Psychological/emotional
- Sexual
- Caregiver neglect
- Abandonment
- Financial exploitation
All types of elder abuse should be taken seriously, and you or a loved one should never be ashamed to report it. We know it can be hard to report abuse, especially when your abuser is a spouse or family member, but you don't deserve to be treated this way, and at the LLF Law Firm, we will do everything we can to protect you.
Erie County Older Adult Protective Services
OAPS is responsible for ensuring the health and safety of older adults (age 60+) throughout Pennsylvania and Erie County. Under Pennsylvania's Older Adults Protective Services Act, OAPS has a few different jobs, including:
- Assisting older adults at risk of abuse, neglect, exploitation, or abandonment through access to resources that safeguard their wellbeing
- Offer safety services to the elderly
- Investigate and stop abuse, neglect, or exploitation of elderly persons facing abuse
- Creating protective service programs for adults facing abuse
- Raise public awareness of elder abuse and neglect and encourage reporting
Elder Abuse Reporting in Erie County
There are many ways to report elder abuse and neglect to OAPS. The best ways to report abuse are:
- Calling the Pennsylvania Statewide Elder Abuse Hotline at 1-800-490-8505
- Calling the Great Erie Community Action Committee Older Protective Services Hotline at 814-459-4581 ext. 205 (daytime) or 814-451-1520 (evening/weekend)
- Calling law enforcement non-emergency line
- Calling 911 if you or a loved one is in imminent danger
Elder abuse reports in Erie County are called Reports of Need (RON). Once OAPS receives an RON, an OAP worker from Erie County will conduct a face-to-face visit with the older adult who is being abused. When the RON comes in, OAPs assign it a priority level; those categorized as emergency or priority will set up a meeting within 24 hours. For all other categories, meetings must be set up within 20 days.
The case will then be investigated, and the OAP worker will draft a report with recommendations. Recommendations will work to find the best possible solution for the older adult. This may mean involving law enforcement in legal action, such as a restraining order or criminal charges against the abuser. Other recommendations include connecting older adults with specific resources that can assist them and eliminate abuse and neglect going forward.
Obtaining a Restraining Order in Erie County
Pursuing legal options can be scary, especially if the abuser is a member of your household. You may feel trapped and wondering where you will go. You may fear you'll be out on the street if the home you are living in belongs to your abuser. If you're being abused or neglected, your physical and mental wellbeing come first, and a restraining order may be appropriate. Don't jump to conclusions; filing a restraining order doesn't mean you'll be kicked out of your home. The LLF Law Firm attorney will explain all your rights and exactly how a restraining order would work in your case.
In Erie County, restraining orders are called protection from abuse orders (PFA). If you pursue a PFA, the LLF Law Firm attorney will file a request with the Protection from Abuse Office at the Erie County Courthouse. In urgent situations, the LLF Law Firm attorney can apply for an emergency PFA at your closest police station in Erie County. There are specific rules and forms when it comes to requesting a PFA in Erie County, but our Family Law Team will handle it all.
After the request is submitted, there will be a hearing for a temporary PFA. A temporary PFA can do a few different things, including but not limited to:
- Ordering your abuser not to contact or approach you
- Removing your abuser from your home (even if they own or rent the home)
- Ordering your abuser to stay away from your home or frequently visited locations
- Ordering your abuser to continue providing financial support to you
- Ordering your abuser to surrender any firearms or weapons
There will then be a final PFA hearing where your abuser will present their case, and the LLF Law Firm attorney will present your case. PFA hearings can be emotionally upsetting, but the LLF Law Firm attorney will be there the entire time to protect you.
If You or a Loved One is Facing Elder Abuse, the LLF Law Firm Can Help
When you or an older adult you care about is being abused, you don't have to idly sit by. While we understand these cases are complicated, we want to help at the LLF Law Firm. Let our Family Law Team help you put a stop to the abuse today. Call us today at 888-535-3686 or contact us online.
