Elder abuse in Virginia is prosecuted under state law as physical abuse, neglect, or financial exploitation of a vulnerable adult, with penalties running from a Class 1 misdemeanor to a Class 3 felony carrying five to twenty years in prison when the abuse causes death. Reports go to Virginia’s Adult Protective Services hotline at (888) 832-3858, which operates 24 hours a day, and courts can issue emergency protective orders when a victim faces immediate danger.
Who Virginia Law Protects
The criminal statute doesn’t limit protection to older adults. Virginia Code 18.2-369 uses the term “vulnerable adult,” which covers any person 18 or older whose mental illness, intellectual or developmental disability, physical illness, age, or other condition leaves them unable to make reasonable decisions about their own well-being or to independently handle daily needs, finances, or legal interests.1Virginia Code Commission. Virginia Code Title 18.2 Chapter 8 Article 4 – Family Offenses, Crimes Against Children, Etc. A 45-year-old with a traumatic brain injury qualifies just as much as an 85-year-old with dementia.
Adult Protective Services applies a slightly narrower intake standard. A valid APS report requires that the alleged victim is either 60 or older, or 18 or older and incapacitated.2Virginia Code Commission. 22VAC30-100-20 – Adult Protective Services Intake and Investigation Criminal charges, however, can be brought whenever the victim meets the broader statutory definition.
What Counts as Abuse
Physical Abuse and Neglect
Virginia Code 18.2-369 defines abuse as knowingly and willfully causing physical injury or pain, or using physical restraint as punishment or for the caregiver’s convenience rather than as genuine medical care.3Virginia Code Commission. Virginia Code 18.2-369 – Abuse and Neglect of Vulnerable Adults; Penalties Hitting, shoving, burning, or tying someone to a bed to avoid supervising them all fit.
Neglect under the same statute means a responsible person knowingly and willfully fails to provide treatment, care, goods, or services in a way that injures the adult’s health or endangers their safety. Typical cases involve malnutrition, untreated bedsores, missed medications, or dangerously unsanitary living conditions. The word “willful” matters. An overwhelmed caregiver who doesn’t know better sits in a different legal position than one who deliberately withholds food or medicine.
Financial Exploitation
Virginia Code 18.2-178.1 targets financial exploitation separately. The offense occurs when someone who knows or should know that another person is a vulnerable adult uses that impairment to take, obtain, or convert their money or property with intent to permanently deprive them of it. Anyone found guilty is treated as having committed larceny.4Virginia Code Commission. Virginia Code 18.2-178.1 – Financial Exploitation of Vulnerable Adults; Penalty
Financial exploitation is often the most common form of elder abuse, and it usually comes from people the victim trusts. Family members draining bank accounts, caregivers pressuring an elderly person to sign over property, and acquaintances running up credit card charges all fall within the statute.
Self-Neglect
APS also responds to self-neglect, which involves no outside abuser. Under federal regulations, self-neglect means an adult’s physical or mental impairment creates a serious risk of harm because they cannot manage essential tasks like obtaining food, maintaining hygiene, securing medical care, or handling their finances.5eCFR. Title 45, Part 1324, Subpart D – Adult Protective Services Programs These cases typically end in community services, not criminal charges.
How to Report Suspected Abuse
Adult Protective Services
The Virginia Department of Social Services runs a toll-free APS hotline at (888) 832-3858, staffed around the clock. You can also file a report online or call your local department of social services during business hours.6Virginia Department of Social Services. Report Abuse or Neglect Anyone can make a report, no proof is required, and reports can be made anonymously. A reasonable suspicion is enough.
Mandated Reporters
Certain professionals must report suspected adult abuse, neglect, or exploitation immediately when they encounter signs in their professional capacity. Mandated reporters include physicians, nurses, EMS personnel, mental health professionals, law enforcement officers, guardians, conservators, and anyone employed by or contracted with agencies that provide direct care to adults.7Virginia Code Commission. Virginia Code 63.2-1606 – Mandated and Voluntary Reporting The deadline is immediate. The 24-hour window that applies to child abuse reports doesn’t apply here.
