Yes, individuals in Minnesota can sue for emotional abuse. Previously, emotional and psychological abuse were not always recognized under the laws.
However, these issues are currently acknowledged as issues that can arise in a family law case. Emotional abuse may also be called psychological or mental abuse.
It often occurs when there is a power imbalance between the parties involved. Emotional abuse can also fall under a state’s criminal laws, such as:
- Child abuse
- Elder abuse
- Domestic violence
- Other forms of abuse
An individual can potentially sue for emotional distress in certain specific situations, such as:
- They suffered a direct impact from an incident
- This is called the modified impact rule
- They witnessed the severe injury or death of one of their relatives
- This is called the bystander rule
- If a child suffers sexual abuse
- The parent or guardian of the child may be able to sue if they determine that the child’s caretaker sexually abused them and the parent or guardian’s emotional health was severely impacted
Emotional distress may be defined as a highly unpleasant emotional reaction that results from the conduct of another person. When emotional abuse happens, it is very important that an individual consults with a Minnesota criminal law attorney for help with reporting the abuse or for protection.
It is common for emotional abuse to arise in other abusive and criminal situations, including:
It is also important for an individual to be aware that there may be different types or subcategories of emotional abuse in family law cases. For example, this type of abuse is often a subcategory of domestic violence.
When an individual is suffering from emotional abuse, they can experience:
- Depression
- Anxiety
- Other psychological symptoms that can result in physical manifestations
Emotional abuse commonly happens in association with other forms of abuse, including physical violence, threats of violence, or sexual assault. It may be more difficult to prove emotional abuse is occurring than physical abuse, even though it can be just as harmful to the victim.
No single standard is used to prove emotional abuse is occurring. There are, however, certain examples of conduct that can be used to demonstrate its occurrence, including:
- Forcing them to observe disturbing or negative images or behaviors
- Verbal aggression
- Dominating or repressive behavior
- Putting ideas of jealousy or slander in the victim’s head
In some locations, an emotional abuse victim cannot recover damages unless they experience physical symptoms as well, such as a nerve-related illness. If someone has questions or concerns about emotional abuse or if they need assistance reporting its occurrence, they can schedule an attorney consultation with a local attorney in Minnesota.
Does Emotional Abuse Need To Be Reported?
Yes, occurrences of emotional abuse should be reported. In many cases, it will be reported in addition to other forms of abuse that are occurring.
Some professionals must follow reporting requirements whenever they reasonably suspect that child abuse has occurred, including:
- Social workers
- Doctors, nurses, and other healthcare workers
- County child support enforcers
- Medical examiners and coroners
- Dentists
- Mental health practitioners, for example, a counselor or a therapist
- Child care providers
- Law enforcement personnel
- Teachers, principals, and other school personnel
Examples of other types of professionals who are also required to report when they suspect child abuse in some locations include:
- Film and photograph processors
- Clergy leaders
- Camp and youth center workers and volunteers
- Substance abuse counselors
- Attorneys
- Foster parents
- Probation and parole officers
How To Prove Emotional Abuse in Court?
Cases of emotional abuse may be handled in a criminal court or a civil court. This means that a defendant or perpetrator can face consequences through criminal charges and an emotional abuse lawsuit.
Emotional abuse laws may allow a victim of emotional abuse to file a claim based on intentional infliction of emotional distress. In order for a victim to demonstrate that they have suffered an intentional infliction of emotional distress, they will need to demonstrate to the court that:
- The defendant’s conduct was both extreme and outrageous
- The defendant behaved in an intentional or reckless manner
- The defendant’s conduct was the actual cause of the victim’s injuries
- The victim suffered measurable severe emotional distress
There are many different types of evidence a victim can use to show the elements outlined above, including missed work and medical records. When an individual is a victim of emotional abuse, it is important that they keep detailed records of any medical treatment they receive, such as medications they are prescribed for depression or anxiety.
Can Someone Go to Jail for Emotional Abuse?
As previously discussed, emotional abuse may be punished under criminal laws in certain states. Because this category of abuse is often present along with other forms that result in physical injury, the abuser may actually go to jail for a different category of abuse, such as harassment or physical violence.
If an individual finds themselves facing mental abuse charges, it is important that they consult with a criminal lawyer in Minnesota as soon as possible.
What Are Some Legal Remedies for Emotional Abuse?
As previously noted, an individual can pursue legal remedies for emotional abuse under both criminal laws and civil laws. A victim of emotional abuse can press criminal charges against an abuser and may be able to obtain a restraining order.
Restraining orders usually prohibit the named party from contacting the victim in any of the following ways:
- Email
- Phone
- Text
Other forms of communication
In addition, a victim may be able to file a civil lawsuit and request compensatory damages to provide them compensation for their injuries or issues that resulted from the emotional abuse, including:
- Medical costs
- Therapy sessions
- Time missed from work
A victim should be aware that there are time limits, called statutes of limitations, both for criminal charges and filing civil lawsuits against their abuser. The statute of limitations will vary depending on the type of claim being filed and the charges the defendant will face.
The statute of limitations for filing a civil lawsuit based on intentional infliction of emotional distress in Minnesota is two years from the date of the incident. Due to these time limits, it is very important for victims to consult with an attorney as soon as they can so that they do not miss the opportunity to get compensation or justice.
Should I Hire a Lawyer for Help With Emotional Abuse Claims?
If you, a loved one, or your child are suffering from emotional abuse, it is important for you to consult with a Minnesota personal injury lawyer. If you are a professional in the state who has to report suspected child abuse, it is also important to reach out to a lawyer to determine your obligations and ensure you properly report the issue.
It can be very challenging to navigate an emotional abuse claim without having the help of an attorney. You can easily find a lawyer who can assist you using LegalMatch’s free lawyer matching service.
Once you take about 15 minutes to submit your issue on the website, you will receive responses from lawyers who are licensed and pre-screened in around 24 hours. These responses will also include the attorney’s background, fee arrangements, and reviews from former clients.
If you are facing criminal charges or a civil lawsuit, it is essential that you have an attorney defending you. Your lawyer will make sure that your rights are protected during the process as well as present any defenses that may be available in your case.
