Emotional abuse is an extremely harmful form of abuse that often arises in family law cases. There is no one legal definition of abuse because there are many forms.
Emotional abuse is also known as psychological or mental abuse. This type of abuse involves exposing an individual to behavior or language, by means of verbal-based harassment, that may result in psychological trauma.
In general, emotional abuse occurs in a situation where there is a power imbalance. It often leads to anxiety, depression, or other psychological symptoms that can result in physical manifestations. Psychological or emotional abuse is, in many cases, one factor in a situation that is one-sided in terms of power and influence.
Emotional abuse can be accompanied by physical violence, threats of violence, or sexual assault. In many cases, a cycle of abuse exists over long periods of time and results in emotional damage or a psychological imbalance in the victim. The victim may be able to sue the abuser for damages, depending on the circumstances of the case.
Emotional abuse can occur in many settings, including:
Emotional abuse is a type of domestic violence. It is illegal in many states under various domestic violence laws. In addition, many of the domestic violence laws make reporting emotional abuse mandatory in some cases.
If an individual is in a situation where they are being emotionally abused or if an individual knows of a person who is suffering from emotional abuse, they should investigate resources for domestic violence. The individual should also report the violence against them or another individual to the authorities.
Common signs of emotional abuse
Emotional abuse is usually harder to identify than physical abuse, but it is just as harmful. There is no standard emotional abuse definition but it often contains many of the following elements:
- Verbal aggression, which often includes false statements or lies directed towards another
- Humiliation of the victim
- Gaslighting
- Manipulating the victim
- Isolating the victim
- Controlling the victim
- Dominating or repressive behavior against another individual
- Implanting ideas of jealousy or slander of another individual
- Forcing an individual to view disturbing or negative images or behavior
- Erratic behaviors on the part of the abuser
Is Emotional Abuse Recognized as a Legal Cause of Action?
Yes, emotional abuse is recognized as a legal cause of action. In the past, emotional and psychological abuse was not readily recognized in the eyes of the law. In today’s times, emotional abuse is often considered a major factor in family law cases and is reviewed closely in child abuse or elderly abuse matters.
As previously noted, many states have criminalized emotional abuse under various abuse laws including:
- Child abuse
- Elder abuse
- Domestic violence
- Other forms of abuse
In cases involving certain offenses, an individual should immediately seek out the assistance of an experienced criminal law attorney in their area, who can assist with reporting emotional abuse or protection for themselves or loved ones. These types of offenses include:
How Do I Prove Emotional Abuse in Court?
In certain cases of emotional abuse, a victim may file civil lawsuits. The majority of lawsuits for emotional abuse are based on a claim of intentional infliction of emotional distress.
Intentional infliction of emotional distress is an intentional tort based on an individual’s conduct that causes another individual extreme emotional trauma. In many states, an individual cannot recover damages for intentional infliction of emotional distress unless they also manifest physical symptoms, such as a stomach illness or a nerve-related illness.
In order to prevail on an intentional infliction of emotional distress claim and prove emotional abuse, an individual must show:
- The defendant acted intentionally or recklessly towards the individual
- The defendant’s conduct was extreme and outrageous, which means it was more than just harmful or offensive
- The defendant’s conduct was the actual cause of the injury
- The individual suffered measurable severe emotional distress
In many cases, evidence such as medical issues or time missed from work is an important factor in a successful claim of intentional infliction of emotional distress. Therefore, if an individual is seeking to file a lawsuit involving emotional abuse, they should keep track of any of the treatments they received as well as any drugs that were prescribed in order to help cope with anxiety or depression.
In addition, if an individual’s emotional abuse results in a physical manifestation, such as a nerve-related illness, they should keep any documentation involving that physical manifestation. Other important evidence includes anything that ties the emotional or physical injuries back to the abuser.
When Can I Bring My Emotional Abuse Claim?
It is important to seek the assistance of an attorney as soon as possible for any emotional abuse claims. There may be a statute of limitations, or a time limit, on bringing a claim. An emotional abuse claim can be brought on its own, under the intentional infliction of emotional distress, or included with other claims which may be related to family law cases.
Every state has different statutes of limitations for different types of cases. In general, an intentional infliction of emotional distress claim has a statute of limitations of one year. Some states have a two year statute of limitations that begins at the date of the harm.
What Are Some Actionable Steps for Filing an Emotional Abuse Lawsuit?
When an individual is suffering from emotional abuse, there are some actionable steps they can take to protect themselves and their loved ones and seek compensation for the injuries they suffered. One important step an emotional abuse victim can take whether or not they file a lawsuit is to obtain a restraining order or a protective order.