A mandated reporter who fails to file faces civil penalties of up to $500 for the first failure and between $100 and $1,000 for each subsequent one. Mandated reporters working in hospitals or nursing facilities may report to the person in charge, but that person then becomes responsible for filing with APS.
Financial Institutions and Federal Channels
Banks and credit unions often see financial exploitation first: unusual large withdrawals, new names added to accounts, sudden wire transfers to unfamiliar recipients. Virginia Code 63.2-1606 allows financial institutions to report suspicious transactions involving elderly customers to APS.
For online scams and telemarketing fraud, file a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov. IC3 operates an Elder Fraud Hotline at (833) 372-8311, staffed Monday through Friday, 10 a.m. to 6 p.m. Eastern time.8Internet Crime Complaint Center. Elder Fraud Reports to the FTC at reportfraud.ftc.gov feed a nationwide database used by law enforcement to detect fraud patterns.9Federal Trade Commission. Report Fraud
What Happens After You Report
If APS determines the report is valid, the local department must begin investigating within 24 hours. An investigator conducts a face-to-face visit with the alleged victim as soon as possible, and no later than seven days after the investigation starts. The investigation includes private interviews with the victim, consultations with people who may have relevant knowledge, and an assessment covering the adult’s physical and mental condition, living environment, support system, and financial situation.2Virginia Code Commission. 22VAC30-100-20 – Adult Protective Services Intake and Investigation
APS can connect victims with in-home assistance, financial management help, temporary housing, and other community resources. When the investigation uncovers criminal conduct, APS coordinates with law enforcement.
Emergency Protective Orders
When a vulnerable adult faces immediate danger, Virginia law offers two court routes. Any judge or magistrate can issue an emergency protective order under Virginia Code 19.2-152.8 when a law enforcement officer or alleged victim asserts under oath that the person has been subjected to violence, force, or threats. The order can prohibit contact, proximity, or further harmful conduct.10Virginia Code Commission. Virginia Code 19.2-152.8 – Emergency Protective Orders Authorized
Under Virginia Code 63.2-1609, a local department of social services can petition the circuit court for an emergency order authorizing adult protective services. The court must find that the adult is incapacitated, an emergency exists, the adult lacks capacity to consent to services, and the department’s investigation supports the order. When granted, the court can appoint a temporary guardian for the adult’s welfare and, if financial exploitation is involved, a temporary conservator to manage money and property.11Virginia Code Commission. Virginia Code Title 63.2 Chapter 16 Article 2 – Adult Protective Services
These emergency orders last 15 days and can be renewed once for an additional five days. The court can also prohibit the alleged abuser from contacting the victim, committing further acts of violence or exploitation, or communicating with the victim’s family members. Violating any of these conditions is a Class 1 misdemeanor.
Criminal Penalties
Abuse and Neglect
Penalties under Virginia Code 18.2-369 scale with the harm caused:
- No serious bodily injury: Class 1 misdemeanor, up to 12 months in jail and a fine of up to $2,500.3Virginia Code Commission. Virginia Code 18.2-369 – Abuse and Neglect of Vulnerable Adults; Penalties12Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
- Second or subsequent offense without serious injury: Class 6 felony, one to five years in prison, or at the court’s discretion up to 12 months in jail and a fine of up to $2,500.
- Serious bodily injury or disease: Class 4 felony, two to ten years in prison and a fine of up to $100,000.13Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
- Death: Class 3 felony, five to twenty years in prison and a fine of up to $100,000.
Courts also weigh the victim’s vulnerability and the defendant’s position of trust when sentencing within these ranges.
Financial Exploitation
Because Virginia Code 18.2-178.1 treats financial exploitation as larceny, penalties track the larceny thresholds. Money or property worth $1,000 or more makes the offense grand larceny, punishable by one to twenty years in prison or, at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.14Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished Below $1,000, the offense is petit larceny, a Class 1 misdemeanor.
