Financial Abuse

Tennessee domestic abuse offenses generally include assault, sexual battery, and other violent offenses. In some situations, the offenses also include financial abuse or financial exploitation. If you have been accused of such offenses, you may face a felony criminal charge, restraining order, and other serious penalties. Seeking advice from a skilled Nashville domestic violence lawyer may help to minimize the consequences of these charges. Attorney Bernie McEvoy can represent people who have been arrested for domestic abuse offenses and crimes in Davidson and Williamson County and he has the dedication and experience to defend against such criminal charges.

Domestic abuse victims generally include adults or minors who live or who have lived together, who are related to each other, and who are current or former spouses, among others. In Tennessee, financial abuse is a crime committed against an elderly or vulnerable adult. In many cases, the defendant and the alleged victim of such abuse have a domestic relationship. For example, the defendant may be a relative or a live-in caretaker of the alleged victim. This type of abuse may include forging the signature of the victim, using or taking their property or possessions without permission, making them sign over a deed or turn over property against their will, cashing checks in their name without permission and other acts.

Tennessee recently enacted a law that makes it a crime to financially exploit people who are elderly or have diminished mental or physical capacity. The law protects elderly adults aged 70 years or older and vulnerable adults aged 18 years or older who, due to intellectual or physical disability, are unable to manage their own resources, carry out some or all of their daily activities, or protect themselves against neglect or exploitation without assistance from others.

Financial exploitation of an elderly or vulnerable adult may be charged in three situations. First, any person who commits financial exploitation when they use deception, undue influence, intimidation, force, or threats to obtain or exert control over an elderly or vulnerable adult’s property with the intent to deprive them of it. Second, financial exploitation may also be committed by a guardian, conservator, or power of attorney who breaches their fiduciary duty to an elderly or vulnerable adult, if it results in the sale or transfer of their property. Third, a caregiver may be charged with financial exploitation if the caretaker, with the intent to benefit themselves or a third party, obtains or exercise control over an elderly or vulnerable adult’s property without their effective consent.

If you are charged with financial exploitation, the court may freeze or seize your funds, assets, or property up to the amount allegedly involved in the crime. A conviction for financial exploitation is punishable as one classification higher than an ordinary theft crime, and potential penalties may include a prison sentence, fines, and/or probation. In addition, you may be placed on the Tennessee Abuse Registry.

Tennessee law requires the reporting of suspected elder abuse, including financial exploitation. Under the recently enacted statute, any person who reasonably suspects that an elderly or vulnerable adult is suffering, or has suffered, abuse or financial exploitation must report it to adult protective services. The law further provides that a person who fails to make reasonable efforts to report the abuse commits a Class A misdemeanor. In Tennessee, a misdemeanor conviction may result in jail time and/or a fine.

If you have been charged with financial abuse or any other domestic violence crime, a Nashville lawyer can defend you against the prosecution. Bernie McEvoy serves people located in Franklin, Nashville, and many other areas of Davidson and Williamson Counties. Arrange a free consultation regarding a domestic assault or financial exploitation case by calling (615) 255-9595 during the day or (615) 804-8779 after business hours and on weekends, or, alternatively, you can contact us online.