The law in Missouri recognizes two civil actions that may form the basis of a civil lawsuit for emotional abuse. One is negligent infliction of emotional distress, and the other is intentional infliction of emotional distress. Success with either claim requires the victim to prove that they endured significant mental suffering or distress either because of the intentional conduct of another person or because of another person’s negligence.
The conduct that caused the emotional distress must be something that can be characterized as extreme and outrageous. The distress that this conduct causes must be severe. A local attorney in Missouri would be able to provide more information.
In Missouri, victims of domestic violence are protected by other civil emotional abuse laws and criminal laws as well. Criminal domestic violence may be physical or sexual, but it can also be emotional or even financial. Certain types of criminal domestic violence may be verbal and can be perpetrated through all methods of communication, including written notes and letters, telephone calls, faxes, email, or voicemail.
Does Emotional Abuse Need to Be Reported?
Missouri law requires that a person report child abuse if they suspect that a child is the victim of abuse. In Missouri, every adult is mandated to report suspected child abuse. This means that every adult has a legal obligation to report any child abuse that they may suspect.
In Missouri, abuse of a child may be emotional abuse. It includes conduct toward a child that inflicts serious emotional or psychological damage or mental anguish. This may include active abusive conduct such as the following:
- Repeatedly demeaning a child verbally
- Frequently shouting or yelling at a child
- Telling harsh jokes at the expense of a child
- Isolating a child.
Emotional abuse might also be passive in character, such as the following:
- Failing to provide a child with the emotional support and nurturing they need
- Withholding expressions of kindness or affection
- Subjecting a child to long periods of silence.
A person is directed to report suspected abuse or neglect to the Missouri Child Abuse and Neglect Hotline or to a law enforcement officer. A person who has questions about their obligation to report would benefit from an attorney consultation.
Emotional abuse of the disabled and the elderly is also specifically addressed by Missouri laws. A person abuses an elderly person when they knowingly and intentionally cause harm or the serious risk of harm to a vulnerable adult.
An adult may be vulnerable because they are elderly or disabled. Family members can inflict elder abuse and may be a form of domestic violence in some cases. However, it is often perpetrated by other bad actors outside of a family, e.g., in a care home.
The law in Missouri protects adults with disabilities of any age from abuse, and the abuse may be emotional. Mandated reporters of abuse inflicted on vulnerable adults are directed to report the abuse to a law enforcement officer or to the Missouri Adult Protective Services. The reports should be made as soon as a person suspects the abuse by phone or online.
Mandated reporters are all medical personnel and financial personnel. If any person in one of these roles has reasonable cause to believe that a vulnerable adult is the victim of abuse, neglect, or exploitation, they are required by Missouri law to report it.
Again, abuse may be intentionally inflicting mental anguish on a victim or willfully depriving a disabled adult of the services they need to maintain their mental as well as their physical health.
It should be noted that these actions must be directed against a victim with whom the perpetrator has an intimate relationship to qualify as criminal domestic violence. The relationships in which domestic violence may take place are noted above.
A person who thinks that they have been the victim of criminal domestic violence should report it to a law enforcement agency in the Missouri community in which they live. In Missouri law, domestic violence is defined as any criminal act of abuse that one family or household member perpetrates against another. Several Missouri criminal offenses may be considered domestic violence if there is a qualifying victim. These crimes may not be violent in nature.
A Missouri criminal law attorney would also be able to offer a person some guidance.
How to Prove Emotional Abuse in Court?
A victim should keep a journal of each incident of emotional abuse if they are able. 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 or physician who may be able to document the symptoms of emotional abuse.
Emotional abuse is not physical by definition, 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. An attorney consultation might help a person gather evidence to prove emotional abuse in court.
Can Someone Go to Jail for Emotional Abuse?
Arizona law currently specifies 30 criminal offenses that constitute domestic violence if perpetrated by a person on an intimate partner, a family member, or within a romantic or sexual relationship. They include the following:
- Harassment and aggravated harassment,
- Aggravated domestic violence,
- Child or vulnerable adult abuse,
- Threats of harm and intimidation,
- Unlawful distribution of images,
- Neglect,
- Telephone harassment.
There are others as well, but these crimes may not involve violent or abusive acts. Rather, mental abuse charges may be committed through verbal conduct or failures to act, e.g., neglect.
What Are Some Legal Remedies for Emotional Abuse?
In Missouri, a number of remedies and legal protections are available for victims of domestic violence as follows:
- Protective Orders: Victims of domestic violence can apply for protection from abuse orders.
- Civil lawsuit: The victim may file a civil lawsuit to recover losses and expenses such as medical bills or pain and suffering damages.
- Custody/child or spousal support orders: These may be modified to prevent any further incidence of violence between spouses, children, or other persons
A person might sue for compensatory damages from a person who negligently or intentionally caused them emotional distress. Compensatory damages would cover a person’s economic and non-economic losses, e.g., pain and suffering.
In Missouri, a person does not have to suffer actual physical injury or even be at risk of suffering a physical injury in order to be able to claim damages for emotional distress. But the conduct that caused the abuse must be extreme and the distress severe.
There are several facts that courts consider when calculating damages for emotional distress. Some of them are as follows:
- Severity: Severity may be exhibited by the symptoms of anxiety, depression, or PTSD.
- Duration: Emotional distress that lasts for a longer time may be worth more in damages than that which lasts a shorter time.
- Physical Symptoms: A claim is stronger if it is associated with physical symptoms such as insomnia, weight loss, fatigue, or other health issues. Medical documentation of symptoms helps prove emotional distress.
- Daily Life: Evidence that distress has a negative effect on a person’s quality of life may lead to higher compensation.
Several different ways of calculating damages for emotional distress are used in Missouri. They are as follows:
- Per Diem Method: The court applies a monetary value to each day of suffering that the victims experience. This value is multiplied by the number of days of suffering for the total amount of damages.
- Multiplier Method: With this approach, economic damages are first calculated, and then a multiplier of between 1.5 and 5, depending on the severity, is applied to the economic damages.
- Court Discretion: The calculation of emotional distress damages is typically decided by the court on a case-to-case basis. A jury can also determine whether it is a jury trial.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you think you are the victim of emotional abuse or know someone else who is, you want to contact a Missouri personal injury lawyer. LegalMatch.com can connect you to a lawyer who can guide you in analyzing your situation and deciding whether a civil lawsuit is the right choice or whether other laws offer you the solutions you need.
