Abuse of Older Adults/What To Do

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Contents 1 Reporting Abuse 1.1 My aunt lives with her son and his family. I suspect that she’s being abused. She acts nervous when her son is in the room, her bedroom has a lock on the door, and she has bruises on her arm. When I asked her about the situation she seemed very confused. Why isn’t she reporting this abuse? 1.2 If my aunt is not reporting the abuse she appears to be suffering, should I report it for her? 1.3 What would be a good way to approach my aunt to ask her if she is being physically abused? 1.4 What kinds of agencies can I contact to get information about abuse? 2 Abuse as a Crime 2.1 I am sure that my neighbour is being abused by her son. Is abuse of the elderly a crime? 2.2 If I think my brother-in-law is physically abusing my mother, can I report it to the police or does my mother have to report it? 2.3 Is emotional or psychological abuse a criminal offence? 3 Going to Court 3.1 My mother was the victim of an insurance scheme to defraud seniors. She was interviewed by the police and has received a subpoena to go to court. Does she have to go? 3.2 What can my mother expect at court when she goes to give evidence? 3.3 The court proceedings sound overwhelming for my mother at her age. Since I don’t live in the same city, is there someone who can go with her? 4 Rights of Victims 4.1 The people charged with defrauding a group of seniors at my mother’s club have decided to plead guilty to the charges. My mother has been asked if she wants to register a victim impact statement with the court. What is this? 4.2 Can my mother get any of her money back that she lost as a result of the fraud? 5 Protection Orders 5.1 I am really worried about my grandfather who lives with my uncle. I am sure my uncle is hurting him physically. Is there anything I can do to quickly get help for my grandfather? 5.2 How do I know if there is a law that covers my grandfather’s situation? Is there something I can do if local laws don't cover his situation? 5.3 I would like to get my mother away from my sister’s house because I think my brother-in-law is physically abusing her. So far she has only had minor bruises, so I don't feel I need to rush to the police. Is there anything else I can do? 5.4 Is there anything I can do to get my abusive son to stay away from me? 6 Restraining Orders 6.1 What is a restraining order? 6.2 How do I get a restraining order? 6.3 Should my aunt seek the help of a lawyer to apply for a restraining order? 6.4 My aunt is not very wealthy. Is there any financial assistance available to apply for a restraining order? 6.5 What kinds of terms can be included in a restraining order? 6.6 Would my aunt have to serve the restraining order herself? 6.7 How will the restraining order protect my aunt against her abusive son? 7 Peace Bonds 7.1 What is a peace bond? 7.2 I would like to help my aunt apply for a peace bond against her son. How do I do this? 7.3 My aunt lives in Edmonton, Alberta. Can you describe a likely course of action? 7.4 How long does a peace bond last? 8 More Information

Reporting Abuse

My aunt lives with her son and his family. I suspect that she’s being abused. She acts nervous when her son is in the room, her bedroom has a lock on the door, and she has bruises on her arm. When I asked her about the situation she seemed very confused. Why isn’t she reporting this abuse?

There are many reasons why people might not report abuse. They include

• shame that a family member treats them badly and a need to keep it in the family;
• fear of more abuse;
• fear of being placed in an institution;
• fear of losing a caregiver or contact with a family member;
• a belief that they are getting what they deserve, for example, if they feel they were not a good parent;
• a belief that police or social services cannot help them;
• a belief that they cannot prove the abuse is happening.

If my aunt is not reporting the abuse she appears to be suffering, should I report it for her?

If there is any possibility of immediate danger of physical harm, then you should consider notifying the police or social services immediately. Otherwise, it is important to deal with cases of suspected abuse with a degree of care, particularly because the abuser might retaliate against the elderly person. It is also important to respect the dignity of the elderly person who might choose to accept or reject help.