Federal Sentencing Enhancements
When financial exploitation involves telemarketing or email schemes, federal law can add substantial prison time. Under the Elder Abuse Prevention and Prosecution Act, a person convicted of federal fraud in connection with telemarketing or email marketing targeting people over 55 faces an additional five years of imprisonment on top of the underlying sentence. If the scheme victimized ten or more people over 55, or specifically targeted that age group, the enhancement rises to ten additional years. Courts must also order forfeiture of all proceeds and equipment used in the scheme.15U.S. Government Publishing Office. Elder Abuse Prevention and Prosecution Act of 2016
Civil Recovery
Criminal prosecution isn’t the only path. Victims or their families can pursue civil lawsuits to recover financial losses and hold abusers accountable for the harm caused.
Virginia has no standalone civil cause of action specifically for elder abuse. Victims rely on established theories like battery, negligence, fraud, and breach of fiduciary duty. If the abuse resulted in death, Virginia’s wrongful death statute allows the victim’s personal representative to sue the person or entity responsible.16Virginia Code Commission. Virginia Code 8.01-50 – Action for Death by Wrongful Act; How and When to Be Brought Nursing home negligence cases frequently proceed under this framework when a facility’s failure to provide adequate care leads to a resident’s death.
In financial exploitation cases, courts can impose constructive trusts to recover misappropriated assets. When an agent under a power of attorney has been stealing from the principal, Virginia Code 64.2-1614 authorizes judicial relief, and the power of attorney can be terminated under Virginia Code 64.2-1608.17Virginia Code Commission. Virginia Code Title 64.2 Chapter 16 Article 1 – General Provisions Civil cases carry a lower burden of proof than criminal cases, so a victim can win a civil judgment even when criminal charges don’t produce a conviction.
When elder fraud leads to a federal conviction, mandatory restitution often applies. Under 18 U.S.C. 3663A, a defendant convicted of an offense involving fraud or deceit must pay restitution equal to the greater of the property’s value at the time of the loss or its value at the time of sentencing. Victims can also recover lost income and expenses incurred during the investigation and prosecution.18Office of the Law Revision Counsel. 18 U.S. Code 3663A – Mandatory Restitution to Victims of Certain Crimes
Nursing Home Residents
Any skilled nursing facility that accepts Medicare or Medicaid must meet federal care standards under 42 U.S.C. 1395i-3. Those standards include the right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and restraints used for discipline or convenience. Restraints require a physician’s written order specifying duration and circumstances. Facilities must also provide 24-hour licensed nursing coverage, maintain individualized care plans, conduct comprehensive resident assessments, and post daily staffing levels for each shift.19Office of the Law Revision Counsel. 42 U.S. Code 1395i-3 – Requirements for, and Assuring Quality of Care in, Skilled Nursing Facilities
When a nursing home suspects abuse, neglect, exploitation, or unexplained injuries, federal regulations require the facility to report the incident to the State Survey Agency and submit its internal investigation results within five working days.20Centers for Medicare & Medicaid Services. Revisions to the State Operations Manual Chapters 5 and 7 If the incident may be a crime and the agency can’t confirm the facility notified police, the agency forwards the information to law enforcement. Facilities that fail these obligations risk sanctions, fines, and loss of Medicare and Medicaid certification.
Virginia also operates the Office of the State Long-Term Care Ombudsman, which investigates complaints about nursing homes and assisted living facilities and can advocate for residents who can’t navigate the complaint process themselves.
Scams That Target Older Virginians
Not all financial exploitation comes from someone the victim knows. The FTC warns that “grandkid scams” remain widespread. A caller claims to be a grandchild in urgent trouble, needing bail money, hospital payment, or help after an accident, and pressures the older adult to send money immediately while keeping it secret from the rest of the family. Scammers often pull details from social media or hacked email accounts to make the call feel genuine.21Consumer Advice (FTC). Grandkid and Family Scams
Hang up and verify. Look up your grandchild’s phone number independently and call them directly, or check with another family member before sending anything. A real emergency won’t evaporate because you took five minutes to confirm the story. If money was already sent, report it to the FTC at reportfraud.ftc.gov and file a complaint with the FBI’s IC3 at ic3.gov. Virginia residents can also call the IC3 Elder Fraud Hotline at (833) 372-8311 for help with the reporting process.