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Difference between revisions of "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)"
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Abuse and Neglect of Seniors or Those with Disabilities (4:VII) (view source)
Revision as of 22:49, 6 December 2022
, 22:49, 6 December 2022no edit summary
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Some older adults may be embarrassed to reveal abuse or neglect, particularly if a family member is involved. Some may not know how to get help, or may be unsure if what they are experiencing is considered abuse or neglect. Some may worry about repercussions on their family member or caregiver. They may also fear retaliation from the person who harmed them. Or, they may fear losing services they need, losing their money, having to move, or breaking up the family. They may worry about not being believed. | Some older adults may be embarrassed to reveal abuse or neglect, particularly if a family member is involved. Some may not know how to get help, or may be unsure if what they are experiencing is considered abuse or neglect. Some may worry about repercussions on their family member or caregiver. They may also fear retaliation from the person who harmed them. Or, they may fear losing services they need, losing their money, having to move, or breaking up the family. They may worry about not being believed. | ||
The information below pertains to the many avenues victims or those acting in their best interests may chose to pursue, as well as lists available resources. Further information on how to address seniors’ abuse may also be found in | The information below pertains to the many avenues victims or those acting in their best interests may chose to pursue, as well as lists available resources. Further information on how to address seniors’ abuse may also be found in [[Introduction_to_Adult_Guardianship_and_Substitute_Decision-Making_(15:I)|Chapter 15: Adult Guardianship and Substitute Decision-Making]]. | ||
== A. Ending the Abuse or Neglect == | == A. Ending the Abuse or Neglect == | ||
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Remember that the victim may depend on their alleged abuser for financial or physical assistance. If the victim wants to make a report that may lead to the laying of information, moving to a transition house, or getting a protection order (see '''Section V.B.3: Protection Order''', below), they may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the victim are listed below. | Remember that the victim may depend on their alleged abuser for financial or physical assistance. If the victim wants to make a report that may lead to the laying of information, moving to a transition house, or getting a protection order (see '''Section V.B.3: Protection Order''', below), they may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the victim are listed below. | ||
== B. Legal Remedies == | == B. Legal Remedies == | ||
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Remember that a victim may be reluctant to make a report that may lead to the laying of an Information against a family member. | Remember that a victim may be reluctant to make a report that may lead to the laying of an Information against a family member. | ||
=== 2. Peace Bond === | === 2. Peace Bond === | ||
Pursuant to ss 810 and 811 of the ''Criminal Code'', a peace bond requires that the abusive person “keep the peace” for up to 12 months or face a possible prison sentence. | Pursuant to ss 810 and 811 of the ''Criminal Code'', a peace bond requires that the abusive person “keep the peace” for up to 12 months or face a possible prison sentence. | ||
=== 3. Protection Order === | === 3. Protection Order === | ||
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A restraining order can also be obtained under s 56(3)(c) of the ''AGA''. It is necessary to note the defendant’s date of birth when applying for the restraining order so that it is not placed against the wrong individual. Applicants should remember to include a Police Enforcement Clause so that the police are required to act on breaches. Once the order is in place, it is registered with Protection Order Registry, which is accessible by police. | A restraining order can also be obtained under s 56(3)(c) of the ''AGA''. It is necessary to note the defendant’s date of birth when applying for the restraining order so that it is not placed against the wrong individual. Applicants should remember to include a Police Enforcement Clause so that the police are required to act on breaches. Once the order is in place, it is registered with Protection Order Registry, which is accessible by police. | ||
=== 4. Conditional Release or Probation === | === 4. Conditional Release or Probation === | ||
