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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23523
Experience:  Active member of the NYS bar since 1989
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In Suffolk County New York, an elderly person I know wants

Customer Question

In Suffolk County New York, an elderly person I know wants to file an abuse report against their daughter. How do I go about doing this, since I have no idea how to help them file this. Please provide me with links and phone numbers.
Submitted: 10 months ago.
Category: Legal
Expert:  Zoey, JD replied 10 months ago.

Hello,

Is the daughter a minor or an adult? Does the daughter live with the elderly person? What is the nature of the abuse? What is it that the elderly person want to accomplish? That is, does he want a restraining order? Does he want his daughter prosecuted criminally?

Customer: replied 10 months ago.
I do not want to give details on line, this is a public forum. The elderly person wants to report the abuse. Everyone are adults. They would rather not have to go to the police station, as they are old and they need to be treated with empathy. They do not live together anymore, hence, that is why the elderly wants to report it now, they feel safe.
Expert:  Zoey, JD replied 10 months ago.

Thank you.

If the elderly people feel safe and have no contact with the person who formerly abused him or her are not in need of a restraining order, there's no need to report anything.

If they wish a restraining order to make sure this person keeps away, they could seek an order of protection from the criminal court. In that case, they would need to go to the police, report the crimes and let the police know that they wish an ex parte criminal restraining order and want the abuser to be prosecuted. They would have to swear out their complaint in court before a judge who would grant the temporary order. The defendant would be charged with a criminal offense and while the case goes on and for a time thereafter to be determined by the judge, a permanent order of protection would issue.

If they want an order but do not wish the person prosecuted, they can seek a civil order through Family court system, but only if these incidents were domestic violence matters. You can read an overview of what's potentially available here if they are eligible for it. The elderly person would be able to get a Family Court temporary order of protection but would then have to confront his or her accuser at a hearing and demonstrate to the judge by clear and convincing evidence that he needs the temporary order to be made permanent. The order, if made permanent, could be issued for up to 5 years at the discretion of the judge.

In both cases the order takes effect when it is served upon the defendant and a violation of the order is a criminal offense.

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