Agreement on the part of the elderly person to any subsequent actions is very important, unless the person is not mentally competent. For this reason, you should speak with your aunt before taking any action and be sure that all possible outcomes of intervention are considered. In order to help her make her decision, you can bring to your aunt's attention many resources on elderly abuse and the names of agencies that can offer assistance.

What would be a good way to approach my aunt to ask her if she is being physically abused?

Depending upon the individual, strategies that you might use include

• directly and respectfully asking your aunt if any abuse is occurring;
• encouraging your aunt to contact others such as a doctor, lawyer, social worker, public health worker, or home care worker;
• describing to your aunt the benefits she might be entitled to which could help her be more independent;
• providing information about counselling services for the abused or the abuser;
• helping to dispel myths about abuse, for example, that protecting the abuser's reputation will not help the abuser change, that there is no "perfect family", and that abuse can exist at any education or income level;
• helping your aunt understand that nobody deserves to be abused;
• encouraging her to get out and use community service programs, such as drop-in centres;
• encouraging your aunt to get a thorough health assessment from her doctor or a health unit.

What kinds of agencies can I contact to get information about abuse?

Agencies and personnel differ in the various provinces and territories, but there are agencies that can lead you to information and to more specialized agencies in your location:

• police
• health units
• social service agencies
• mental health clinics
• Public Health Agency of Canada (National Clearinghouse on Family Violence website)
• family doctors
• hospitals
• office of public trustee, public guardian, or public curator (Quebec), if victim is mentally incompetent
• OakNet: Abuse of Older Adults website

Abuse as a Crime

I am sure that my neighbour is being abused by her son. Is abuse of the elderly a crime?

There is no specific criminal offence of elderly abuse. There are various criminal offences, however, that might apply to different forms of elder abuse:

• physical abuse could be a form of assault or sexual assault;
• financial abuse could be an offence such as theft, fraud, or extortion; and
• neglect might be covered by the offence of criminal neglect.

The vast majority of the criminal law of Canada is set out in the Criminal Code, which applies to all provinces and territories in Canada. The Code can be seen online.

More information about specific types of abuse and which criminal offences might apply in each case can be found on the OakNet website.

If I think my brother-in-law is physically abusing my mother, can I report it to the police or does my mother have to report it?

You can report a criminal matter to the police even if it does not directly involve yourself. If you want the police to investigate the possibility of charging your brother-in-law, you will have to lay an information at the police station. This is a statement that describes what you believe your brother-in-law is doing. The police will then investigate the situation, which would likely involve interviewing your mother and your brother-in-law, and any other relevant witnesses. The police will then decide if they have enough evidence to charge your brother-in-law with a criminal offence.

This procedure would be the same if your brother-in-law were reported as carrying out any kind of abuse that might also be a criminal offence, for example, theft or neglect.

If the police considered your mother to be in immediate danger from physical harm, they might also be able to apply to court for an emergency protective order. This kind of order is not available in all provinces.

Is emotional or psychological abuse a criminal offence?

The Criminal Code doesn't fully address the issue of emotional or psychological abuse of adults in terms of making it criminal behaviour. Some criminal offences are committed by making a threat to cause harm to someone, to someone close to that person, or to that person's property:

• Assault can be committed by attempting or threatening to apply force to another person if the other person believes that the abuser has the ability to carry out the act.
• The offence of harassment includes behaviour of threatening conduct directed at another person where that person then fears for her or his safety.
• The law defines the offence of uttering threats as follows: when someone knowingly utters, conveys, or causes anyone to receive a threat
  • to kill or physically harm someone;
  • to burn, destroy, or damage property; or
  • to kill, poison, or injure an animal or bird belonging to the victim.

There may be legislation in your province or territory concerning the treatment of neglected adults. If emotional abuse is covered by that legislation, there may also be a criminal component that could involve a fine and/or possibly a short-term prison sentence. Your provincial government offices will know if such legislation exists in your area.