Although the terms restraining order and protective order are used interchangeably, there are differences between the two. A restraining order is typically used in a civil case.
A restraining order is a court order that prohibits an individual from engaging in certain behaviors. In other words, it outlines what the defendant can and cannot do.
These orders are typically used to stop harassment or abuse. To obtain this type of order, the victim will need to show proof of harassment or harm.
A protective order is typically associated with a criminal case. These types of orders are used to prevent abusers from harming victims again.
In order to obtain this type of order, the victim must show proof of abuse or threats of violence. Both of these types of orders can be used to prevent a defendant from interacting with or contacting another party or entering a specific property.
These types of orders may contain “no contact provisions.” These prohibit a defendant from contacting the person who is listed in the order by phone, text, email, or another form of communication. They can also be used to protect both the victim and other parties, such as their children.
One very important actionable step a victim can take is to document evidence of their abuse. As noted above, this may be done by documenting dates and incidents in writing.
Other examples of ways to document evidence can include emails, text messages, and eyewitness accounts. In this modern digital era, there are many different ways to document evidence in these types of cases.
It is important for an individual to be aware of the laws that apply to recordings in their state if they intend to use recordings as evidence. In some states, only one party must consent and, in others, both parties must consent to being recorded.
What Are Some Legal Remedies for Emotional Abuse?
If a defendant violates a restraining order or a protective order, they may face a variety of consequences, depending on the circumstances and their criminal history, including:
- Jail time
- Fines
- Both jail time and fines
- Loss of child visitation or custody rights
- Loss of employment
- Disciplinary action against their vocational certificate or professional license
- Negative impacts on their:
- security clearance
- firearms license
- immigration status
In general, in the criminal context, courts will look at the totality of the circumstances when determining the legal remedies for criminal emotional abuse cases and legal remedies for emotional abuse victims. Emotional abuse may be considered a crime when it becomes an intentional threat.
For example, an individual may be charged with domestic abuse, harassment, stalking, or other offenses, depending on the laws in the state. In addition, if an individual is perpetrating emotional abuse on a child, they may be charged with child endangerment in some circumstances.
In a civil context, emotional abuse may result in an award of damages for the victim. These damages seek to compensate the victim for their losses. The victim may be granted damages for expenses related to the abuse such as therapy sessions, medical costs, or time missed from work. Additionally, in family law cases, emotional abuse may be a determining factor in child custody matters, child support matters, or child visitation.
What Are Some Preventive Measures and Resources for Emotional Abuse?
Experiencing emotional abuse can be a very lonely experience for a victim who may feel like they have no one to turn to and do not know what actions to take. Being aware of measures they can take and resources that may be available can help an individual feel more in control of their situation.
When an individual is experiencing emotional abuse, there are steps they can take to protect themselves, including:
- Documenting all incidents of abuse
- Seeking therapy or counseling to support a case for emotional trauma
- Calling a domestic violence hotline for immediate assistance
Document all incidents of abuse
When an individual is experiencing emotional abuse, it is very important for them to document all incidents they experience. This can be done by writing down the date and a description of the incident in a particular notebook or journal.
Seek therapy or counseling to support a case for emotional trauma
When an individual is experiencing emotional abuse, therapy or counseling can be a very helpful resource to both document the issue and help the victim. It is important for victims to note that they do not have to share the actual reason for obtaining their treatment to their abuser.
Calling a domestic violence hotline for immediate assistance
When someone is experiencing emotional abuse, if they need immediate help, they can contact a domestic violence hotline. These hotlines are often available on a 24/7 basis.
The individuals who answer these calls are trained in how to respond to these situations. These hotlines can also often connect a victim with:
- Support grounds
- Legal advisors
- Counselors
- Other advocates
- Shelters
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
Yes, an individual should consult a family lawyer for any issues involving emotional abuse. This type of abuse is very serious and often requires the assistance of an experienced attorney.
If an individual is seeking to file an emotional abuse lawsuit in order to recover for injuries caused by emotional abuse, an experienced lawyer will be able to help gather the necessary evidence to file a successful claim. They can also represent you during any court proceedings, if necessary.
If you or someone close to you is suffering from emotional abuse involving another family matter, a family law attorney will be able to help. They can help you understand your rights as well as offering advice on a course of action for your family law case.
You can use LegalMatch to find a family lawyer in your area at no cost to you in just about 15 minutes of your time. Just submit your emotional abuse issue or question on the LegalMatch website. You will get responses from pre-screened member lawyers in around 24 hours who are licensed to practice in your state and who handle your type of case.
Even if you are not interested in taking legal action at this time, a lawyer can give you advice on what kinds of records to keep and how to prepare to take action in the future. Your lawyer can also direct you to resources that can help you today.
