Elderly people in Pennsylvania are often much more vulnerable than other adults. Thus, they may be more likely to be the victims of various forms of abuse. This includes physical and sexual abuse.
As the loved one of an elderly person, you may be responsible for protecting them when abuse is occurring. Our Family Law Team at the LLF Law Firm can assist you in these circumstances. If you believe an elderly person is the victim of sexual or physical abuse, learn more about how we can help by submitting your information via our online contact form or by calling our offices today at 888-535-3686.
Elder Physical and Sexual Abuse May Be on the Rise in Pennsylvania
Elder abuse, in general, is a growing problem throughout the country. Per the Pennsylvania Department of Aging, as of 2024, the Department had seen a 67% percent increase in reports of suspected abuse over the previous five years. Other reports indicate factors such as the Covid-19 pandemic may have contributed to a tenfold increase in deaths of older adults after relevant abuse or neglect reports had been filed.
The exact degree to which physical and sexual elder abuse has increased in Pennsylvania is unclear. What is clear is that the rise in overall elder abuse in the Commonwealth is a significant problem that needs to be addressed. You can do your part by taking legal action when you believe a vulnerable elderly person is being abused.
Common Forms of Elder Physical and Sexual Abuse
According to the National Institute on Aging (NIA), common forms of elder physical abuse include:
- Hitting
- Pushing
- Slapping
- Restraining an elderly person against their will
NIA lists the following as common forms of elder sexual abuse:
- Forcing elderly people to participate in sexual acts
- Forcing elderly people to watch sexual acts
Remember, these are just examples. They don't necessarily represent all the forms elder physical and sexual abuse can take. If you have a question regarding whether what an elderly person has endured qualifies as abuse, members of our LLF Law Firm Family Law Team would be happy to discuss the matter during a case review.
Signs of Elder Physical and Sexual Abuse
The NIA indicates common signs of physical abuse in elderly people are:
- Unexplained injuries
- Bruises or physical signs of restraint
- Burns
- Scars
Signs of potential sexual abuse include:
- Changes in mood
- Becoming withdrawn
- Physical signs of sexual abuse, such as bruising near the genitals or sexual body parts
You can always ask a vulnerable elderly person about the issues that concern you if you believe they may be a victim of abuse. However, it's important to understand that some elderly people don't report abuse for various reasons.
Sometimes, an elderly person will lie and say they aren't being abused because they fear their abuser. In other circumstances, an elderly person's mental condition may prevent them from thoroughly understanding that abuse has occurred. The main point to keep in mind is that an elderly person saying they haven't been abused isn't necessarily confirmation that no abuse has happened.
How to Prevent Elder Physical and Sexual Abuse
As the loved one of an elderly person, you can take proactive steps to guard against physical and sexual abuse. One such step is thoroughly vetting any caregivers or nursing homes you consider for your loved one.
Preventing isolation is another step. Increased isolation of elderly people may be one factor contributing to the rise of elder abuse and neglect during the pandemic. Ensuring that an elderly person isn't isolated from a potential abuser limits an abuser's opportunities to cause harm.
Other steps you may take include:
- Establishing a schedule or routine for regularly monitoring an elderly person's well-being
- Familiarizing yourself with the signs of elder abuse and stepping in when you have concerns
- Educating all other caregivers, family members, and other such relevant parties about the signs of elder physical and sexual abuse
If you do suspect abuse is occurring, it's vital to report the matter to the proper authorities and take any other legal steps available to you. Our Family Law Team at the LLF Law Firm can help in these circumstances, particularly if you're not sure what your best course of action is.
Important Information About the Older Adults Protective Services Act
The Older Adults Protective Services Act (OAPSA) is a Pennsylvania law that helps protect citizens over the age of 60 in such ways as:
- Providing access to services, many of which can help an elderly person ensure their own safety
- Safeguarding the general rights of elderly people
- Addressing abuse and other problems as they arise
- Establishing programs to provide protective services for vulnerable elderly people
- Educating the public and raising awareness of the issues affecting the elderly in Pennsylvania
The Pennsylvania Department of Aging is responsible for enforcing OAPSA. Reporting your concerns to the Department is one important step you can take when you believe an elderly person is being abused.
How a Protection from Abuse Order Can Help Stop Elder Physical and Sexual Abuse in PA
Obtaining a protection from abuse (PFA) order is another way to stop elder physical and sexual abuse in Pennsylvania. The following are critical ways a PFA may protect a vulnerable elderly person in the Commonwealth:
- Specifically prohibiting an abuser from engaging in acts of abuse
- Prohibiting an individual from harassing or being in contact with a victim
- Securing temporary support for a vulnerable individual
- Requiring an abuser to vacate a shared residence
- Adding protections that guard against an abuser exploiting their victim financially
A PFA can be quite useful in domestic violence cases involving elderly victims. Our Family Law Team at the LLF Law Firm can assist you in securing a PFA for your loved one if you have a legal right to do so.
Who Can Request a PFA?
Under Pennsylvania law, typically, adults must file for a PFA themselves. However, there are exceptions when another adult may file for a PFA on behalf of an abused elderly person. If someone is the guardian of an adult who has been declared incompetent, they have the right to seek a PFA for them.
Do you wish to obtain a PFA for an elderly loved one, but you lack the authority to do so? Is your elderly loved one not cooperating with your attempts to convince them to seek a PFA? If so, discuss your case with our LLF Law Firm Family Law Team to learn more about potential options.
Steps to Obtaining a PFA
It's worth noting that the specific process of obtaining a PFA can vary somewhat from one county to another in Pennsylvania. This is primarily because the rules, hours, and other such details of individual courthouses can vary on a county-by-county basis.
In some circumstances, it's also possible to request an emergency PFA. Someone may request this type of PFA when the court isn't in session. Again, every county will have its own process for this type of request. If an emergency PFA is granted, it usually only remains in effect until the next business day.
Typically, though, the process of obtaining a PFA will involve:
- An abuse victim (or someone filing for a PFA on a victim's behalf) petitions the relevant court during business hours. Usually, the petitioner will need to have a brief meeting with a judge to explain why they believe a PFA is necessary.
- The judge may issue an “ex parte” PFA order. This is a temporary order that remains in effect until a formal hearing takes place. The formal hearing is usually 10 days from when the judge grants the ex parte PFA order, although such an order isn't necessary for a hearing to take place.
- At a hearing, both sides will have an opportunity to present their cases. The court will issue a final PFA order if the alleged abuser doesn't appear for the hearing.
The outcome of a hearing can play a major role in an elderly person's safety. It's important to come prepared with evidence showing why the court should grant a request for a final PFA.
This is one more task our LLF Law Firm Family Law Team can help you with. If you're preparing for a hearing to show why a vulnerable elderly person needs legal protection from an alleged abuser, we can help you gather the evidence and take all other steps necessary to strengthen your case prior to a hearing. Forms of evidence may include a victim's statements, witness statements, medical records, photographs of injuries, and any other such evidence that could show how abuse is occurring.
Contact the LLF Law Firm for Help Protecting an Elderly Person from Physical or Sexual Abuse
The process of obtaining a PFA for an elderly person you believe is being physically or sexually abused isn't one you have to navigate yourself. At the LLF Law Firm, our Family Law Team is prepared to offer the assistance you need during this emotionally overwhelming time. Find out more about how we can help by submitting your information through our online form or by calling our offices today at 888-535-3686.