Going to Court

My mother was the victim of an insurance scheme to defraud seniors. She was interviewed by the police and has received a subpoena to go to court. Does she have to go?

Yes. It is a criminal offence not to comply with a subpoena. If she doesn't attend, a warrant can be issued for her arrest and she can be charged with contempt of court.

What can my mother expect at court when she goes to give evidence?

When someone pleads not guilty to a criminal offence, there has to be a trial to determine if that person is guilty or innocent. The police or the prosecutors will try to establish the guilt of the accused person by calling witnesses, such as your mother, to give evidence about the events. The trial might be in Provincial Court or Court of Queen's Bench. The information about where to go will be on the subpoena. The purpose of the court proceeding will be to either establish that there is enough evidence for the accused person to stand trial, or it will be the trial itself.

At court, your mother will have to wait outside the courtroom until she is called in. She will then be asked to swear or affirm an oath that the evidence she gives will be the truth. The prosecutor will then question her about the events leading to the accused being charged. Following these questions, the lawyer defending the accused (or if there is no lawyer, the accused) will cross-examine your mother. If there are no further questions and no need for her to stay, the judge will release your mother and she will be free to leave. This is the general procedure for anyone attending court to give evidence in relation to any criminal case.

The court proceedings sound overwhelming for my mother at her age. Since I don’t live in the same city, is there someone who can go with her?

There are agencies that will assist victims through the court process, such as the John Howard Society and the Elizabeth Fry Society. Her local police or court office will know if such a service is available in her area.

Rights of Victims

The people charged with defrauding a group of seniors at my mother’s club have decided to plead guilty to the charges. My mother has been asked if she wants to register a victim impact statement with the court. What is this?

A victim impact statement is a statement by someone who was the victim of a criminal act. The statement must be in writing and filed with the court. It can include details about how the offence has affected your mother emotionally and financially. The court will consider victim impact statements when it is sentencing the convicted person.

Can my mother get any of her money back that she lost as a result of the fraud?

When a person is sentenced for a criminal offence, the judge can consider a request for restitution or compensation from a victim. The restitution or compensation will relate to losses suffered as a result of the crime. It can include such losses as stolen property, lost wages, and moving costs. The request has to be made before a judge sentences the offender, so it is important that the prosecutor have all the necessary information before sentencing.

In addition, most provinces have a fund to compensate victims of crime. Often compensation is only payable for injuries or death rather than financial losses. Some statutes, however, set up schemes to compensate victims of financial crimes. The provincial government office will know what options are available to your mother.

Another possible route is to sue a person for compensation in the civil courts. If an offender doesn't pay any money ordered by a court, whether as a result of criminal or civil proceedings, there are other court processes your mother can use to try to recover the money.

Protection Orders

I am really worried about my grandfather who lives with my uncle. I am sure my uncle is hurting him physically. Is there anything I can do to quickly get help for my grandfather?

Some provinces have laws that deal with issues of family violence or violence against vulnerable or neglected adults. The laws may provide a way for the police or another authority to apply for emergency orders from court to protect victims. In some provinces the laws are about family violence or domestic violence, and in other provinces the law may be about vulnerable or neglected persons or adults. The law in your grandfather's province might not cover the situation that he is in, particularly the laws that deal with domestic or family violence. For example, some laws require that the victim be living with the family member, which would not help in all situations of elder abuse.

An emergency order may allow for your grandfather to be removed from the house, or even for your uncle to be removed from the house. Often, there has to be a court hearing a few days after the emergency order to either confirm the order for a longer period or to discontinue it. Emergency measures such as these are often available 24 hours a day, so that they can be obtained during the night.

How do I know if there is a law that covers my grandfather’s situation? Is there something I can do if local laws don't cover his situation?

The local social services or police will be able to tell you if a law exists in the area that applies to your grandfather's situation. Even if there is no specific law in his province, or the law does not apply to his situation, the abuse may still be a criminal offence that can be reported to the police or to other authorities. You can also talk to your grandfather (or any victim), and encourage and assist him to remove himself from the situation.

