Yes, emotional abuse is recognized as a legal cause of action in Texas. In previous years, psychological and emotional abuse was not always recognized under the law.
Currently, emotional abuse is typically considered a major factor in family law cases. This means it is reviewed closely in elderly abuse and child abuse cases.
There are many states that have criminalized emotional abuse under different abuse laws, such as:
- Child abuse
- Domestic violence
- Elder abuse
- Other forms of abuse
In cases that involve certain types of offenses, individuals should immediately seek the assistance of a Texas criminal law attorney who can help them report emotional abuse or protection for themselves or their loved ones.
Examples of these situations and offenses may include:
Emotional abuse is a very harmful type of abuse that can arise in a family law case. It is important to be aware that there are numerous forms of this type of abuse.
Emotional abuse may be considered mental abuse or psychological abuse. This abuse includes exposing another individual to language or behavior and using verbal-based harassment, which can result in psychological trauma.
Generally, emotional abuse arises in situations where there is a power imbalance. It commonly leads to depression, anxiety, or other psychological symptoms that may result in physical manifestations.
Emotional or psychological abuse is commonly one of the factors in power imbalance situations and may accompany other types of abuse, which may include physical violence, threats of violence, or sexual assault.
Emotional abuse may occur in many different settings, such as:
Emotional abuse is categorized as a subcategory of domestic violence. It is considered illegal in numerous states under certain domestic violence laws.
Additionally, many domestic violence laws require mandatory reporting in certain situations. It is important to be aware that emotional abuse is often more difficult to identify than physical abuse, even though it is just as harmful.
There is not a standard emotional abuse definition. However, it often includes many of the following:
- Verbal aggression
- This often includes false statements or lies directed toward another individual
- Repressive or dominating behavior against another individual
- Planting ideas of jealousy or slander of another person
- Forcing an individual to look at negative or disturbing images or behavior
If an individual has any questions about emotional abuse or needs to report emotional abuse, they should schedule an attorney consultation with a local attorney in Texas.
Does Emotional Abuse Need to Be Reported?
Yes, emotional abuse should be reported. It is often reported in addition to concerns of other forms of abuse.
There are also reporting requirements for certain types of professionals to report any reasonably suspected child abuse, including:
- Teachers, principals, and other school personnel
- Child care providers
- County child support enforcers
- Law enforcement personnel
- Social workers
- Doctors, nurses, and other healthcare workers
- Dentists
- Mental health practitioners, such as counselors and therapists
- Medical examiners and coroners
In certain jurisdictions, the following individuals are also required to report suspected child abuse:
- Camp and youth center workers and volunteers
- Attorneys
- Film and photograph processors
- Substance abuse counselors
- Clergy leaders
- Foster parents
- Probation and parole officers
How to Prove Emotional Abuse in Court?
Instances of emotional abuse may be handled both in civil court and in criminal court. A victim may be able to file a lawsuit based on the emotional abuse laws in their jurisdiction.
Most lawsuits based on emotional abuse are based on claims of intentional infliction of emotional distress. This is an intentional tort that is based on the individual’s conduct, causing another individual extreme emotional trauma.
In some states, an individual will not be able to recover damages for intentional infliction of emotional distress unless they also have physical symptoms, such as a nerve-related illness. In order to show intentional infliction of emotional distress occurred, the plaintiff must show:
- The defendant acted intentionally or recklessly towards them
- The defendant’s conduct was extreme and outrageous
- This means it was more than just harmful or offensive
- The defendant’s conduct was the actual cause of their injuries
- The individual suffered measurable severe emotional distress
Evidence that may be used to prove these elements includes medical issues or missed work. Because of this, it is important for an individual suffering from emotional abuse to keep track of any of the treatments they sought or received in addition to any drugs they were given to help them cope with anxiety or depression.
Additionally, if the emotional abuse results in physical symptoms, such as a nerve-related illness, the individual should make sure to keep any documents related to that manifestation. Other evidence may include anything that ties the emotional or physical injuries back to the abuser.
Can Someone Go to Jail for Emotional Abuse?
In many states, emotional abuse is categorized as domestic violence and is punishable under criminal laws. However, emotional abuse is often difficult to prove.
In many cases, emotional abuse will be accompanied by other forms of abuse that appear physically, such as physical abuse. If an individual is facing any type of mental abuse charges, they should consult with a criminal attorney in Texas.
What Are Some Legal Remedies for Emotional Abuse?
Legal remedies for emotional abuse may fall under criminal laws, civil laws, or both. Under criminal laws, one available remedy for emotional abuse may be a restraining order against the victim’s abuser or jail time for the abuser.
Restraining orders are orders from a court that require the defendant to stay a certain distance away from the victim. These may also include no contact provisions that prohibit the defendant from contacting the victim listed in the order by phone, text, email, or other forms of communication.
A restraining order is commonly issued in a situation where emotional abuse is also accompanied by physical violence. Generally, a court will examine the totality of the circumstances when it is determining the legal remedies in criminal emotional abuse cases.
Under civil laws, emotional abuse can result in a damages award for a victim or plaintiff. These are monetary amounts that are intended to compensate the victim for their losses, which may include:
- Therapy sessions
- Medical costs
- Time missed from work
In family law cases, emotional abuse can also be a factor in child custody issues, child visitation, and child support issues. It is very important to consult with a lawyer for any type of emotional abuse claim.
These cases may have statutes of limitations or time limits for bringing claims. Emotional abuse claims may be brought separately, with a claim for intentional infliction of emotional distress, or be included with other claims related to family law cases.
Each state has a different statute of limitations for different types of cases. Generally, a claim for intentional infliction of emotional distress has a statute of limitations of one year.
There are some states that have a two year statute of limitations that begins at the date the harm occurred.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you have any issues, questions, or concerns related to emotional abuse issues, it is essential to consult with a Texas family lawyer as soon as you can. This form of abuse can be very serious and typically requires help from an experienced lawyer.
Your lawyer can help you gather the proper evidence to file a successful claim. They will also represent you during court proceedings if you have to appear in court.
If you or someone you know is suffering from emotional abuse issues that involve a family member, your family lawyer can help. They will help you understand your rights, what steps to take to protect yourself, and offer you advice on the best course of action for your family law case.
