Abuse may come in a variety of forms and arise in a variety of situations. Although it is difficult to determine why abuse occurs or how to keep it from happening, help is available to victims of abuse.
Numerous warning signs may indicate the existence of possible abuse issues and may signify who may be the victims of abuse. The severity of the abuse may also be a significant factor in the type of punishment a perpetrator may receive for an abuse conviction.
It is important to note that abuse does not only occur between a husband and a wife in the privacy of their own home. In addition, it does not always involve physical abuse between two individuals.
Abuse may be categorized as emotional or psychological abuse. Abuse may:
What is Child Abuse?
Child abuse includes:
- Any action that results in:
- imminent risk or serious harm;
- death;
- serious physical or emotional harm; or
- sexual abuse or exploitation;
- Of a child
- By a parent, caretaker, or any individual responsible for the child’s welfare.
In most states, child abuse laws require that once physical injury on a child becomes apparent, certain individuals are required to report it, including:
- School officials;
- Doctors; and
- Law enforcement.
If these individuals were aware of child abuse but failed to report it, they may be held responsible to the child for the injuries which they suffered at the hands of their abuser. In many cases, victims of child abuse may have difficulty recovering from their losses.
Most child abuse incidents involve individual abusers with insufficient assets or insurance to pay for the injuries the victim sustained. There are exemptions, including when the abuser was a member of an organization, such as a church, or was an individual who had a duty to report the abuse but did not do so, such as a doctor.
If the individual who engaged in child abuse can pay if the victim wins a lawsuit against them, the victim may be able to recover their damages, including:
- Medical expenses;
- Loss of earning capacity; and
- Pain and suffering.
Every state has enacted laws and regulations that protect children from abuse and neglect. These laws include:
- Mandatory reporting;
- Proper child maintenance; and
- Disclosure of records; and
- Domestic violence.
For more information on child abuse issues, see the following LegalMatch articles:
What is Domestic Violence?
Domestic violence involves violence between adults, especially between married individuals. Domestic abuse, such as threats or degrading language, may be physical or psychological.
In the majority of states, the term domestic abuse refers to any conduct that threats to cause or causes injury between:
- Family members;
- Spouses; or
- Residents of the same household.
It is important to note that domestic violence is not only physical abuse of another individual. It may also include:
- Emotional abuse;
- Stalking;
- Harassment;
- Economic abuse; and
- Sexual abuse.
Federal and state governments have enacted laws that allow for criminal punishment for individuals who cause physical, psychological, or emotional abuse to immediate family members or relatives.
For more information on domestic violence, see the following LegalMatch articles:
What is Elder Abuse?
Elder abuse is the neglect or abuse of an elderly individual. Older individuals are typically more vulnerable to abuse for many reasons.
Due to these individuals’ age, they may be more socially isolated or, in some cases, may be mentally impaired. Evidence also suggests that caregivers and family may cause some cases of elder abuse.
Abuse happens to any individual, regardless of their:
- Age;
- Sex;
- Race;
- Religion; or
- Ethnic background.
Hundreds of thousands of individuals over the age of 60 are neglected, abused, and financially exploited each year. Abuse may occur in many different places, including:
- The elder’s home;
- A family member’s home;
- An assisted living facility; or
- A nursing home.
Mistreatment of elderly individuals may be perpetrated by:
- Family members;
- Strangers;
- Health care providers;
- Caregivers; or
- Friends.
Abuse may be physical or mental. The definition of elder abuse may vary from state to state.
In general, the categories of abuse include:
- Physical abuse: Physical abuse occurs when an individual causes bodily harm by slapping, hitting, or kicking. Physical abuse may also include restraining an older adult against their will, for example, locking them in a room;
- Emotional abuse: Emotional and psychological abuse may involve saying hurtful words, yelling, threatening, or repeatedly ignoring an older adult. Keeping an older adults from seeing their relatives and close friends is another type of emotional abuse;
- Sexual abuse: Sexual abuse involves a caregiver forcing an older adult to watch or participate in sexual acts against their will;
- Exploitation: Exploitation may include taking advantage of an older person for financial gain or revenge;
- Neglect: Neglect occurs when a caregiver does not respond to an older adult’s physical, emotional, or social needs.
- This may include withholding:
- food;
- medications; or
- access to health care;
- Abandonment: Abandonment is leaving an older adult who needs help alone without planning for their health care; and
- Financial abuse: Financial abuse happens when money or belongings are stolen from an older adult;
- Financial abuse may include:
- forging checks;
- taking someone’s retirement or Social Security benefits; or
- using the individual’s credit cards or bank account without their permission;
- It is important to note that certain conduct may be classified as abuse and be illegal, including changing names without permission on a:
- will;
- bank account;
- life insurance policy; or
- title to a house.
Many states include financial exploitation under the definition of elder abuse. Elder abuse is most commonly engaged in through neglect.
Elder abuse is engaged in by perpetrators who attempt to exploit, intimidate, and deceive a vulnerable elderly individual. For more information on elder abuse, see the following LegalMatch articles:
What are Restraining Orders & Protection?
In some cases, a victim of abuse may be able to obtain a restraining order to protect themselves from their abuser. Restraining orders require an offender to refrain from doing a specific act.
Restraining orders are commonly used in cases of:
- Domestic violence;
- Harassment;
- Stalking; or
- Sexual assault.
For more information on restraining orders, see the following LegalMatch articles:
Do I Need a Lawyer if I have been Accused of Abuse?
Any form of abuse is considered a very serious issue. It may leave lasting physical, psychological, and emotional effects on both the perpetrator and the victim.
Constant or recurring abuse should always be reported to law enforcement authorities. It may also be helpful to consult with a family lawyer in your area if you are involved with or have been exposed to any type of abuse.
If you are considering reporting abuse, your lawyer can advise you regarding the requirements and possible consequences of reporting your concerns. If you are in a profession that requires you to report abuse, your lawyer can assist you with the process and ensure you meet any requirements.
