Both the federal government and state governments have enacted laws (statutes) that provide civil and criminal penalties for the abuse, neglect, and exploitation of older adults. Elder abuse may take many forms, including (1) financial or material exploitation; (2) physical abuse; (3) emotional or psychological abuse; (4) sexual abuse; (5) neglect; and (6) abandonment.

Domestic elder abuse generally refers to any of these types of abuse when committed by someone with whom the elder has a special relationship—such as a spouse, sibling, child, friend, or caregiver.

Institutional elder abuse generally refers to any of these types of abuse occurring in residential facilities—such as a nursing facility, assisted living facility, group home, board and care facility, or foster home—and is usually perpetrated by someone with a legal or contractual obligation to provide some element of care or protection.

Elder abuse laws vary from state to state and are usually located in a state’s statutes. The federal Elder Justice Act is located in the United States Code beginning at 42 U.S.C. §1397j.

In New Jersey, elder abuse is addressed through a combination of state statutes and federal law. The state's statutes encompass various forms of elder abuse, including financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. New Jersey law specifically addresses elder abuse in domestic settings, where the abuser has a special relationship with the elder, as well as in institutional settings like nursing facilities and assisted living facilities. Perpetrators in institutional settings often have a legal or contractual obligation to care for the elder. The Adult Protective Services Act (N.J.S.A. 52:27D-406 to 52:27D-419) is one of the key state laws providing protective services to adults aged 18 and over who, because of physical or mental illness or disability, are subject to abuse, neglect, or exploitation. The federal Elder Justice Act, part of the Affordable Care Act, provides an additional layer of protection, addressing elder abuse, neglect, and exploitation at the national level. It aims to coordinate federal elder justice activities and support the efforts of state and local entities involved in elder justice programs and activities.