In short, yes, you can sue for emotional abuse in New York. Emotional abuse, also known as psychological or mental abuse, is a form of mental abuse that often plays a role in many family law cases.
In general, emotional abuse occurs in situations where there is a power imbalance between two parties, where one party abuses another based on that imbalance. Emotional abuse often leads to psychiatric injuries, including anxiety, depression, or other psychological symptoms. These psychological symptoms may also result in physical manifestations.
However, psychological or emotional abuse is often only one factor in a situation that is one-sided in terms of power and influence. Emotional abuse may also be accompanied by physical violence, threats of violence, or sexual assaults.
Further, emotional abuse cycles can 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, you, as the victim of the abuse, may be able to sue your abuser for damages related to injuries you have suffered.
In New York specifically, emotional abuse is recognized as a form of domestic violence and can be defined as the willful infliction of mental or emotional anguish by threat, humiliation, intimidation, or other abusive conduct. This abusive conduct includes behaviors such as:
- Verbal aggression, including false statements or lies directed toward another person
- Dominating or repressive behavior
- Implanting ideas of jealousy or slander
- Forcing an individual to view disturbing or negative images or behavior
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?
As mentioned above, you should always report any suspicions or acts of emotional abuse. Emotional abuse is also a type of domestic violence that is illegal in numerous states under various state emotional abuse laws.
Many of those state laws make reporting emotional abuse mandatory in certain cases. As such, failure to timely report evidence of emotional abuse may be considered a crime in and of itself. However, in New York, although emotional abuse is recognized as a serious issue, there is no legal requirement to report it in most cases.
There are exceptions where reporting is required, such as emotional abuse involving certain vulnerable populations, such as children, the elderly, or individuals with disabilities. If there is evidence of emotional abuse involving a child, mandated reporters, such as teachers, doctors, or social workers, are required to report it to Child Protective Services (“CPS”).
The victim of the emotional abuse could be an elderly person or an individual with disabilities. In that case, certain professionals are also required to report evidence of such abuse to Adult Protective Services (“APS”).
However, although not legally required, reporting emotional abuse can be crucial for the safety and well-being of the victim, as well as assisting the victim in seeking legal protections or pursuing a claim for emotional distress.
It is important to note that emotional abuse is often harder to identify than physical abuse. However, emotional abuse is not any less harmful than physical abuse in many cases. Although there is no set standard definition of emotional abuse, emotional abuse may typically be identified by the signs and actions listed in the definition above.
How to Prove Emotional Abuse in Court?
Once again, most of the lawsuits for emotional abuse will be based on a claim of intentional infliction of emotional distress (“IIED”). Intentional infliction of emotional distress is a type of personal injury tort that is based on conduct that causes a victim extreme emotional trauma.
In New York, in order to succeed in an IIED claim, you and your attorney must prove all of the following:
- Extreme and Outrageous Conduct: That the defendant’s behavior was so extreme and outrageous that it went beyond all bounds of decency
- This means the conduct must be more than just offensive or annoying, but instead it was truly shocking
- Intentional or Reckless Conduct: That the defendant acted intentionally or recklessly, meaning they either intended to cause emotional distress or acted with reckless disregard for the likelihood of causing such distress
- Causation: There must be evidence of a direct causal link between the defendant’s conduct and the emotional distress that was suffered by the plaintiff
- Severe Emotional Distress: Finally, there must be evidence of severe emotional distress, meaning the distress was more than just minor or temporary discomfort, but rather significant enough that no reasonable person could be expected to endure it
In claims for IIED, 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 lawsuit.
As such, if you are seeking to file a lawsuit involving emotional abuse, you should always document everything and keep good records regarding any treatment that you have had to undergo. This includes any drugs that may have been prescribed to help you cope with anxiety or depression.
Additionally, if your emotional abuse also resulted in a physical manifestation, such as a nerve-related illness, you should also keep any documentation involving that physical manifestation.
In situations where you may be unable to prove that your injuries were a result of intentional or reckless conduct, you may also bring a claim for Negligent Infliction of Emotional Distress (“NIED”) as a basis for damages in a negligence claim.
Can Someone Go to Jail for Emotional Abuse?
Yes, a bad actor can go to jail for emotional abuse in New York. This is especially true if the emotional abuse act falls under the category of domestic violence. In these cases, emotional abuse can be considered a form of domestic violence, and if the abuser is convicted, they may face various penalties, including jail time.
It is important to note that in New York, domestic violence cases often involve a “mandatory arrest” policy. This means that the police must make an arrest if a felony is committed or if an order of protection is violated. Then, if convicted, the abuser could face penalties such as:
- Depending on the severity of the emotional abuse and other accompanying charges, the abuser could be sentenced to jail or prison
- The abuser may be placed on probation, which includes regular check-ins with a probation officer and compliance with certain conditions
- The court may impose fines on the abuser
- The abuser might be required to attend counseling or anger management programs
- The court can issue an order of protection to keep the abuser away from the victim
If you have been charged with criminal emotional abuse or have questions related to mental abuse charges, a New York criminal law attorney will be able to answer any questions you may have.
What Are Some Legal Remedies for Emotional Abuse?
In the criminal context, legal remedies for emotional abuse may include the issuing of a restraining order against the victim’s abuser or jail time for the abuser. Courts will generally look at the totality of the circumstances when determining what the appropriate legal remedies are for criminal emotional abuse cases.
In the civil context, emotional abuse often results in a damages award for the victim of the abuse. The purpose of the damage award is to compensate the victim for their losses. This means that 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 New York 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 child custody, child support, and determining visitation. Additionally, emotional abuse will also be considered in other cases, such as determining guardianship of a dependent adult. A local attorney in New York will be familiar with all of the remedies available in emotional abuse matters.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
You may be experiencing abuse caused by the intentional or reckless actions of another party, or know of someone experiencing emotional abuse. If this is the case, it is recommended that you immediately consult a New York family lawyer.
LegalMatch can assist you in locating and setting up an attorney consultation with an experienced family lawyer near you. An experienced family lawyer will be able to inform you of your legal rights and best course of legal action under New York’s specific emotional abuse laws.
An attorney will be able to inform you of all of the laws that may affect your claim for damages related to your emotional abuse. Additionally, a lawyer will be able to assist you in filing your lawsuit. Finally, an attorney can also represent you in court, as needed.
