Tuesday, April 21, 2015

DOMESTIC VIOLENCE AGAINST ELDERLY - New Jersey

DOMESTIC VIOLENCE AGAINST ELDERLY - New Jersey

Criminal Offenses against the Elderly and Disabled

Domestic Violence Attorneys Where an elderly or disabled person is subjected to a criminal offense listed as an act of domestic violence, police shall follow the appropriate procedure.

Where the actions or omissions against an elderly or disabled person do not meet the domestic violence conditions, police may file appropriate criminal charges against the offender.

A person may be charged with Endangering the Welfare of the Elderly or Disabled, N.J.S.A. 2C:24-8, if the person has:

1) A legal duty to care for or has assumed continuing responsibility for the care of a person who is:

   
a.    60 years of age or older, or
b.    emotionally, psychologically or physically disabled, and

2) The person unreasonably neglects or fails to permit to be done



3) Any act necessary for the physical or mental health of the elderly or disabled person.

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