The law in North Carolina 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 suffered emotional damage either because of the intentional conduct of another person or another person’s negligence.
In North Carolina, victims of domestic violence are protected by other civil emotional abuse laws and criminal laws as well. Domestic violence may be physical or sexual, but it can also be emotional or even financial. Certain types of emotional abuse are often verbal, and they can be perpetrated through all methods of communication, including written notes and letters, telephone calls, faxes, email, or voicemail.
A local attorney in North Carolina would be able to provide more information about domestic violence law and mental abuse charges.
Does Emotional Abuse Need to Be Reported?
North Carolina law requires that a person report child abuse if they suspect that a child is a victim of child abuse. In North Carolina, every adult is a mandated reporter of suspected child abuse. This means that every adult has a legal obligation to report any child abuse that they may suspect.
In North Carolina, 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.
Emotional abuse of the disabled and the elderly is also specifically addressed by North Carolina 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 older or disabled. Elder abuse can be inflicted by family members 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 North Carolina protects adults with disabilities of any age from abuse, and the abuse may be emotional. The law states that every person who has a reasonable belief that a disabled adult of any age needs the help of protective services must report their belief. A person should report their belief to the North Carolina Department of Social Services, Adult Protective Services office in the county in which the person with a disability or older adult lives.
Again abuse can 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 to qualify as criminal family violence, these actions must be directed against a victim with whom the perpetrator has a domestic relationship.
A person may think that they have been the victim of criminal domestic violence. In that case, they should report it to a law enforcement agency in the North Carolina community in which they live. North Carolina law defines domestic violence as harmful acts or threats of harm committed against a person with whom the perpetrator is in a current or former “personal relationship.” A North Carolina criminal law attorney might also be able to offer a person some guidance.
How Can I Prove Emotional Abuse in Court?
A victim should keep a journal of each incident of emotional abuse, if they can. 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 who may be able to document the symptoms of emotional abuse.
Emotional abuse is nonphysical, 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?
As noted above, a variety of crimes may be considered domestic violence in North Carolina. In addition to assault & battery, domestic violence crimes can comprise emotional abuse and may also include
- Sexual abuse or assault
- Stalking
- Harassment
- Unlawful restraint
- Criminal trespass
- Criminal property damage.
However, to be considered criminal domestic violence, these crimes must be committed against a victim with whom the perpetrator has a domestic relationship.
What Are Some Legal Remedies for Emotional Abuse?
If a person is a victim of a family violence crime in North Carolina, a court may issue a Domestic Violence Protective Order. This order prohibits the perpetrator of the crime from having contact with the victim for a specified period of time.
If a person who has been ordered to stay away from their victim violates a Domestic Violence Protective Order, they may be jailed and charged with a separate crime, including aggravated stalking.
A Domestic Violence Protection Order may do the following:
- Order a perpetrator to stay away from their victim.
- Force the perpetrator to leave the victim’s residence.
- Direct the local sheriff to forcibly eject the perpetrator from the victim’s residence.
- Order assistance to help a victim get their personal property away from a perpetrator.
- Make the abuser provide alternate housing for a spouse, former spouse, parent, or child.
- Give the victim temporary custody of shared children.
- Award temporary child support and/or spousal support to the victim to be paid by the perpetrator.
- Order the perpetrator to get counseling.
A perpetrator might be arrested if they violate the order.
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 North Carolina, 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.
The federal Violence Against Women Act (VAWA) provides funds to states to set up programs to address domestic violence. In North Carolina, the funds are used for victim services, police training, and special law enforcement domestic violence units. These programs might offer help to a person who is a victim of domestic abuse.
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 North Carolina family 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.