I would like to get my mother away from my sister’s house because I think my brother-in-law is physically abusing her. So far she has only had minor bruises, so I don't feel I need to rush to the police. Is there anything else I can do?

Some provinces have laws that deal with either issues of family or domestic violence or with the issue of neglected or vulnerable adults. As well as providing protection in emergency situations, the laws may also provide for someone to apply for a protective order for an adult in a non-emergency situation. Alternatively, the law may provide for notification of neglect to an agency that will then investigate and take appropriate action.

Provincial government offices will be able to tell you if such a law exists in your mother's area. You must find out whether the law in the jurisdiction applies to the situation. For example, some provincial laws about family violence require that the victim be living with the family member, which would not help in all situations of elder abuse (but applies to your mother's situation). Even if there is no specific law in your mother's province, or the law does not apply to her situation, the abuse may still be a criminal offence that can be reported to the police or to other authorities. You can also talk to your mother, and encourage and assist her to remove herself from the situation.

Is there anything I can do to get my abusive son to stay away from me?

Yes, there are a number of avenues you can explore:

• Find out if your province has any legislation about family violence or adults at risk. If you fit within the terms of the law, you might be able to apply for a protective order to keep your son away.
• Apply for a restraining order.
• Apply for a peace bond.

Restraining Orders

What is a restraining order?

It is an order granted by a civil court that orders a person or persons to stay away from you. It prohibits the abuser from hurting or threatening to hurt those named in the order.

The order can include special terms that state how far away the person must stay from you and identify specific locations where the person must not attend or try to contact you, for example, your home or workplace. The order can also be extended to cover any children in your care. Please note that a court order provides some protection, but it is not a guarantee of your safety. You should continue to take steps to protect yourself and anyone else who might be at risk of abuse or violence.

The judge granting the order will decide in each case how long the order should remain in effect.

How do I get a restraining order?

A restraining order is granted by the civil courts and can only be requested during normal court hours. When you apply for a restraining order, you are called the "applicant" and the person against whom the order is being sought is called the "respondent".

In order to obtain a restraining order, you must make an application to a judge. If you are on a low income, you may be able to apply for Legal Aid for legal assistance in getting a restraining order. If you are in an emergency situation and require a restraining order very quickly, be sure to tell the staff at the Legal Aid office.

In a non-emergency situation, notice of the application for a restraining order must be given to the respondent. That person can then choose to attend the application and speak about the order being granted from his or her perspective.

Should my aunt seek the help of a lawyer to apply for a restraining order?

She can apply for a restraining order without a lawyer. In some areas, the courts provide kits to help people prepare an application for a restraining order. A social service agency may be available to help your aunt. The court office should be able to tell her if such an agency exists in her area.

On the other hand, it can be helpful to retain a lawyer, especially if your aunt wants to ask for an ex parte restraining order and the forms need to be completed quickly.

My aunt is not very wealthy. Is there any financial assistance available to apply for a restraining order?

Your aunt may be able to get assistance from Legal Aid. She will find her local Legal Aid office in the phone book.

Some larger centres may also have other agencies that can help. For example, there might be social agencies that offer legal assistance to those on low incomes or student law associations. You may have to make some calls on her behalf to local social service offices, provincial law societies, provincial government offices, university law schools, or courthouses to find out what is available in her area. The provincial law society might also offer an introductory scheme by lawyers for preliminary legal advice.

If she decides to hire a lawyer privately, encourage her to discuss fees early. It might be possible to come to an arrangement with a lawyer regarding a lump sum fee or an easy-to-manage fee schedule.

What kinds of terms can be included in a restraining order?

The court will not automatically set specific terms of an order. You must be sure to ask the court for the particular terms that are going to apply in your circumstances and that are going to help keep you safe. If you have a lawyer working for you, you must tell the lawyer all relevant information so that he or she can make the right request on your behalf. It is very important to include a term that gives the police the power to arrest the respondent if the order is broken.

