How does elder abuse become a civil or criminal case?

When an elder adult experiences abuse, first responders, such as law enforcement, social workers, or health-care providers, may be able to help. Depending on the severity of the case, the abuse may be treated as either a civil or criminal case. For example, if an elderly person is the victim of physical, emotional, financial, or other forms of abuse, exploitation, or neglect, it is likely to be treated as a criminal case. In a criminal case, the state’s prosecutor files formal charges against the perpetrator, and a judge may rule the perpetrator guilty. If the perpetrator is found guilty, they can face fines, jail time, or other penalties. In some cases, a civil case may be prosecuted instead of a criminal one. This may happen, for example, if the perpetrator attempts to take advantage of the elderly person financially. In a civil case, a plaintiff, often the elderly person or their representative, files a complaint against the perpetrator. The case is then heard in civil court, and the judge may order the perpetrator to pay financial damages to the plaintiff. In either case, the elderly victim may benefit from speaking to an attorney who specializes in elder law. An attorney can help ensure that their rights are protected and can offer advice on the best way to proceed with a case.

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