Yes, a victim of emotional abuse can file a lawsuit in Ohio. Previously, issues such as emotional and psychological abuse were not always recognized under the laws.
Now, however, emotional abuse is often considered to be a major issue in family law cases. In other words, it is reviewed closely, especially in child abuse and elderly abuse cases.
Numerous states have made emotional abuse a criminal offense under various abuse laws, including:
- Domestic violence
- Elder abuse
- Child abuse
- Other forms of abuse
In situations where these types of offenses are occurring, an individual should seek help from an Ohio criminal law attorney as soon as possible for assistance with reporting emotional abuse or for protection for themselves or a loved one.
Common examples of situations in which emotional abuse may occur can include:
Emotional abuse can be a very harmful form of abuse that arises in family law cases. It is important for individuals to be aware that there are many different forms of emotional abuse.
It can also be considered psychological abuse or mental abuse. This type of abuse involves exposing someone to behavior or language and using verbal harassment that may result in psychological trauma.
In general, emotional abuse occurs in situations where a power imbalance exists. It may lead a victim to experience anxiety, depression, or other psychological symptoms resulting in physical manifestations.
In addition, psychological or emotional abuse is a common factor in power imbalance situations and may also accompany other forms of abuse, such as sexual assault, physical violence, or threats of violence.
There are numerous different settings in which emotional abuse may occur, such as:
Emotional abuse is a subcategory of domestic violence. This means it is against the law in many states under their domestic violence laws.
In addition, there are many domestic violence laws that require mandatory reporting of abuse. It is essential to be aware that emotional abuse is typically more difficult to identify than physical abuse, although it can be just as harmful.
Emotional abuse does not have a standard definition. It does, however, typically include many of the following:
- Verbal aggression
- This often includes false statements or lies directed toward someone else
- Planting ideas of jealousy or slander of another individual
- Repressive or dominating behavior against someone else
- Forcing a person to look at negative or disturbing images or behavior
If someone has questions or concerns about emotional abuse or needs assistance reporting emotional abuse, it is important to schedule an attorney consultation with a local attorney in Ohio.
Does Emotional Abuse Need to Be Reported?
Emotional abuse needs to be reported whenever possible. It is common for emotional abuse to be reported, along with concerns of other types of abuse.
There may also be reporting requirements for some professionals who are required to report any reasonably suspected child abuse, which may include:
- Teachers, principals, and other school personnel
- Doctors, nurses, and other healthcare workers
- Dentists
- Mental health practitioners, which may include counselors and therapists
- Child care providers
- County child support enforcers
- Law enforcement personnel
- Social workers
- Medical examiners and coroners
In some locations, the following individuals are also required to report instances of suspected child abuse:
- Clergy leaders
- Foster parents
- Probation and parole officers
- Camp and youth center workers and volunteers
- Attorneys
- Film and photograph processors
- Substance abuse counselors
How to Prove Emotional Abuse in Court?
Emotional abuse issues can be addressed in both civil courts and criminal courts. Victims of emotional abuse may be able to file lawsuits based on the emotional abuse laws in their jurisdiction.
In most cases, a civil lawsuit based on emotional abuse will be based on a claim of intentional infliction of emotional distress. It is important to note that, in certain jurisdictions, an individual will not be able to recover damages unless they also manifest physical symptoms, such as a nerve-related illness.
To demonstrate that intentional infliction of emotional distress has occurred, the plaintiff must show:
- The defendant acted intentionally or recklessly toward the plaintiff
- The defendant’s conduct was extreme and outrageous
- The defendant’s conduct was the actual cause of their injury
- The individual suffered measurable severe emotional distress
There are different types of evidence that can be used to prove each of these elements, such as missed work and medical issues. Due to this issue, it is essential for an individual who is suffering from emotional abuse to keep records of their treatments, including medications prescribed to help them cope with their anxiety or depression.
Other important evidence in these cases will include anything that ties the physical or emotional injuries back to the victim’s abuser.
Can Someone Go to Jail for Emotional Abuse?
Emotional abuse, in many states, is a domestic violence offense that is punishable under criminal laws. It is important to be aware, however, that it is often difficult to prove.
This type of abuse will often occur with other types of abuse that result in physical injuries, such as physical abuse. When a defendant is facing any type of mental abuse charges, they should reach out to a criminal attorney in Texas.
What Are Some Legal Remedies for Emotional Abuse?
A victim of emotional abuse may be able to obtain remedies under civil laws, criminal laws, or both. In a civil context, emotional abuse may result in a monetary damages award for the plaintiff which is intended to cover their associated losses, such as:
- Therapy sessions
- Time missed from work
- Medical costs
In a criminal context, a victim may be able to press charges or obtain a restraining order against the abuser. Courts provide restraining orders that require defendants to keep a certain distance away from those named in the document.
These orders often also include prohibitions on contacting the parties listed in the order by text, phone, email, or other types of communication. They are commonly used in situations where emotional abuse occurs along with physical violence.
It is important for victims to be aware that there are time limits, called statutes of limitations, for bringing claims, both civil and criminal. A civil claim for emotional abuse may be brought separately, along with a claim for intentional infliction of emotional distress, or be included with other claims.
Every state will have a unique statute of limitations for its different types of cases. In general, an intentional infliction of emotional distress claim has a statute of limitations of one year. In other states, the time limit may be two years from the date of the harm.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you need any type of assistance with an emotional abuse claim, it is very important to reach out to an Ohio family lawyer as soon as possible. This type of abuse can be serious and difficult to prove if you are not an experienced legal professional.
Your attorney will help you with gathering the necessary evidence to file a successful claim. In addition, they will be there to represent you whenever you are in court.
If you or a loved one is suffering from an emotional abuse issue, your family attorney can help. They will explain your rights, the possible steps you can take to protect yourself and create the best case possible to present in court on your behalf.
