The civil law in Washington recognizes two civil actions that may serve as 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. Generally, people seek to recover for the emotional injury or psychological damage they have suffered in connection with an event that caused them physical injury.
It is not a requirement that emotional distress be part of a claim for a coincident physical injury, but suing for emotional distress without physical injury would be challenging.
In Washington, victims of domestic violence are protected by other civil emotional abuse laws However, emotional abuse per se does not meet the definition of criminal domestic or family violence in Washington as it does in some other states.
Per Washington’s criminal domestic violence law, threatening to harm a person in one’s domestic circle may amount to domestic violence. Otherwise, domestic violence comprises such conduct as inflicting physical harm, bodily injuries, assault, sexual assault, or stalking crimes committed by or against a family or household member or intimate partner against another person in their domestic circle.
In civil law, which is the law that applies in hearings of petitions for protection orders, domestic violence has a somewhat different definition. It includes physical harm, bodily injury, assault, sexual assault, threats of harm, coercive control, unlawful harassment, or stalking crimes committed by or against a family or household member or intimate partner. A local attorney in Washington would be able to provide additional information regarding mental abuse charges.
Does Emotional Abuse Need to Be Reported?
Washington law specifies people in a variety of roles who are required to report suspected abuse of children and vulnerable adults, including emotional abuse. Washington authorities encourage every person who has cause to believe that a child has suffered abuse or neglect to report it to the Child Protective Services office in the county in which they live.
Washington law requires the following people to report child abuse or neglect to the appropriate authorities. This means that if they do not report abuse when circumstances require it, they may be subject to penalties:
- Teachers
- Social Workers
- Health Care Professionals
- Dentists
- Law Enforcement Officers.
There are others. The definition of child abuse for the purposes of mandated reporting includes behaviors that are not physical, such as neglect of a child, failure to act when action is clearly required, and the like. A child does not have to suffer actual physical injury or emotional harm for a report to be warranted.
Emotional abuse also qualifies as the type of abuse that must be reported if the victim is a vulnerable adult. If a mandated reporter fails to report abuse or neglect that takes place in a nursing home, they may be charged with criminal inaction. They may also be found liable for any damage that results from the abuse or neglect. Mandatory reporters include people in the following roles:
- Social workers
- Medical professions, including doctors, dentists, psychologists, nurses, and others
- County coroners and medical examiners.
These professionals are required to report suspicions if they believe a vulnerable adult is a victim of abuse, abandonment, neglect, or financial exploitation. Owners or employees of nursing homes, boarding homes, or adult family homes are also mandatory reporters.
Any person who is employed by an agency that is licensed to provide health care and other services to adults is a mandated reporter of adult abuse. If a mandated reporter suspects that an adult client has been abused, neglected, exploited, or mistreated must report this to the Washington State Department of Health Services.
Of course, a person does not have to be legally required to report suspected elder abuse.
Again, to report suspected abuse or neglect of a vulnerable adult, a person should turn to the Washington State Department of Health Services. This agency has a toll-free hotline, which a person can call 24 hours a day.
Of course, if a person believes that an adult is in immediate danger or has been the victim of a criminal act, they should call law enforcement immediately.
How to Prove Emotional Abuse in Court?
Proving emotional abuse if it is not related to physical injury can be challenging. A victim should keep a journal of each incident of emotional abuse they have suffered 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?
If emotional abuse meets the definition of domestic violence in Washington criminal law, then a person who commits emotional abuse may be charged with the crime of domestic violence.
Depending on the exact circumstances of a particular offense, the crime may be charged as a felony or misdemeanor. If a person is found guilty, then they may be sentenced to time in jail or probation, anger management classes, community service, the payment of a fine, and/or the payment of restitution to the victim. Sentences may also include a restraining or protective order.
In Washington, criminal domestic violence is a pattern of threatening or violent behaviors combined with other kinds of abuse. A perpetrator uses this pattern of behavior to control their victim. A perpetrator may abuse their current spouse, their ex-spouse, or a person they have dated or lived with in the past. A Washington criminal law attorney would be able to provide more information about criminal domestic violence in Washington.
What Are Some Legal Remedies for Emotional Abuse?
If a person is a victim of a domestic violence crime in Washington, a court may issue a domestic violence personal protective order (PPO). 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 PPO, they may be jailed and charged with a separate crime, including aggravated stalking.
A personal protective 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 Washington, 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 Washington, 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 believe that you are the victim of emotional abuse or know someone else who has been victimized, you want to talk to a Washington personal injury lawyer. LegalMatch.com can connect you to a lawyer who can discuss your situation and help guide you to the right solution.
