The law in Virginia recognizes one cause of action that may form the basis of a civil lawsuit for emotional abuse. In Virginia, a claim for the negligent infliction of emotional distress is not available. A person may recover for the intentional infliction of emotional distress only.
Virginia allows a person to recover for emotional injury only if the person has suffered physical injury as well at the same time or if the emotional injury is the result of intentional or reckless conduct. Virginia law does not permit recovery for negligent infliction of emotional distress as the law does in many other states.
Success with a claim for the intentional infliction of emotional distress requires a victim to prove that they endured significant mental suffering or distress as well as coincident physical injury.
In Virginia, victims of domestic violence are protected by other civil emotional abuse laws and criminal laws as well. Criminal 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 Virginia would be able to provide more information about domestic violence law and mental abuse charges.
Does Emotional Abuse Need to Be Reported?
Virginia law requires that a person report child abuse if they suspect that a child is the victim of abuse. In Virginia, healthcare professionals, teachers, social workers, and law enforcement officers are among the mandated reporters of suspected child abuse. However, every adult is encouraged to report any child abuse that they may suspect to Virginia Child Protective Services (CPS).
In Virginia, 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.
Again, a person should report suspected abuse or neglect to the Virginia CPS. This may be done online. A person who has any questions about reporting abuse would benefit from an attorney consultation.
Emotional abuse of the disabled and the elderly is also specifically addressed by Virginia 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 elderly 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 Virginia protects adults with disabilities of any age from abuse, and the abuse may be emotional. The law states that the following are mandated reporters of adult abuse:
- Health care professionals
- Law enforcement officers
- Firefighters
- Paramedics or
- Emergency medical technicians
If any person in one of these roles has reasonable cause to believe that a vulnerable adult is the victim of abuse, neglect, or exploitation, they are required by Virginia law to report it to the Virginia Adult Protective Services (APS) program,
Again, abuse may 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.
A person who thinks that they have been the victim of criminal domestic violence should report it to a law enforcement agency in the Virginia community in which they live. A Virginia criminal defense attorney would also be able to offer a person some guidance.
How to Prove Emotional Abuse in Court?
One of the challenges in cases of emotional abuse is proving the emotional injury in court. Emotional abuse does not leave visible marks, making it difficult to gather the concrete evidence that proof in a court of law requires. 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.
The evidence a person would want to gather is the following:
- Documentation: Keeping detailed records of incidents of abuse with dates, times, and descriptions of the conduct of the abuser
- Witnesses: Testimony from friends, family members, or colleagues who have witnessed the abuse can support a victim’s claims
- Expert Testimony: Mental health professionals can provide expert testimony on the psychological impact of the abuse and the treatment that is provided for it. This may help, especially to establish its severity and effects.
Can Someone Go to Jail for Emotional Abuse?
A term of imprisonment in jail or even in state prison is possible in Virginia as punishment for emotional abuse. A person who perpetrates an act of abuse or neglect on a vulnerable adult, even if it does not result in a serious bodily injury, is guilty of a Class 1 misdemeanor in Virginia. The punishment for this crime is a term of imprisonment for up to 1 year in a county jail and payment of a fine of up to $2,500.
If a person commits a second or subsequent offense against a vulnerable adult, they may be convicted of a Class 6 felony. This can bring a term of imprisonment of from 1 to 5 years in state prison. Alternatively, a judge or jury may punish a Class 6 felony conviction by up to 1 year in a county jail and payment of a fine of up to $2,500.
An act of child abuse or neglect that causes or permits serious injury to the life or health of the child is a Class 4 felony. Such an offense is punishable by imprisonment for between 2 and 10 years and payment of a fine of up to $100,000. More severe penalties are possible if a person commits other specific acts relating to the abuse and neglect of vulnerable adults and children.
What Are Some Legal Remedies for Emotional Abuse?
If a person is a victim of a domestic violence crime in Virginia, 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 intentionally caused them emotional distress in connection with inflicting a physical injury. Compensatory damages would cover a person’s economic and non-economic losses, e.g., pain and suffering.
The federal Violence Against Women Act (VAWA) provides funds to states to set up programs to address domestic violence. In New Jersey, the funds are used for victim services, police training, and special law enforcement domestic violence units. A person who is a victim of domestic abuse might find help from these programs.
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 Virginia personal injury 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.
