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EspañolWhat is the legal definition of elder abuse?
“Elder abuse” is defined as any of the following:
- physical injury;
- unreasonable confinement;
- unreasonable punishment;
- assault;
- a sexual offense;
- financial exploitation; or
- neglect.1
“Neglect” means that a caretaker has prevented the elder from getting the minimum care necessary to maintain his/her life or health. This could include depriving the elder of:
- food;
- shelter;
- clothing;
- supervision;
- physical or mental health care; or
- other necessary care.1
1 Iowa Code § 235F.1(5)(a)
Who can file for an elder abuse protective order?
You can file for an elder abuse protective order if you are at least 60 years old and unable to protect yourself from elder abuse due to:
- a mental or physical condition; or
- a personal circumstance that results in an increased risk of harm.1
If a victim of elder abuse cannot file on his/her own, a “substitute petitioner” can file on his/her behalf. A substitute petitioner can be a:
- family or household member;
- guardian;
- conservator;
- attorney in fact;
- guardian ad litem; or
- another interested person.2
1 Iowa Code §§ 235F.2(1); 235F.1(17)
2 Iowa Code § 235F.1(15)
Where can I file for an elder abuse protective order?
The petition can be filed in the district court of the county where the elder lives or the abuser lives. There is no cost to file the petition or to have the sheriff serve the petition.1
1 Iowa Code § 235F.2(1), (3)(a), (3)(b)
What types of elder abuse protective orders are available? How long do they last?
When you file your petition, the judge can issue a temporary order, which will last until your court hearing in five to 15 days. Or, if you file during non-business hours, the judge can issue an emergency order, which can last up to 72 hours.1
A final protective order can last for up to one year but can be extended as many times as needed.
The judge can extend the order if, after a hearing, the judge believes that the abuser continues to:
- pose a threat to the safety of the elder, to people who live with the elder, or to members of the elder’s immediate family; or
- present a risk to the elder of financial exploitation.2
To read about the protections that a judge can include in a protective order, you can read Iowa Code § 235F.6 on our Selected Iowa Statutes page.
1 Iowa Code §§ 235F.5(1), (2); 235F.7(1), (2)
2 Iowa Code § 235F.6(5)
