Does the Domestic Violence Act Apply to ...

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 emotionally, psychologically,...

Elder Abuse of Mother May Be Occurring: ...

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. Being this far away, what can...

The Case of R.G. v. R.G.: A Study in the...

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 three events to have occurred...

The Case of R.G. v. R.G.: A Study in the...

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, most evidence is relevant. ...

The Case of R.G. v. R.G.: A Study in the...

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 decision-making for his parents. In...

The Case of R.G. v. R.G.: A Study in the...

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 person over 18 years of age,...