Best Elder Abuse Law Lawyers in Arlesheim

About Elder Abuse Law Law in Arlesheim, Switzerland

Elder abuse law in Arlesheim sits within the Swiss legal framework and is enforced locally in the canton of Basel-Landschaft. Abuse can be physical, psychological, sexual, financial, or take the form of neglect or unlawful restraint. Swiss criminal law punishes perpetrators. Swiss civil law provides fast protective measures and compensation routes. Adult protection authorities known as KESB can step in when an older person is at risk or lacks decision-making capacity. Local police and prosecutors handle crimes. Care homes are regulated and supervised at the cantonal level.

Key laws include the Swiss Criminal Code, the Swiss Civil Code provisions on adult protection and protective orders, and the Swiss Code of Obligations on liability and damages. Victims also have access to free and confidential support under the Swiss Victim Assistance Act. Proceedings in Basel-Landschaft take place in German, but lawyers can arrange interpretation.

Why You May Need a Lawyer

You may need a lawyer to secure safety fast. A lawyer can request court protective measures such as no-contact orders and temporary exclusion of an abuser from the home. A lawyer can report crimes to police, liaise with the prosecutor, and request restraining conditions during a criminal case.

You may need help with KESB. A lawyer can notify KESB about an at-risk adult, respond to KESB investigations, propose tailored support measures, challenge inappropriate placements, and appeal KESB decisions within short deadlines.

You may need to stop financial exploitation. A lawyer can challenge abusive powers of attorney, freeze accounts, recover stolen assets, void unfair contracts, and coordinate with banks and insurers. Civil claims can seek damages and moral compensation.

You may need help with care standards. A lawyer can assess neglect in home care or institutions, trigger inspections by the cantonal supervisory authority, negotiate corrective plans, and file civil or criminal claims for neglect or assault.

You may need planning tools. A lawyer can prepare an advance care directive and a healthcare directive to prevent future abuse and clarify who can represent you under Swiss law.

Local Laws Overview

Criminal accountability. The Swiss Criminal Code covers bodily harm, threats, coercion, sexual offenses, theft, embezzlement, fraud, breach of trust, and usury. Domestic violence can be prosecuted ex officio in many cases. Protective conditions can be ordered during criminal proceedings.

Adult protection. The Swiss Civil Code provides advance care directives and patient directives, and empowers KESB to order tailored protective measures called forms of guardianship. These include support guardianship, representation guardianship, co-decision guardianship, and comprehensive guardianship. KESB can also order a therapeutic placement in a facility if statutory conditions are met.

Duty and right to notify KESB. Anyone may notify KESB if an adult appears to be in need of protection. Certain authorities and professionals can have a reporting duty. Professional secrecy rules allow reporting to prevent serious harm under defined conditions.

Civil protective orders. Courts can issue fast measures to protect personality rights. Orders can include a no-contact rule, a ban from entering the home, and removal of an abuser from shared housing. Violations can trigger criminal penalties.

Compensation. The Code of Obligations allows claims for financial loss and moral damages caused by unlawful acts. Time limits generally run for three years from knowledge of the damage and ten years from the act, with different limits for serious offenses.

Victim assistance. Under the Victim Assistance Act, victims of crimes against their physical, psychological, or sexual integrity receive free counseling, emergency help, and possible financial contributions to costs through cantonal victim support centers.

Care home oversight. Basel-Landschaft supervises residential and nursing homes, sets quality rules, and investigates complaints. Findings can support legal claims or corrective measures.

Frequently Asked Questions

What counts as elder abuse under Swiss law

Elder abuse includes physical assault, threats, coercion, sexual offenses, neglect or abandonment by a caregiver, unlawful restraint, and financial exploitation such as theft, embezzlement, fraud, or abusive contracts. Swiss law protects any adult, with special tools for adults with diminished capacity.

How do I report suspected abuse in Arlesheim

In an emergency call 117 for police or 144 for medical help. For non-urgent situations you can file a police report, contact the local victim assistance service, and notify KESB if an adult seems at risk or unable to protect themselves. A lawyer can coordinate all three and help present evidence clearly.

What is KESB and when does it get involved

KESB is the Child and Adult Protection Authority for the canton. It assesses risk, capacity, and needed support. It can impose or tailor guardianship measures, appoint a representative, restrict the validity of a power of attorney, or order a placement if legal conditions are met. It acts when less intrusive alternatives are insufficient.

