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ANCHORAGE, ALASKA 99501

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Abuse of the elderly can take many forms, from attempts by family members to obtain financial benefits to actual physical abuse which may constitute domestic violence. Despite the fact that families have suffered injuries due to Domestic Violence for centuries, only recently have these issues received national attention. The issue of elder abuse by their own children is finally being explored. As a result of this, elderly victims of violence may begin to obtain adequate protection. Both Federal and State laws have recently undergone changes to address concern which are being heard by the voices of the abused.

In July of 1996, a new law went into effect in Alaska which radically altered the existing domestic violence laws. In the past, if a domestic violence victim could convince a judge more likely than not that domestic violence occurred, a temporary restraining order would issue, normally for a period of 90 days. Today, a victim of domestic violence may receive a restraining order for a period of six months.

While the longer period of the restraining order is good news for the victims of violence, it is a double edged sword. A judge or magistrate may be more reluctant to issue a restraining order knowing that it now has the force of law for six months. Moreover, municipal and state prosecutors now have a legal obligation to receive education in domestic violence. Violation of a domestic violence order entered in a civil court is a crime. There has been in increase in the numbers of alleged abusers being prosecuted for committing domestic violence and violating domestic violence orders. Due to the seriousness of the current domestic violence laws, those who issue civil restraining orders may be finding it more difficult to act in the new system due to the harsh penalties which now apply. A brief 90 day period of cooling off could in the past be a good time for families to heal from abuse and attempt to solve their problems. With the longer orders and the higher likelihood of prosecution for those found to have committed domestic violence, the use of such restraining orders needs to target only the true abusers, not those who are simply trying to use the system for their advantage, as in a divorce or custody proceeding where one spouse desires custody of children or access to a marital home.

Recently the domestic violence laws were further modified by the Alaska Legislature in the Domestic Violence Prevention and Victim protection Act of 1996. The Act eliminates the filing fees in domestic violence actions.

Those convicted of the crime of domestic violence also face a harsh new Federal Law which went into effect in September of 1996. The law retroactively prevents those convicted of the misdemeanor crime of domestic violence from owning a gun, and subjects violators to up to 10 years in prison and a fine of up to $250,000. This law applies to law officers and military personnel, who use guns in order to perform their jobs. Although the intent of the law may have been genuine, it unfortunately punishes those convicted years ago who did not know that later they would lose their right to hunt or to learn from their mistakes and earn the right to later work as officers who uphold the laws. Some of these individuals may have failed to contest the charges simply to get back to their spouses and repair their relationships. They had no idea that years later the government would prevent them from ever owning or using a gun.

The new laws are an attempt to deal with the difficult area of family law violence. Elders certainly need protection from abusers, and the State Council on Domestic Violence and Sexual Assault must continue to deal with the issues of violence in Alaska, collect information about the effect of existing laws and study the issue to insure that proper protections exist for victims of domestic violence. At the same time, we must insure that a proper standard of proof is needed so that orders are issued only in appropriate cases, and that punishments to the abusers are adequate.

Abuse of elders can take many forms, including both physical and mental cruelty. Elders are also susceptible to financial abuse, as relatives may attempt to coerce their parents to sign over funds or modify or create wills in which they receive assets. If you have been subject to abuse by a member of your family, it may be wise to consult with an attorney to discuss appropriate steps that need to be taken. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW). This article is not intended to provide legal advice and should not be relied on for that purpose.