Yes, it is possible to sue for emotional abuse in Indiana. In previous years, psychological and emotional abuse were not always recognized by the law. These issues are now recognized as major issues that can arise in family law cases.
Emotional abuse can also be classified as crimes under the criminal laws of a state, including:
- Domestic violence
- Child abuse
- Elder abuse
- Other forms of abuse
In the State of Indiana, an individual may be able to sue for emotional distress under certain specific circumstances, such as:
- Witnessing the death of severe injury of a relative
- This is referred to as the bystander rule
- Suffering a direct impact from an incident
- This is referred to as the modified impact rule
- Sexual abuse of a child
- The child’s parent or guardian can sue if they find out the child’s caretaker sexually abused them and it severely impacted the parent or guardian’s emotional health
Emotional distress is defined in Indiana as highly unpleasant emotional reactions that result from the conduct of another individual. When emotional abuse occurs, it is important for an individual to reach out to an Indiana criminal law attorney for help reporting the abuse or for protection for themselves or their loved one.
There are several different situations when emotional abuse commonly arises, such as:
There can be different categories of emotional abuse in family law cases. It is often a subcategory of domestic violence.
Emotional abuse may be referred to as mental abuse or psychological abuse. Emotional abuse typically arises in situations where there is a power imbalance between the individuals.
Individuals who are suffering from emotional abuse may experience:
- Anxiety
- Depression
- Other types of psychological symptoms that result in physical manifestations
This type of abuse often occurs along with other types of abuse, such as threats of violence, physical violence, or sexual assault. It is usually harder to prove emotional abuse than physical abuse, even though it can be just as harmful.
There is not a single standard that is used to prove emotional abuse. However, many cases of emotional abuse can involve:
- Making the victim observe disturbing or negative images or behaviors
- Dominating or repressive behavior
- Putting ideas of jealousy or slander in the victim’s head
- Verbal aggression
- This commonly involves telling lies or making false statements
In certain jurisdictions, the victim will not be able to recover damages unless they are also experiencing physical symptoms, for example, a nerve-related illness. If an individual has any concerns or questions about emotional abuse or if they need help reporting emotional abuse, they should schedule an attorney consultation with a local attorney in Indiana.
Does Emotional Abuse Need to Be Reported?
Yes, emotional abuse needs to be reported whenever it can be. Emotional abuse will often be reported along with other forms of abuse.
There are some professions that are subject to reporting requirements at any time they reasonably suspect that child abuse has occurred, which includes:
- Dentists
- Mental health practitioners, for example, a counselor or a therapist
- Child care providers
- Law enforcement personnel
- Teachers, principals, and other school personnel
- Social workers
- Doctors, nurses, and other healthcare workers
- County child support enforcers
- Medical examiners and coroners
There are also other professionals who are required to report suspected child abuse in certain jurisdictions, including:
- Attorneys
- Foster parents
- Probation and parole officers
- Film and photograph processors
- Clergy leaders
- Camp and youth center workers and volunteers
Substance abuse counselors
How to Prove Emotional Abuse in Court?
Emotional abuse may be addressed in civil courts and in criminal courts, meaning that the perpetrator can face an emotional abuse lawsuit as well as criminal charges. Emotional abuse laws may allow the individual to file a claim of emotional abuse based on intentional infliction of emotional distress.
To show that an individual has suffered intentional infliction of emotional distress, they have to show the court:
- The conduct of the defendant was extreme and outrageous
- The defendant acted intentionally or recklessly
- The defendant’s conduct was the actual cause of the individual’s injury
- The individual suffered measurable severe emotional distress
There are multiple examples of evidence types that may be used to prove the elements listed above, such as medical records or missed work. It is crucial for victims of emotional abuse to keep detailed records of treatments they have, such as medications they take to cope with anxiety or depression.
Can Someone Go to Jail for Emotional Abuse?
As noted above, emotional abuse can be punishable under criminal laws in some states. As this type of abuse commonly occurs in addition to other types of abuse that result in physical injuries, the abuser may go to jail for another type of abuse, which may include harassment, threats of violence, or violence.
If a defendant is facing mental abuse charges, they should consult with a criminal lawyer in Indiana.
What Are Some Legal Remedies for Emotional Abuse?
There may be legal remedies for emotional abuse available under both civil laws and criminal laws. Victims of emotional abuse can file a lawsuit in civil court and receive compensatory damages or money to compensate them for their injuries or issues that resulted from the abuse, such as:
- Time missed from work
- Medical costs
- Therapy sessions
Victims of emotional abuse may also press criminal charges against their abuser and obtain a restraining order. Restraining orders typically prohibit defendants from contacting victims by:
- Text
- Email
- Phone
- Other types of communication
It is important for victims of emotional abuse to be aware that there are statutes of limitations on both civil claims and bringing criminal charges against an abuser. The statute of limitations for criminal cases in the State of Indiana may vary depending on the classification of the charge, such as a felony or a misdemeanor.
The civil statute of limitations for bringing an intentional infliction of emotional distress claim in Indiana is two years from the date of the incident. Because of these limitations, it is important to reach out to a lawyer as soon as possible so the deadline for obtaining a legal remedy does not pass.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you are suffering from emotional abuse or if you believe a loved one or child may be, you should reach out to an Indiana personal injury lawyer, especially if you are a professional who is required to report suspected child abuse. Your lawyer will present the necessary evidence on your behalf and be there with you any time you appear in court.
Emotional abuse can be very serious and difficult to prove without legal assistance. You can find a lawyer who can help you on LegalMatch.com at no cost and in just a few minutes of your time.
You will get responses from member attorneys who are prescreened and licensed in your area who are ready to work on your case. These messages also include the lawyer’s fees, background, as well as client reviews.
If you are a defendant, or an individual who has been charged with emotional abuse or other abuse-related crimes or have been sued in civil court for emotional abuse, it is important to have a lawyer defending you. Your attorney will ensure that your rights are protected throughout the process and present any possible defenses that may be available to you in court.
