The law in Colorado recognizes two civil actions that may form the basis of a civil lawsuit for emotional abuse. One is negligent infliction of emotional distress, and the other is intentional infliction of emotional distress. Success with either claim requires the victim to prove that they endured significant mental suffering or distress either because of the intentional conduct of another person or because of another person’s negligence.
Success with a claim of intentional infliction of emotional distress requires a victim to prove that another person engaged in conduct that is “so extreme and outrageous that it goes beyond the bounds of decency and is considered atrocious and intolerable in a civilized society.” A victim must also prove that the distress they suffered was severe.
To succeed with a claim of negligent infliction of emotional distress, a victim must prove that another person owed them a duty of care, which they breached, causing the victim to experience severe emotional distress. A local attorney in Colorado would be able to provide more information about claims for emotional distress.
In Colorado, victims of domestic violence are protected by other civil emotional abuse laws and criminal laws as well. Criminal domestic violence may be physical or sexual, but it can also be emotional or even financial. Certain types of criminal domestic violence may be verbal and can be perpetrated through all methods of communication, including written notes and letters, telephone calls, faxes, email, or voicemail.
Does Emotional Abuse Need to Be Reported?
Colorado law designates certain people who have relationships with children in the community and professional settings as those who are required by law to report suspected child abuse. In Colorado, a mandatory reporter who suspects child abuse or neglect must call 844-CO-4-Kids or report the information to a local law enforcement agency.
Among those who are required to report child abuse are all those who work in the health care field and the employees of both public and private schools. Social workers, veterinarians and law enforcement officers are also mandated reporters. People in other roles are mandated reporters also. They should be notified at work of their status and trained in recognizing abuse and neglect.
In Colorado, abuse of a child may be emotional abuse. It includes conduct toward a child that inflicts serious emotional or psychological damage or mental anguish. This may include active abusive conduct such as the following:
- Repeatedly demeaning a child verbally
- Frequently shouting or yelling at a child
- Telling harsh jokes at the expense of a child
- Isolating a child.
Emotional abuse might also be passive in character, such as the following:
- Failing to provide a child with the emotional support and nurturing they need
- Withholding expressions of kindness or affection
- Subjecting a child to long periods of silence.
A person who has questions about their obligation to report would benefit from an attorney consultation.
Emotional abuse of the disabled and the elderly is also specifically addressed by Colorado law.
Colorado law requires certain designated professionals to report physical abuse, sexual abuse, caretaker neglect, and mistreatment inflicted on elderly people or adults who are at risk. An at-risk adult is an adult with an intellectual or developmental disability. An at-risk elderly person is any person who is 70 or older.
Mandatory reporters must make their reports of suspected abuse or neglect to a local law enforcement agency where the adult lives.
Again, the law in Colorado protects adults with disabilities of any age from abuse, and the abuse may be emotional. Mandated reporters of abuse inflicted on vulnerable adults are directed to report the abuse to a law enforcement officer. The reports should be made as soon as a person suspects the abuse.
Mandated reporters are all medical personnel and financial personnel. If any person in one of these roles has reasonable cause to believe that a vulnerable adult is the victim of abuse, neglect, or exploitation, they are required by Colorado law to report it.
A person who thinks that they have been the victim of criminal domestic violence should report it to a law enforcement agency in the Colorado community in which they live. In Colorado law, domestic violence is defined as any criminal act of abuse that one person who has or has had an intimate relationship with a person inflicts on the other person in the relationship. Several Colorado criminal offenses may be considered domestic violence if there is a qualifying victim. These crimes may not be violent in nature.
A Colorado criminal law attorney would also be able to offer a person some guidance.
How to Prove Emotional Abuse in Court?
A victim should keep a journal of each incident of emotional abuse if they are able. They would also want to hold onto any evidence that shows the abuse, such as text messages, emails, smartphone recordings, the testimony of witnesses, and medical records of treatment for the abuse.
A person should seek an evaluation by a licensed psychologist or physician who may be able to document the symptoms of emotional abuse.
Emotional abuse is not physical by definition, but it may be inflicted along with conduct that constitutes physical or sexual abuse. A victim would want to prove that such conduct as the following took place:
- The use of offensive language and yelling
- Name-calling, mocking, and insults
- Verbal or physical threats or intimidation
- Isolation or exclusion of the victim from groups.
If a person is able to keep a journal, they would want to record the date of each episode with details of the abuser’s conduct, how it made the victim feel, and whether there were witnesses.
If a person does not experience the abuse firsthand, they want to talk to the abuse victim and try to document what happens as well as they can. An attorney consultation might help a person gather evidence to prove emotional abuse in court.
Can Someone Go to Jail for Emotional Abuse?
In Colorado, domestic violence is defined as any act or threatened act of violence against a person with whom the perpetrator has had an intimate relationship. It can even include crimes against property or animals if the crimes are committed with the goal of coercing, intimidating, or punishing an intimate partner. A perpetrator may certainly have to serve time in jail or state prison under some circumstances if convicted of domestic violence in Colorado.
Per Colorado law, an intimate relationship is one that exists between spouses, former spouses, and couples who may never have been married couples. Coercion and intimidation are the key elements of domestic violence in Colorado. A physical act is not a required element of the crime. Rather, any conduct, the goal of which is to control, punish, or frighten an intimate partner, comes within the definition of domestic violence in Colorado.
Colorado has a mandatory arrest law, meaning that if the police have probable cause to believe a person has committed a domestic violence crime, they must arrest the suspected perpetrator. Thus, the victim is protected immediately. Also, once the police are called, the situation is out of the victim’s hands.
Furthermore, when a person is arrested for domestic violence, a protective order is automatically issued against them. They may not contact the victim without violating the order, which is a separate criminal offense that can lead to additional criminal charges.
What Are Some Legal Remedies for Emotional Abuse?
In Colorado, a number of remedies and legal protections are available for victims of domestic violence as follows:
- Protective Orders: As noted above, if a person is arrested for domestic violence, a protective order is issued automatically. It prohibits them from having contact with the victim. Victims of domestic violence can also apply for protection from abuse orders.
- Civil lawsuit: The victim may file a civil lawsuit to recover losses and expenses such as medical bills or pain and suffering damages.
- Custody/child or spousal support orders: These may be modified to prevent any further incidence of violence between spouses, children, or other persons
A person might sue for compensatory damages from a person who negligently or intentionally caused them emotional distress. Compensatory damages would cover a person’s economic and non-economic losses, e.g., pain and suffering.
In Colorado, a person does not have to suffer actual physical injury or even be at risk of suffering a physical injury in order to be able to claim damages for emotional distress. But the conduct that caused the abuse must be extreme and the distress severe.
There are several facts that courts consider when calculating damages for emotional distress. Some of them are as follows:
- Severity: Severity may be exhibited by the symptoms of anxiety, depression, or PTSD.
- Duration: Emotional distress that lasts for a longer time may be worth more in damages than that which lasts a shorter time.
- Physical Symptoms: A claim is stronger if it is associated with physical symptoms such as insomnia, weight loss, fatigue, or other health issues. Medical documentation of symptoms helps prove emotional distress.
- Daily Life: Evidence that distress has a negative effect on a person’s quality of life may lead to higher compensation.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you think you are the victim of emotional abuse or know someone else who is, you want to contact a Colorado personal injury lawyer. LegalMatch.com can connect you to a lawyer who can guide you in analyzing your situation and deciding whether a civil lawsuit is the right choice or whether other laws offer you the solutions you need.
