Georgia’s Family Violence Act is a criminal law designed to protect people from criminal abuse perpetrated by current or former spouses, parents and children, stepparents and stepchildren, foster parents and foster children, or other people who live together in a household.
Georgia defines the crime of family violence as a felony or misdemeanor for battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass when the crime involves perpetrators and their victims who have the relationships identified or those who live together or lived together in the past.
The definition of criminal family violence does not include abuse that is strictly emotional in nature. This is true even though, in other contexts, Georgia’s emotional abuse laws recognize that abuse can be emotional. A local attorney in Georgia would be able to explain the complexities of family violence law in that state.
Engaging in such acts as verbal harassment, insulting, intimidating, or threatening a person might cause mental or emotional anguish, but it might not rise to the level of criminal activity. However, it might constitute a crime if it meets the definition of assault or unlawful restraint.
It is important to remember, however, that to constitute family violence, the perpetrator and victim must be in one of the relationships specified in the law.
This last category of people who live together, or lived together before, includes relationships other than those who are or were married or are parent and child. It would include people in the relationship of roommates, siblings, extended family members, and dating partners who are not married. It is important to note that dating partners who have never lived together or are not parents of a child are not covered.
Georgia’s definition of criminal family violence also does not include a parent’s “reasonable discipline” of a child that takes the form of corporal punishment, restraint, or detention. A Georgia criminal law attorney would be able to help a person understand what conduct is criminal.
The law in Georgia does not allow a person to seek compensation for the infliction of emotional distress in a civil lawsuit if they did not also suffer a physical injury in the accident or incident of which the emotional distress is the result.
This is known as the “Impact Rule” in Georgia. Under Georgia personal injury laws, a victim cannot recover damages for emotional distress unless the following circumstances are present:
- The victim experienced a physical impact in the incident.
- The physical impact caused a physical injury to the victim.
- The physical injury also caused the victim to suffer mental or emotional distress.
This “Impact Rule” would probably prevent a person from successfully filing a civil lawsuit against another who inflicts emotional abuse on them.
Does Emotional Abuse Need to Be Reported?
Nonetheless, emotional abuse is a type of domestic abuse in Georgia law in other contexts. So, there are people in a number of roles who must report to authorities when they have reasonable cause to believe that an adult who is at risk has been injured, neglected, or exploited by a caretaker.
Abuse of at-risk adults includes emotional abuse. It occurs when one person intentionally causes harm or puts another person at risk for harm using tactics such as harassment, insults, intimidation, isolation, or threats that cause mental or emotional anguish. Emotional abuse is conduct of a type that may denigrate a person and diminish their sense of their identity, their dignity, and their self-worth.
Mandated reporters who do not fulfill their obligation to report the abuse of elderly or disabled adults may be charged with a misdemeanor criminal offense.
Georgia law lists mandated reporters for victims who are disabled adults or elderly people who live in the community and also for alleged victims who are long-term care facility residents.
People who are not mandated reporters are still encouraged to report emotional abuse if they believe that a disabled adult or elderly person needs the help of protective services or has been the victim of abuse, neglect, or exploitation.
Georgia law requires the following people to report abuse, neglect, and exploitation:
- Osteopaths
- Dentists
- Chiropractors
- Podiatrists
- Psychiatrists
- Licensed professional counselors
- Social workers
- Employees of public or private agencies that provide professional health care to elderly people or disabled adults
- Employees who provide adult daycare
- Pharmacists
- Physical therapists
- Occupational therapists
- Nursing personnel
- Coroners and medical examiners
- Any employee of a financial institution
- Law enforcement personnel
- Administrators and other employees of facilities that provide personal care or nursing care.
People who are mandated reporters should report suspected mental abuse charges to both Georgia Adult Protective Services and Georgia law enforcement. If a person is unsure how to proceed, they may want to seek out an attorney consultation.
How to Prove Emotional Abuse in Court?
A victim should keep a journal of each incident of emotional abuse, if they can. 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 who may be able to document the symptoms of emotional abuse.
Emotional abuse is nonphysical, 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.
Can Someone Go to Jail for Emotional Abuse?
As noted above, a variety of crimes may be considered family violence in Georgia. In addition to assault & battery, domestic violence crimes may also include
- Sexual abuse or assault
- Stalking
- Harassment
- Unlawful restraint
- Criminal trespass
- Criminal property damage.
However, to be considered family violence, these crimes must be committed against a victim with whom the perpetrator has a domestic relationship.
What Are Some Legal Remedies for Emotional Abuse?
If a person is a victim of a family violence crime in Georgia, a court may issue a Family Law Protective Order. This order prohibits the perpetrator of the crime from having contact with the victim for a specified period of time.
If a person who has been ordered to stay away from their victim violates a Family Law Protective Order, they may be jailed and charged with a separate crime, including aggravated stalking.
A Family Violence Protection Order may direct the following:
- Order a perpetrator to stay away from their victim.
- Force the perpetrator to leave the victim’s residence.
- Direct the local sheriff to forcibly eject the perpetrator from the victim’s residence.
- Order assistance to help a victim get their personal property away from a perpetrator.
- Make the abuser provide alternate housing for a spouse, former spouse, parent, or child.
- Give the victim temporary custody of shared children.
- Award temporary child support and/or spousal support to the victim to be paid by the perpetrator.
- Order the perpetrator to get counseling.
A perpetrator might be arrested if they violate the order.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
You may be a mandated reporter. Or you may have a family member who has been the victim of emotional abuse. Whatever the nature of your involvement in a situation where emotional abuse is an issue, you want to talk to a Georgia family lawyer. The law regarding family violence and emotional abuse in Georgia is complicated. LegalMatch.com can put you in touch with a lawyer who can explain the law and how it should work in your situation.
