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Protection for victims of physical abuse
by Mark A. Krohn, Esq.
Jacobowitz & Gubits, LLP
In New York, physical abuse is defined as the infliction of physical pain or injury, or
physical coercion, including confinement against one's will.
Psychological abuse is defined as
the infliction of mental anguish through intimidation, humiliation, threats, or isolation.
Financial
abuse is the exploitation and/or improper use of funds or other resources.
Active neglect is the
deliberate refusal or failure to fulfill a care-giving role, and passive neglect is defined as the
unintentional refusal or failure to fulfill a care-giving role, because of inadequate knowledge,
ability or capacity.
Adults who are at risk of abuse or neglect due to physical and/or mental
impairments are eligible for services through Adult Protective Services, as defined by the New
York State Social Services and Mental Hygiene laws. Services may be provided directly or
under contract by not-for-profit agencies. A number of agencies in New York have programs
that respond to calls by or on behalf of seniors who are victimized by crimes and domestic abuse
including that caused by family members or significant others. Some not-for-profit agencies in
New York are funded to provide assistance to victims of elder abuse. As an example, the police,
District Attorney's offices, and the State Attorney General's Office investigate reports of elder
abuse and neglect and may prosecute when the abuse rises to the level of a crime as defined by
the state penal code.
Finally, understanding what has happened and knowing your legal options will provide
peace of mind. If abuse is present or may be suspected, we recommend that an attorney familiar
with the issues presented in this article be contacted immediately.
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