Yes, the laws in Illinois allow individuals to sue for emotional distress in cases of intentional or negligent infliction of emotional distress. Emotional and psychological abuse were issues that were not always recognized under the law.
Emotional abuse, now, however, is commonly considered to be a major issue in many family law cases. This means that it is closely reviewed, especially in cases of child abuse and elderly abuse.
Many states have classified emotional abuse as a criminal offense under various state laws, such as:
- Elder abuse
- Child abuse
- Domestic violence
- Other forms of abuse
When these types of offenses occur, individuals should seek assistance from an Illinois criminal law attorney as soon as they can for assistance with reporting emotional abuse or for protection for themselves or for a loved one.
There are certain common examples in which emotional abuse can occur, such as:
Emotional abuse can be a harmful type of abuse that occurs in family law cases. It is important to be aware that there are numerous different types of emotional abuse.
Emotional abuse may also be referred to as mental abuse or psychological abuse. This involves exposing another individual to language or behavior using verbal harassment that can result in psychological trauma.
Generally, emotional abuse arises in a situation where there is a power imbalance. These situations can lead victims to experience:
- Anxiety
- Depression
- Other psychological symptoms that result in physical manifestations
Emotional or psychological abuse is also a common factor in situations of power imbalance. It is commonly present with other types of abuse, such as threats of violence, physical violence, or sexual assault.
There are numerous different ways in which emotional abuse can occur, such as:
Emotional abuse is usually classified as a subcategory of domestic violence. This means that it is against the law in numerous states under domestic violence laws.
Emotional abuse is often more difficult to identify than physical abuse, even though it can be just as harmful. There is no standard definition for emotional abuse. However, it often includes one or more of the following:
- Repressive or dominating behavior against someone else
- Forcing the victim to view negative or disturbing images or behaviors
- Verbal aggression
- This often involves false statements or lies that are directed toward another party
- Planting ideas of jealousy or slander of another individual
If an individual has concerns or questions regarding emotional abuse or needs help reporting emotional abuse, they should schedule an attorney consultation with a local attorney in Illinois.
Does Emotional Abuse Need to Be Reported?
Yes, emotional abuse should be reported whenever it is possible. Emotional abuse is commonly reported along with other forms of abuse.
Some professionals must also follow reporting requirements whenever they reasonably suspect child abuse, which may include:
- Teachers, principals, and other school personnel
- Doctors, nurses, and other healthcare workers
- County child support enforcers
- Law enforcement personnel
- Social workers
- Dentists
- Mental health practitioners, such as therapists and counselors
- Child care providers
- Medical examiners and coroners
In some jurisdictions, the following parties are also required to report suspected child abuse:
- Clergy leaders
- Attorneys
- Film and photograph processors
- Substance abuse counselors
- Foster parents
- Probation and parole officers
- Camp and youth center workers and volunteers
How to Prove Emotional Abuse in Court?
Issues involving emotional abuse may be addressed in criminal court and civil court. An abuser may face criminal charges under domestic violence laws.
In addition, a victim of emotional abuse can file a lawsuit based on the emotional abuse laws in their jurisdiction. In most situations, a civil lawsuit that is filed based will be a claim of intentional infliction of emotional distress, including emotional abuse.
In some jurisdictions, a plaintiff will not be able to recover damages unless they also have physical symptoms, such as a nerve-related illness. In order to demonstrate that a plaintiff suffered from intentional infliction of emotional distress, they must show:
- The defendant’s conduct was extreme and outrageous
- The defendant acted recklessly or intentionally or recklessly toward the victim
- The defendant’s conduct was the actual cause of their injury
- The individual suffered measurable severe emotional distress
There are multiple types of evidence that may be used to prove each element listed above, such as medical issues or missed work. Because of this, it is important for a victim of emotional abuse to keep detailed records of their treatments, which include medications prescribed to help them cope with their anxiety or depression.
It is also important to keep track of any other type of evidence that will tie the emotional or physical injuries back to the victim’s abuser.
Can Someone Go to Jail for Emotional Abuse?
In many states, as noted above, emotional abuse is categorized as a domestic violence offense that is punishable under criminal law. However, it is important to know that it is typically difficult to prove.
This category of abuse commonly occurs along with other forms of abuse resulting in physical injuries, including physical abuse. If a defendant is facing any mental abuse charges, it is important to consult with a criminal attorney in Illinois.
What Are Some Legal Remedies for Emotional Abuse?
Victims of emotional abuse may be able to get legal remedies under civil law, criminal law, or both. In a civil case, emotional abuse can result in an award of monetary damages for a plaintiff.
These damages are intended to cover the losses the plaintiff suffered because of the emotional abuse, such as:
- Time missed from work
- Medical costs
- Therapy sessions
Under criminal law, the victim can press charges or obtain a restraining order against their abuser. A court can provide a restraining order that requires a defendant to stay a certain specified distance away from the named individual.
Restraining orders also typically prohibit an individual from contacting the party listed by:
- Text
- Phone
- Email
- Other types of communication
Restraining orders are often used in cases where emotional abuse has occurred in addition to physical violence. Victims should note that there are limitations, called statutes of limitations, for bringing civil claims and criminal charges.
Civil claims for emotional abuse can be brought along with a claim for intentional infliction of emotional distress or can be included with other claims. Jurisdictions may have their own specific statutes of limitations for different types of cases.
Generally, intentional infliction of emotional distress claims have a statute of limitations of one year. In other jurisdictions, the statute of limitations may be two years from the date of the harm.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you are having any emotional abuse issues, it is essential to consult with an Illinois personal injury lawyer as soon as you can. Emotional abuse is a serious form of abuse that may be difficult to prove without the help of a legal professional.
Your lawyer will help you present the necessary evidence to have a successful claim. Additionally, your lawyer will be there for representation and support when you appear in court.
Your attorney can explain your rights under the different laws, provide you with tips for protecting yourself, and create the best argument possible to present on your behalf to the court.
