Bill and his niece Betty live together. Betty can be very helpful to Bill, but there are times when Betty gets impatient with Bill when he is moving around the apartment. She pushes him to move faster, causing him to fall. She tells Bill that he is old, clumsy, and useless. Recently, Betty poured boiling water on Bill's hand as she was making him a cup of tea. Bill screamed as the water hit his hand and badly burned it. Bill's neighbour heard the screams and immediately called the police as it was not the first time that she had heard Bill screaming.
Is Betty abusing Bill?
Yes, Betty is physically and verbally abusing Bill.
What are some indicators that suggest an older adult is being physically abused?
An older adult may display some or all of the following:
NOTE: Some of these indicators may be present and the older adult is not being abused.
What can the police do when they arrive at Bill’s apartment?
The police will talk separately to Bill and to Betty. This is part of the
investigation process. They may lay charges if they have enough evidence that Bill has been abused.
Has Betty committed a crime?
Betty has committed an offence against Bill for pouring boiling water over Bill's hand. She could be charged as having committed assault, aggravated assault, or unlawfully
causing bodily harm.
Assault is:
Although Betty has been verbally abusive to Bill, in these particular circumstances there is little that the law can do
about that. The only kind of verbal abuse that is a criminal offence is a threat to kill or physically harm someone.
If Bill wants to involve the legal system, what does he have to do?
He has to make a criminal complaint.
What can Bill do to keep Betty away?
He can apply for court orders. These court orders tell Betty
to stay away. If Betty does not stay away, she can be punished.
Bill needs to talk to a lawyer or someone who understands these
orders to decide which order to apply for.
Updated: October 30, 2003
Do you think that Betty is abusing Bill? What are some indicators that suggest an older adult is being physically abused? The neighbour called the police and they arrived at Bill’s apartment. What can the police
do when they arrive at Bill’s apartment? Has Betty committed a crime? If Bill wants to involve the legal system, what does he have to do? The police decide not to lay charges but warn Betty to be careful when helping Bill. Betty gets very upset with Bill and becomes more abusive. After talking with his neighbour, Bill
decides to hire someone to help him and asked Betty to move out of his apartment. Betty does not move. What can Bill do to keep Betty away?
Emergency Protection Order under the Protection Against Family
Violence Act
This is an order that police can obtain from
the court to provide immediate protection to Bill.
Queen's Bench Protection Order under the Protection Against
Family Violence Act
This is an order that can be requested
in a non-emergency situation.
Restraining Order through the Civil Courts
A restraining
order is an order made by a judge that would order Betty to stay away from Bill and prohibit
her from hurting or threatening to hurt him.
Peace Bond through the Criminal Courts
A peace bond is an order from a criminal court. A court can
grant a peace bond that would require Betty to have no contact
with Bill and to stay away from specific locations.
Return to Bill's Story
© Legal Resource Centre of Alberta Ltd. 2002
OAK-Net: Abuse of Older Adults
Funded by the Alberta Law Foundation.