Can I get a no-contact order or removal of an abuser from shared housing

Yes. Civil courts can issue protective orders that ban contact, require a person to leave the shared home, and prohibit approaching certain places. These can be granted on an urgent basis if there is imminent harm. Police can also issue short-term eviction orders under public safety rules, followed by court review.

How can we stop financial exploitation and freeze accounts

A lawyer can request precautionary measures from a civil court, notify banks of disputed authority, and ask KESB to limit or suspend a power of attorney. Criminal complaints for theft, embezzlement, or fraud can lead to seizure of assets. Civil actions can recover funds and void abusive transactions.

What if the victim has dementia and already signed a power of attorney

Swiss law respects valid mandates, but KESB can intervene if the principal lacks capacity or the agent acts improperly. KESB may supervise, limit, or revoke an agent’s authority, and appoint a guardian if needed. Courts can also review transactions for fairness and capacity at the time of signing.

Who pays for a lawyer and is legal aid available

Lawyers usually bill hourly or at fixed rates. If you cannot afford counsel and your case is not hopeless, you can apply for legal aid, which can cover court fees and a lawyer. Victim assistance services provide free counseling and may contribute to certain costs.

What evidence should I collect

Keep medical records, photos of injuries, care notes, bank statements, contracts, messages, and witness details. Record dates, times, and descriptions of incidents in a dated log. Preserve packaging, devices, or documents related to financial transactions. Do not put yourself at risk while collecting evidence.

How quickly can the court or KESB act

Urgent civil protective orders can be issued quickly, sometimes within days or even hours on a summary basis. KESB can adopt interim measures if there is immediate danger. Police can intervene at once in emergencies. Timelines vary with the facts and the need for expert assessments.

Are care homes regulated and how do I complain

Yes. Care homes in Basel-Landschaft are licensed and supervised by the cantonal health authorities. You can complain to the home management, to the cantonal supervisory body, to KESB if a resident is at risk, and to the police if crimes are suspected. A lawyer can help frame the complaint and request corrective action.

Additional Resources

Police Basel-Landschaft. For emergencies call 117. For non-urgent reports contact the local police post to file a complaint and seek protective measures.

KESB Basel-Landschaft. The regional Child and Adult Protection Authority for Arlesheim can assess capacity and risk, appoint guardians, and order protective measures.

Public Prosecutor Basel-Landschaft. Handles criminal investigations and prosecutions related to abuse and exploitation.

Victim assistance center beider Basel. Provides confidential counseling, safety planning, and financial support under the Victim Assistance Act.

Pro Senectute Basel-Landschaft. Offers advice and support for older adults, including guidance on preventing financial abuse and accessing services.

Alter ohne Gewalt helpline. A national elder abuse advice and reporting service that offers confidential guidance and referral.

Heimaufsicht Basel-Landschaft. The cantonal supervisory authority for care homes handles quality oversight and investigates complaints about institutional care.

Swiss Red Cross Basel-Landschaft and local Spitex services. Community care providers that can flag risks, coordinate support, and help stabilize at-home care arrangements.

Medical emergency services. Call 144 for ambulance and urgent medical care. Hospitals and doctors can document injuries and report imminent risks.

Next Steps

Ensure safety first. If you or someone else is in danger, call 117 for police or 144 for medical help. Seek a safe place and urgent medical attention if needed. Ask for documentation of injuries.

Preserve evidence. Keep records, photos, financial documents, and a written incident log. Do not confront a suspected abuser if it increases risk.

Notify authorities. File a police report for suspected crimes. Notify KESB if an adult appears unable to protect themselves or is being exploited. Ask about interim protective measures.

Consult a lawyer early. Choose a lawyer experienced in elder abuse, adult protection, and civil protective orders in Basel-Landschaft. Bring identification, medical records, financial statements, any power of attorney, and correspondence. Ask about urgency, strategy, and legal aid eligibility.

Request protective measures. Your lawyer can seek a no-contact order, exclusion from the home, freezing of assets, and appointment or review of a guardian. Courts can act quickly when there is imminent harm.

Engage support services. Contact victim assistance for confidential counseling and practical help. Consider community care support to stabilize living conditions and reduce risk.

Plan for the future. Set up or review an advance care directive and a healthcare directive. Clarify trusted representatives. Review bank safeguards such as dual signatures or spending alerts.

Note. This guide is general information, not legal advice. For advice tailored to your situation in Arlesheim, consult a qualified lawyer in Basel-Landschaft.