The law recognizes emotional distress as a state of mental suffering that occurs as a result of an experience that is caused by the negligence or intentional acts of another individual, generally of a physical nature.
Emotional distress may be exhibited by an individual having feelings of:
- Humiliation;
- Shame;
- Insomnia;
- Depression;
- Self-destructive thoughts;
- Anxiety;
- Stress; or
- Another emotional response that results from a traumatic event.
Psychological abuse typically involves a cyclical and repeated pattern in which one individual uses intimidation, threats, or abusive language or behavior against another individual. An individual typically engages in this type of behavior in order to place themselves in a position of superiority or dominance over the other individual.
Emotional abuse may be accompanied by:
- Physical violence;
- Threats of violence; or
- Sexual assault.
In general, a cycle of abuse usually exists over a long period of time and results in emotional damage or a psychological imbalance in the victim. It is important to note that there are domestic violence laws that make reporting emotional abuse mandatory in certain situations.
In the context of family law, psychological abuse refers to situations where one individual consistently exposes another individual to intimidating or threatening language or behavior. In many cases, psychological abuse is engaged in by one spouse to another or from one parent to a child.
Psychological abuse may be referred to as mental abuse or emotional abuse. Psychological abuse is closely related to physical abuse.
Psychological abuse does not lead to domestic violence in every case. However, many domestic violence cases involve some type of psychological and emotional abuse.
The threat of facing physical violence, in many domestic violence cases, is a type of psychological abuse in itself.
What Are Some Forms of Psychological Abuse?
There are different forms of psychological abuse, including mental abuse and emotional abuse cases. Psychological abuse is often present in case that involve child abuse or spousal abuse.
The psychological abuse may involve such aspects as:
- Using a tone of voice that is very harsh or extremely loud, such as yelling or screaming;
- Telling the victim misinformation and lies;
- Forcing the victim to witness or perform demeaning actions;
- Depriving the person of various needs; or
- Manipulating the victim’s thoughts and emotions.
Because of these issues, when a court analyzes a psychological abuse case, it considers the entirety of the circumstances of the situation in order to determine the extent of the abuse. It may be necessary to have an expert witness testify to assist in the analysis.
Are There Any Legal Consequences for Psychological Abuse?
Under family law, psychological abuse may lead to various types of legal issues and consequences. In some cases, psychological abuse may result in:
- A restraining order against the abuser;
- A damages award to compensate the victim for losses; or
- Criminal charges may result in certain cases, especially those involving physical domestic violence.
In addition, psychological abuse may affect other issues, for example, child custody and visitation rights. In a divorce case, for example, a parent may lose their rights to custody if the court finds that they have been psychologically abusive to the child.
How Do I Prove Psychological Abuse?
There are numerous cases of mental abuse that go unreported every year. This often occurs because the individual is either not aware they are being abused or they are too fearful to file a report.
There are, however, laws in place to protect and compensate individuals who have suffered injury or loss as a result of mental abuse. This may involve cases such as:
In general, it is easier for an individual to prevail in a mental abuse lawsuit if they are able to prove that they experienced a manifestation of physical symptoms that were associated with the abuse, for example, heart problems caused by the stress of being abused. In addition, an individual should be able to show that they experienced a financial loss associated with the abuse.
It is important for an individual to create a written account of the incidents of abuse in addition to gathering any information, evidence, or testimony that is associated with the claim. In cases that involve a specific offense, an individual should consult with an experienced criminal law attorney in their area who can assist with reporting emotional abuse or protection for their client or the client’s loved ones.
The most common examples of psychological abuse offenses include, but may not be limited to:
- Domestic violence;
- Stalking;
- Child abuse;
- Elder abuse; or
- Nursing home violations.
Because cases that involve emotional distress are complex because of the nature of being required to prove an injury that cannot be physically seen, a case involving emotional distress damages must be backed by solid documentation that will prove to the court that the individual has suffered actual damages.
This may mean having a therapist, doctor, or psychologist diagnosing the individual with:
- Depression;
- Post traumatic stress disorder (PTSD); or
- Various other mental health conditions generally associated with trauma.
The use of expert witnesses is typically necessary to help prove that the individual suffered an actual injury as well as the amount of damages that resulted from that injury. Due to the necessity of using expert witnesses in these types of cases, suing for emotional distress may be considerably expensive.
In addition to the many pieces of evidence that an individual must have in order to prove damages, they must also be able to prove other elements of an emotional distress claim. This means that the individual is required to prove that the incident that caused the emotional distress was due to the intentional or reckless acts of an individual who acted with extreme or outrageous conduct and that conduct resulted in the individual’s suffering of severe emotional distress.
In terms of what would constitute outrageous conduct, the conduct must be more than:
- Mere insults;
- Threats;
- Annoyances; or
- Petty oppressions.
For example, if an individual shouts at another individual that they hope they die, it would likely not result in a valid claim of emotional distress. If, however, an individual falsely informed another individual that their child or other close family member had been killed, it may constitute outrageous conduct.
It may be difficult to obtain a restraining order for mental abuse. Typically, state laws do now cover abuse unless it includes:
- Stalking;
- Threats;
- Physical abuse; or
- Sexual abuse.
If an individual has a valid claim for severe emotional distress, a personal injury attorney may take their case on a contingency fee basis, which will prevent them from paying high case fees themselves.
Do I Need a Lawyer?
Psychological abuse is a very serious issue that often plays a role in many types of family law cases. If you believe you have been a victim of psychological abuse, it is important to consult with a family lawyer.
Your attorney can advise you of the laws and possible consequences as well as provide you with legal representation during the claim process. It is important to have a professional available in these types of cases to provide unbiased advice and ensure your rights are protected.
