In short, yes. Under Louisiana law, individuals are allowed to seek compensation for emotional distress caused by another person’s intentional or negligent actions. These civil lawsuits are often referred to as intentional infliction of emotional distress or negligent infliction of emotional distress cases.
In general, emotional abuse occurs in situations where there is a power imbalance between two parties, and one party abuses another based on that imbalance. Emotional abuse can occur in various different contexts, including:
- Domestic Relationships: Emotional abuse in domestic settings often includes behaviors such as gaslighting, manipulation, verbal insults, and threats, which all have been found to have long-lasting impacts on the victim’s mental health and well-being
- Child Abuse: Emotional abuse involving children, such as verbal abuse, which has been found to affect their psychological development
- Care Facilities: In elder or other care facilities, emotional abuse, such as teasing, humiliating, degrading, or ignoring a resident, can result in emotional harm or injury to the residents who suffer the abuse.
As can be seen from the above situations, emotional abuse often leads to psychiatric injuries, including anxiety, depression, or other psychological symptoms. These psychological symptoms can then even result in physical manifestations or long-lasting psychological damage.
In severe situations, emotional abuse may also be accompanied by acts of physical violence, threats of violence, or sexual assaults. It is important to note that emotional abuse cycles can also exist over long periods of time, which often result in greater psychological injuries to the victim over time.
Depending on the circumstances of the emotional abuse that has occurred, the victim of the abuse may be able to sue their abuser for damages related to injuries they have suffered.
In Louisiana specifically, emotional abuse is also recognized as a form of domestic violence. The state legal system acknowledges that emotional abuse can inflict significant psychological harm, which impacts an individual’s mental health and well-being.
This recognition by the state allows for emotional abuse to be considered in legal proceedings, such as divorce cases, where the emotional dynamics of a relationship are scrutinized. This recognition also allows victims of emotional abuse to seek other legal protections and remedies.
For instance, the victim may obtain a court order prohibiting the abuser from contacting the victim or removing the abuser from a shared residence. Regardless of the type of emotional abuse, if you or someone you know are in a situation where there are indications of emotional abuse or if you know of a person suffering from emotional abuse, you should always report such abuse.
Does Emotional Abuse Need To Be Reported?
Once again, you should always report any suspicions or known acts of emotional abuse. This is because emotional abuse is also often related to child abuse, elder abuse, or domestic violence, which are all illegal in numerous states under various state emotional abuse laws.
In Louisiana, emotional abuse does need to be reported. This is especially true if it involves a child. The Louisiana Department of Children and Family Services (“DCFS”) is the state agency that handles reports of child abuse and neglect, which includes emotional abuse.
You can report suspected abuse by calling the DCFS Child Abuse/Neglect Hotline at 1-855-4LA-KIDS (855-452-5437). All calls made to the agency are confidential, and trained social workers will determine if the reported information constitutes abuse or neglect.
Even if not legally required, reporting emotional abuse can be crucial for the safety and well-being of the victim. Reporting acts of emotional abuse also assists the victim in seeking legal protections or pursuing a claim for emotional distress.
How To Prove Emotional Abuse in Court?
In Louisiana, an individual who has suffered emotional abuse can pursue a civil claim under two main legal theories:
- Intentional Infliction of Emotional Distress (IIED): This claim involves proving that the defendant’s conduct was intentional or reckless, extreme and outrageous, and directly caused severe emotional distress to the plaintiff
- Negligent Infliction of Emotional Distress (NIED): This claim involves proving that the defendant’s negligent actions caused the plaintiff to suffer severe emotional distress
- Unlike IIED civil claims, NIED does not require proving that the defendant’s conduct was intentional or reckless, only that their conduct or actions were negligent and resulted in emotional harm
In either claim for emotional abuse, providing evidence such as medical evidence, witness testimony, forensic evaluations, or records of time missed from work are often the most important factors in being successful in the civil lawsuit.
As such, if you are seeking to file a lawsuit that involves emotional abuse, you should always document everything and keep good records regarding any treatment that you have had to undergo.
Additionally, if your emotional abuse also resulted in any physical manifestation, such as a nerve-related illness, you should be prepared to provide documentation demonstrating that physical manifestation.
Can Someone Go to Jail for Emotional Abuse?
Yes, someone can go to jail for emotional abuse in Louisiana. This is especially true if the emotional abuse committed falls under the category of domestic abuse or stalking. Specifically, under Louisiana law, domestic abuse battery and stalking are criminal offenses that can result in jail time.
For example, a first conviction for domestic abuse battery carries criminal penalties of imprisonment for 30 days up to 6 months. Likewise, if found guilty of stalking, that conviction can result in criminal penalties of 30 days up to 1 year in prison.
Further, if a victim in an emotional abuse case obtains a protective order against an abuser, and the abuser violates that order, they can also face criminal contempt charges. Violating a protective order in Louisiana issued in relation to an emotional abuse case can result in the following criminal penalties:
- First-time Violation: First-time violations are typically charged as a misdemeanor, and the offender may face up to six months in jail, a fine of up to $1,000, or both
- Subsequent Violations: If the offender violates the protective order more than once, it is considered a felony, which can result in more severe penalties, including longer jail time
If you have been charged with criminal emotional abuse or have questions related to mental abuse charges, a Louisiana criminal law attorney will be able to answer any questions you may have.
What Are Some Legal Remedies for Emotional Abuse?
There are several legal remedies that are available in Louisiana for victims of emotional abuse. In the criminal context, legal remedies for emotional abuse may include the issuing of a protective order or a restraining order.
These legal instruments are designed to protect the victim by legally prohibiting the abuser from contacting or coming near the victim. Violation of these orders can result in criminal charges and additional penalties.
Other possible legal remedies can include mandatory counseling or treatment programs for the abuser, fines, and imprisonment, depending on the severity of the abuse and the abuser’s criminal history.
In the civil context, emotional abuse often results in a civil damages award for the victim of the abuse. The purpose of the damage award is to compensate the victim of emotional abuse for losses they have suffered in relation to the emotional abuse.
In other words, the victim will often be granted damages for expenses, such as therapy sessions, medical costs, medication costs, or time missed from work. A damage award for emotional abuse in Louisiana may include any of the following damages:
- Economic Damages: Economic damages cover out-of-pocket expenses such as medical bills, therapy costs, and lost wages
- Non-Economic Damages: Non-economic damages include compensation for pain and suffering, emotional distress, anxiety, depression, and loss of enjoyment of life
- Punitive Damages: Punitive damages are damages that are awarded in cases where the defendant’s conduct was particularly egregious or malicious and are issued to punish the defendant and deter similar behavior in the future
Finally, in family law cases, emotional abuse may be a determining factor in matters that involve divorce, property division, child custody, child support, and determining visitation. A local attorney in Louisiana will be familiar with all of the remedies available under the state’s emotional abuse laws.
Should I Hire a Lawyer for Help With Emotional Abuse Claims?
If you are experiencing abuse caused by the intentional or reckless actions of another party or know of someone experiencing emotional abuse, it is recommended that you immediately consult a Louisiana personal injury lawyer.
LegalMatch can assist you in locating and setting up an attorney consultation with an experienced family attorney near you. An experienced lawyer will be able to inform you of your legal rights and best course of legal action under Louisiana’s specific emotional abuse laws.
An attorney will also be able to inform you of all of the laws that may affect any claim you may have for damages related to your emotional abuse. Additionally, they will be able to assist you in drafting and filing a civil lawsuit against your abuser. Finally, a family law lawyer can also represent you in court, as needed.
