Yes, an individual in Tennessee can sue for emotional abuse. Although emotional abuse and psychological abuse were not always recognized under the law, it is now recognized as a major issue in family law cases.
Emotional abuse may be classified as criminal abuse under certain categories of state laws, for example:
- Elder abuse
- Domestic violence
- Child abuse
- Other forms of abuse
When this type of abuse occurs, an individual should consult with a Tennessee criminal law attorney for assistance with reporting emotional abuse or for protection for themselves or a loved one. There are numerous common situations in which emotional abuse may arise, including:
Emotional abuse is a harmful form of abuse that may arise in a family law case. It is important to note that there are different forms of emotional abuse.
This type of abuse may be called psychological abuse or mental abuse. This type of abuse involves exposing an individual to conduct or language using verbal harassment that may cause psychological trauma.
In general, emotional abuse occurs in situations with a power imbalance. Victims of emotional abuse may experience:
- Depression
- Anxiety
- Other types of psychological symptoms that can result in physical manifestations
Psychological or emotional abuse often occurs in conjunction with other forms of abuse, such as physical violence, threats of violence, or sexual assault. It is often a subcategory of domestic violence.
Because of this, it is against the law in many states under their domestic violence laws. This type of abuse is commonly more difficult to identify than physical abuse, even though it may be just as harmful.
There is not one standard definition of emotional abuse. However, emotional abuse usually involves one or more of the following:
- Forcing a victim to observe disturbing or negative images or behaviors
- Repressive or dominating behavior against the victim
- Putting ideas of jealousy or slander of another individual in the victim’s head
- Verbal aggression
- This commonly involves lies or false statements that are directed toward another party
If someone has any questions or concerns about emotional abuse or if they need assistance reporting emotional abuse, it is important to schedule an attorney consultation with a local attorney in Tennessee.
Does Emotional Abuse Need to Be Reported?
Emotional abuse should be reported whenever it can be reported. It is common for emotional abuse to be reported in addition to other types of abuse.
There are certain professionals that have reporting requirements any time they reasonably suspect child abuse, which may include:
- Law enforcement personnel
- Teachers, principals, and other school personnel
- Social workers
- Dentists
- Mental health practitioners, such as therapists and counselors
- Child care providers
- Doctors, nurses, and other healthcare workers
- County child support enforcers
- Medical examiners and coroners
In certain places, the following types of professionals are also required to report instances of suspected child abuse:
- Clergy leaders
- Camp and youth center workers and volunteers
- Attorneys
- Foster parents
- Probation and parole officers
- Film and photograph processors
- Substance abuse counselors
How to Prove Emotional Abuse in Court?
A criminal court or a civil court may handle cases that involve emotional abuse. Perpetrators of abuse may face criminal charges under the applicable domestic violence laws.
Additionally, victims of emotional abuse may be able to file lawsuits based on the emotional abuse laws in their jurisdiction. In the majority of situations, civil lawsuits that include claims of emotional abuse will be based on intentional infliction of emotional distress.
There are some places where plaintiffs cannot recover damages unless they also experience physical symptoms, such as nerve-related illnesses. To successfully demonstrate that the plaintiff suffered from intentional infliction of emotional distress, they must have to show:
- The conduct of the defendant was outrageous and extreme
- The defendant acted intentionally or recklessly toward the victim
- The defendant’s conduct was the actual cause of the injury
- The individual suffered measurable severe emotional distress
There are many different types of evidence that can be used to provide each of the elements noted above, which may include missed work or medical records. Because of the need to prove these issues, victims of emotional abuse should keep detailed records of any treatments, including any medications that they were prescribed to help them cope with the resulting depression or anxiety.
An abuse victim should also make sure to keep up with any other types of evidence that will link the emotional or physical injuries back to the abuser.
Can Someone Go to Jail for Emotional Abuse?
As discussed above, emotional abuse may be categorized as domestic violence and, therefore, may be punishable under criminal laws. It is important to be aware, however, that emotional abuse is often difficult to prove.
As discussed above, this type of abuse often occurs along with other forms of abuse that result in physical injuries. This means that it may be possible for an abuser to go to jail for another type of abuse.
If an individual is a defendant who is facing any type of mental abuse charges, they should consult with a criminal lawyer in Tennessee.
What Are Some Legal Remedies for Emotional Abuse?
If an individual is a victim of emotional abuse, they may be able to obtain a legal remedy under civil laws, criminal laws, or both. In civil cases, a victim of emotional abuse may be awarded monetary damages or money to compensate them for their injuries.
These monetary damages, often called compensatory damages, are meant to compensate them for issues they may have faced because of the abuse, such as:
- Therapy sessions
- Time missed from work
- Medical costs
Under criminal laws, victims of emotional abuse may press charges against the abuse or obtain a restraining order. A court can issue a restraining order that states the defendant must stay a specific distance from the plaintiff.
A restraining order will also usually prohibit a defendant from contacting the victim by:
- Phone
- Text
- Email
- Other types of communication
A restraining order is often used in cases where both physical abuse and emotional abuse have occurred. It is important for victims of abuse to know that there are limitations, or statutes of limitations, that place time limits on bringing criminal charges and civil claims.
The statute of limitations from criminal charges in Tennessee will vary depending on the category of the charges, such as a misdemeanor or a felony. Typically, the statute of limitations for bringing an intentional infliction of emotional distress claim is one year from the date of the injury.
It is important to consult with a lawyer as soon as possible to ensure the claim is brought within the required time period. Otherwise, an individual may lose the ability to bring criminal charges or obtain compensation.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
You may be facing emotional abuse or believe abuse may be occurring, and you are a professional required to report it. In this case, it is important to reach out to a Tennessee personal injury lawyer. This category of abuse is serious and commonly difficult to prove without help from a legal professional.
Your attorney will be able to help you present the required evidence for your claim to be successful. In addition, your attorney will represent you and support you when you appear in court.
LegalMatch can help you find a lawyer who can explain your rights, provide you with ways to protect yourself and create the best argument possible to present to the court. You can quickly submit your concerns on the website.
In around 24 hours, you will receive messages from attorneys near you who are licensed and pre-screened. These responses will also provide you with their background, fees, and client reviews.
