Chapter 22 - § 22.2 • CRISIS INTERVENTION: DAMAGE CONTROL

• Jurisdiction: Colorado

§ 22.2 • CRISIS INTERVENTION: DAMAGE CONTROL

A swift response to the alleged financial abuse is usually required to prevent further waste of the elder's resources and to pursue recovery of the elder's assets from the abuser before the trail of evidence goes cold. The following discussion reviews some immediate steps that the attorney can take for the client to prevent additional contact between the abuser and the elder, obtain immediate authority to control the remaining assets of the elder, and pursue formal discovery to trace assets.

§ 22.2.1—Separating the Victim and the Perpetrator: Using Criminal and Civil Protective Orders to Prevent Abuse of Elders

Since physical abuse, emotional abuse, or neglect often accompanies financial abuse, a protective order can be an effective tool to prevent further abuse of the victim and to separate the elder victim from the perpetrator of the abuse.

Financial investigations often take time to thoroughly discover the nature and extent of the crime. However, a victim's safety is most important. If law enforcement has probable cause to believe that an offense has occurred, they may arrest and charge the offender.³⁸ When law enforcement responds, they may or may not have enough evidence to arrest the perpetrator. Every person charged with a crime is subject to a protection order that states that the person is restrained from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.³⁹ Additionally, the district attorney, a victim, or witness may request that the court order additional protections, including ordering the defendant to vacate or stay away from the home of the victim or witness, ordering the defendant to refrain from contacting the victim or witness directly or indirectly, or ordering the defendant to refrain from the use of drugs or alcohol or prohibiting the possession of weapons.⁴⁰ When a court is determining the conditions for the defendant's release on bond, the court may impose additional conditions that will ensure the safety of any person or persons and the community.⁴¹ A protection order can be issued as a condition of the defendant's release from custody on bond.

Arresting the offender and restraining him or her from the victim and from the residence when the offender is a caretaker of the elder victim could leave the victim in further danger or in need of assistance. Law enforcement works closely with the Adult Protective Services section of the Human Services Department to ensure that the victim is not left without care. Protective proceedings may need to be initiated if alternatives are not found to ensure the safety and care of the victim.

If the elder victim is not in imminent danger and the financial exploitation needs further investigation before an arrest may be made and charges pursued, a civil protection order may be sought to separate the victim from the perpetrator. In addition to the protections...