In short, yes, you can sue for emotional abuse in Wisconsin. Emotional abuse, also known as psychological or mental abuse, is a court-recognized form of mental abuse that often plays a role in many family law cases.
In Wisconsin, emotional abuse occurs in situations where language or behavior serves no legitimate purpose and is intended to intimidate, humiliate, threaten, frighten, or otherwise harass an individual. There is often a power imbalance between two parties, where one party abuses another based on that imbalance.
This imbalance can include verbal-based harassment that results in psychological trauma. Psychiatric injuries may include anxiety, depression, or other psychological symptoms. All of these psychological symptoms may also result in physical manifestations.
However, psychological or emotional abuse is often only one factor in a case that involves emotional abuse. Emotional abuse may also be accompanied by physical violence, threats of violence, or sexual assaults.
It is important to note that emotional abuse cycles can exist over long periods of time, which often result in even greater long-term psychological injuries to the victim. Depending on the circumstances of the emotional abuse that has occurred, the victim of the abuse may be able to sue their abuser for damages related to injuries they have suffered.
In Wisconsin, specifically, emotional abuse falls under the umbrella of domestic violence. This means that emotional abuse can lead to legal protections for the victims, similar to those available for physical abuse cases.
Emotional abuse in Wisconsin is defined as language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing. Further, this behavior must either actually cause or reasonably could cause the individual to feel intimidated, humiliated, threatened, frightened, or harassed.
Abusive conduct may include behaviors such as:
- Verbal aggression, including false statements or lies directed toward another person
- Dominating or repressive behavior
- Implanting ideas of jealousy or slander
- Forcing an individual to view disturbing or negative images or behavior
If you or someone you know are in a situation where emotional abuse may be occurring or if you know of a person suffering from emotional abuse, you should always report such abuse.
Does Emotional Abuse Need To Be Reported?
Once again, you should always report any suspicions or acts of emotional abuse. This is because emotional abuse is also a type of domestic violence that is illegal in numerous states under various state emotional abuse laws.
Many state laws make reporting emotional abuse mandatory in certain cases. As such, failure to timely report evidence of emotional abuse may be considered a crime in and of itself. However, in Wisconsin, there is no legal requirement to report it in most cases.
However, if you suspect that someone is experiencing emotional abuse, it’s always better to report it to the appropriate authorities, such as Child Protective Services (“CPS”), Adult Protective Services (“APS”), or local law enforcement.
There are mandated reporters in Wisconsin, such as teachers, healthcare professionals, and social workers. Mandated reporters are required by law to report any suspected cases of abuse or neglect.
Although not legally required, reporting emotional abuse is crucial to ensure the safety and well-being of the victim. As such, if you’re unsure about how to proceed, you should defer to local authorities or seek guidance from a qualified professional.
How To Prove Emotional Abuse in Court?
In Wisconsin, in order to succeed in an emotional abuse claim, you and your attorney must prove all of the following legal elements:
- Intentional Conduct: You must prove that the defendant intentionally engaged in a course of conduct
- Continuity of Purpose: You must next prove that the defendant’s conduct constituted a continuity of purpose, meaning it wasn’t just a one-time event
- Knowledge of Impact: Next, you must demonstrate that the defendant knew or should have known that their actions would cause serious emotional distress
- Causation: Finally, the conduct must have actually caused or was likely to cause serious emotional distress to the victim
In claims for emotional abuse, providing evidence such as medical evidence, witness testimony, forensic evaluations, or records of time missed from work are often the most important factors in being successful in a civil lawsuit.
Proving emotional abuse in court in Wisconsin can often be challenging due to its often invisible nature. However, doing the following can help you to build a strong case of emotional abuse:
- Document Incidents: Keeping a detailed journal of abusive incidents, including dates, times, and descriptions of what happened
- Gather Evidence: Collecting any relevant texts, emails, or social media messages that demonstrate the abusive behavior
- Witness Testimonies: Obtaining statements from people who have witnessed acts of emotional abuse
- Professional Evaluations: Seeking assessments from therapists or counselors who can provide the court with professional opinions on the emotional abuse and its effects
- Medical Records: Using medical records to show the impact of the abuse on your mental and emotional health
- Police Reports: Filing reports with the police, if there have been any incidents that could be considered criminal, may support a civil claim for emotional abuse damages
- Legal Affidavits: Preparing affidavits from yourself and any witnesses to present in court
Can Someone Go to Jail for Emotional Abuse?
Yes, a bad actor can go to jail for emotional abuse in Wisconsin. Emotional abuse can be considered a form of domestic violence in Wisconsin. Then, if convicted, the perpetrator may face criminal charges.
The criminal penalties can vary depending on the severity of the abuse and the circumstances of the case. For example, if a child suffers emotional harm, that criminal act is classified as a Class G felony, which can result in up to 10 years in prison and a fine of up to $10,000.
If you have been charged with criminal emotional abuse or have questions related to mental abuse charges, a Wisconsin criminal law attorney will be able to answer any questions you may have.
What Are Some Legal Remedies for Emotional Abuse?
In the criminal context, legal remedies for emotional abuse may include restraining orders against the victim’s abuser or imprisonment for the abuser. Courts will generally look at the totality of the circumstances when determining what the appropriate legal remedies are for criminal emotional abuse cases.
In civil cases, emotional abuse often results in a damages award for the victim of the abuse. The purpose of the damage award is to compensate the victim for their losses. This means that the victim will often be granted damages for expenses, such as therapy sessions, medical costs, medication costs, or time missed from work.
A damage award for emotional abuse in Wisconsin may include any of the following damages:
- Economic Damages: Economic damages cover out-of-pocket expenses, such as medical bills, therapy costs, and lost wages
- Non-Economic Damages: Non-economic damages include compensation for pain and suffering, emotional distress, anxiety, depression, and loss of enjoyment of life
- Punitive Damages: Punitive damages are damages that are awarded in cases where the defendant’s conduct was so particularly egregious or malicious
- Punitive damages are issued to punish the defendant and deter similar behavior in the future
Finally, in family law cases, emotional abuse may also be used as a determining factor in matters that involve child custody, child support, and determining visitation. Additionally, emotional abuse will also be considered in other cases, such as determining guardianship of a dependent adult. A local attorney in Wisconsin will be familiar with all of the remedies available in emotional abuse matters.
Should I Hire a Lawyer for Help With Emotional Abuse Claims?
If you are experiencing abuse caused by the actions of another party, or if you know of someone experiencing emotional abuse, then it is recommended that you immediately consult a Wisconsin personal injury lawyer.
LegalMatch can assist you in locating and setting up an attorney consultation with an experienced family lawyer near you. An experienced family lawyer will be able to inform you of your legal rights and best course of legal action under Wisconsin’s specific emotional abuse laws.
They will also be able to inform you of all of the laws that may affect your claim for damages related to your emotional abuse. Additionally, a lawyer will be able to assist you in filing a civil lawsuit to recover any damages you may have suffered. Finally, an attorney can also represent you in court, as needed.
