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Elder Abuse by the Intentional Infliction of Emotional Distress (Part 3)

Posted by on Nov 29, 2017 in Elder Abuse in NJ | Comments Off on Elder Abuse by the Intentional Infliction of Emotional Distress (Part 3)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 and Part 2 of this series I introduced you to a client of mine that we are calling “Jr” and his stepson “CK”. CK has moved Jr’s wife (his mother) to New Jersey without notice or permission from Jr. In this part we will discuss whether or not Jr has a case under intentional infliction of emotional distress. Based on the facts provided, we have a strong case for IIED. We can establish intent to take the mother/wife from the jurisdiction,...

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Elder Abuse by the Intentional Infliction of Emotional Distress (Part 2)

Posted by on Nov 29, 2017 in Elder Abuse in NJ | Comments Off on Elder Abuse by the Intentional Infliction of Emotional Distress (Part 2)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 of this series I introduced you to a new client whom we are calling “Jr”, as well as his stepson “CK”. CK moved his mother (Jr’s wife) from Florida to New Jersey without notice or permission from Jr. In this post we will discuss whether Jr has a case or not. Jr’s best theory to recover is the intentional infliction of emotional distress. The cause of action of intentional infliction of emotional distress has been analyzed by the New...

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Elder Abuse by the Intentional Infliction of Emotional Distress (Part 1)

Posted by on Nov 17, 2017 in Elder Abuse in NJ | Comments Off on Elder Abuse by the Intentional Infliction of Emotional Distress (Part 1)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney A new case has come to our office. I’m used to discussing cases with families where the facts and circumstances of abuse are disturbing. It’s never pleasant, it never gets easier, but it’s a reality for many aging individuals and families. In this case, an elderly man in his nineties (I’ll name him Jr.) is married to his wife, who is 90 years old. They have been married for over 25 years. They lived in Florida. This is Jr’s first marriage, while...

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Does the Domestic Violence Act Apply to the Elderly?

Posted by on Sep 8, 2017 in Elder Abuse in NJ | Comments Off on Does the Domestic Violence Act Apply to the Elderly?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Law Attorney The N.J. Prevention of Domestic Violence Act specifically states that the elderly are a protected class. In relevant part the law states; “The Legislature further finds and declares that the health and welfare of some of its most vulnerable citizens, the elderly and disabled, are at risk because of incidents of reported and unreported domestic violence, abuse and neglect which are known to include acts which victimize the elderly and disabled...

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Elder Abuse of Mother May Be Occurring: So What Can Be Done?

Posted by on Aug 14, 2017 in Elder Abuse in NJ | Comments Off on Elder Abuse of Mother May Be Occurring: So What Can Be Done?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney A client suspects elder abuse in the case of her mother. She is 76, lives in New Jersey with her second husband (not the children’s father) and her health is declining. Each time the child(ren) call he says she is not well enough to speak to them. They (collectively) think he is isolating her and making it look like they don’t’ care about her so mom will cut them out of her estate. All her kids live out of state, in Seattle, Portland, and NYC....

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The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part Four: A Finding of a Predicate Act

Posted by on Jul 31, 2017 in Elder Abuse in NJ | Comments Off on The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part Four: A Finding of a Predicate Act

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Parts 1, 2 & 3 I have discussed the case of R.G. v. R.G. as a case study in Domestic Violence. I introduced you to the basics of the Prevention of Domestic Violence Act and its role in this case. In our last part of this series, I consider the findings made to determine if there was harassment and/or simple assault, either of which was sufficient to determine if a restraining order was warranted.  Harassment requires one of the following...

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The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part Three: When Prior Acts of Domestic Violence are Admissible

Posted by on Jul 31, 2017 in Elder Abuse in NJ | Comments Off on The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part Three: When Prior Acts of Domestic Violence are Admissible

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 and Part 2 of this series I introduced you to the Prevention of Domestic Violence Act as it applies to the elderly. Now after reviewing the facts of the case, I will discuss the process in greater detail. The court spent some time on the issue of the admission of the prior restraining order.  When it comes to the admission of any type of evidence in a judicial proceeding, only relevant evidence is admissible.  Subject to some exceptions,...

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The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part Two: The Facts

Posted by on Jul 26, 2017 in Elder Abuse in NJ | Comments Off on The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part Two: The Facts

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In my prior blog I explained by way of introduction, the Prevention of Domestic Violence Act, as applied to the elderly. Now we turn to the facts of the R.G. v. R.G. Plaintiff and defendant are brothers.  The plaintiff lives in Somerset County near where the parents live.  He is the elderly parents’ power of attorney, and takes care of them, along with the parties’ sister.  Defendant lives in Long Island and is/was not very involved in the...

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The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part One: A Legal Backdrop

Posted by on Jul 26, 2017 in Elder Abuse in NJ | Comments Off on The Case of R.G. v. R.G.: A Study in the Law of Elder Domestic Violence & Abuse Part One: A Legal Backdrop

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney Over the next couple of blogs, I am going to discuss with you the basics of the Prevention of Domestic Violence Act (“PDVA”) in the context of an elder domestic violence case where two brothers went after each other over how to take care of their aging parents.  The case is R.G. v. R.G. As an overview the PDVA was amended in 2015. One of the biggest changes to the law was the definition of a victim of domestic violence.  The Act now applies to any...

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Lack of Knowledge of Ponzi Scheme Not Sufficient to Hold Financial Broker Liable for Fraud

Posted by on Jul 19, 2017 in Elder Abuse in NJ | Comments Off on Lack of Knowledge of Ponzi Scheme Not Sufficient to Hold Financial Broker Liable for Fraud

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse & Financial Exploitation Attorney The case of Cantillo v. Fraenkel details whether an elderly plaintiff is entitled to damages from a defendant financial planner, based on his bad recommendations to invest $200,000 in an investment company that was later discovered to be a Ponzi scheme.  The investment company and the financial planner both assured plaintiff that his investments were safe and low-risk.  Each denied knowing the company was running a...

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