Before you serve the respondent with a copy of any order obtained in his or her absence, you must first file your order with the court. The procedure in each province may vary, but generally you will take the original order and a number of copies to the court. The court will then stamp them as filed and they can be served on the other party.

Would my aunt have to serve the restraining order herself?

No, she should not serve the order herself. She should hire a process server to serve the order. After the order has been served, the process server will give her an Affidavit of Service, which is a sworn statement explaining when and how the order was served. The affidavit must then be filed with the court.

How will the restraining order protect my aunt against her abusive son?

If her son should try to contact her or visit her in breach of the restraining order, she will be able to call the police to arrest him. Possession of the order, however, is not a guarantee of her safety and she should continue to exercise caution in her daily routine.

Once your aunt has obtained a restraining order, she must register it with the police. The police keep the order on their computer system, so that if the order is disobeyed they can act quickly. She should contact her local police to see if there are any particular requirements to register the order with them. For example, there might be a requirement to file a Statement of Description of the person named in the restraining order together with a photo or a requirement to file a copy of the filed Affidavit of Service. Even if she has a lawyer obtain her restraining order for her, she must make sure that it has been filed with the police, either by the lawyer or by herself.

Encourage your aunt to carry a copy of the restraining order with her at all times. If a person breaches the terms of a restraining order, the person can be arrested. If she carries a copy of the order, she will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender.

Peace Bonds

What is a peace bond?

A peace bond is an order from a criminal court which requires someone to keep the peace and obey any other conditions that the court puts in the order.

A peace bond can be used as a form of punishment when someone has committed a minor criminal offence. The offender can be bound over to keep the peace for up to one year, which means that he or she has to stay out of trouble and not be charged with any criminal offences.

A peace bond can also be used in the situation where a person fears for his or her safety, children, or property. This can be the situation where an older adult is subjected to certain kinds of abuse. A peace bond cannot be used to protect from emotional or financial abuse. A court can grant a peace bond that requires the abuser to have no contact with the older adult and to stay away from specific locations.

I would like to help my aunt apply for a peace bond against her son. How do I do this?

Your aunt does not need a lawyer to apply for a peace bond, so the process can be less expensive than applying for a restraining order. Her role in the process is as a "complainant". Your aunt will have to make a formal complaint to those who work in the criminal justice system, and they then handle the matter. The process can take longer than applying for a restraining order. A peace bond can only be applied for during normal court hours.

Each jurisdiction may have a slightly different procedure for applying for a peace bond. The police or the local Provincial Court-Criminal Division will be able to tell you what to do in your aunt's area.

My aunt lives in Edmonton, Alberta. Can you describe a likely course of action?

In Edmonton, after your aunt has obtained a file number from the police, she needs to call the Provincial Court-Criminal Division and ask for an appointment with a Justice of the Peace. The Justice of the Peace will take details of your aunt's complaint and forward it to the Crown Prosecutor's Office, which will determine if there are grounds for a peace bond.

If there are grounds, a summons is issued for the abuser to appear in court. In a situation where the Justice feels that someone may be in great danger, he or she can order the police to arrest the alleged abuser and bring that person to court right away. Your aunt must be prepared to appear in court and give evidence about why she is seeking a peace bond. If her abuser does not show up, the court may issue the peace bond if satisfied that there are grounds. Anyone found in breach of a peace bond could be charged and convicted of an offence.

How long does a peace bond last?

A peace bond can be granted for a maximum of twelve months. As with a restraining order, you should always carry a copy with you so that, if necessary, a police officer knows that the police have authority to arrest a person in breach of the order. As with restraining orders, there are agencies that can assist with obtaining peace bonds. The local police department will be able to tell you what assistance is available in your area.

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This page was last updated in June, 2009.

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