Have you ever felt some tightness in your stomach when dealing with a person? Perhaps a spouse or a friend told you something very personal or irritating that you no longer wanted anything to do with them.
Well, such a feeling when provoked to extreme anger, fear or confusion is a sign of emotional abuse. This is when you may feel like nothing the person (abuser) does will ever be right again.
The abuser may be anyone, your spouse, your neighbor, friend, classmate, colleague, and so on.
For Instance: if you are in California and If you are not treated on the same level by your spouse, it is better to apply divorce through a divorce lawyer in Orange County. You can achieve your peace of mind with their help. Both Physical and Mental health matters.
In short, emotional abuse is the non-physical behavior that undermines or downgrades another.
Another person’s behavior makes you continually feel bad about yourself. In this case, you cannot be your normal self due to someone else’s hostile act.
Emotional abuse is more common now than ever before. Research indicates that 50 to 80% of adults may undergo this form of ill-treatment in their lifetime. And, it’s not only limited to lifetime partners or spouses.
Such maltreatment can be committed by a family member, friends, work colleagues, or anyone else. The abuse can make you feel violated, ashamed, guilty, and silenced.
The worst part is that; without speaking up, it can be more challenging for another person to identify that you’re suffering. This is because one can hardly see its effects. It’s different from physical abuse, where people easily spot cuts, bruises, or scars.
What Happens When You’re Accused of Emotional Abuse?
Emotional abuse is categorized as a form of domestic violence. Almost anyone can fall victim to this form of domestic assault. The same dispute can land you in jail, no matter how minor it may seem. Different states apply different laws. One instance is where; it’s against the law to hit your spouse, boyfriend, girlfriend, or cohabiting partner amidst a lovers’ quarrel.
It doesn’t matter whatever you throw. Whether something lighter or heavier, in strict laws like the California law, such a probable cause is enough to impose a domestic violence arrest.
In such a case, if the prosecutor rules out that you intended to use the object you threw as a weapon, you will likely face a felony charge.
So, anytime you fall victim to such offenses, certified domestic violence lawyers in Los Angeles state that you should seek the help of a legal representative immediately. The professional will use the laws applicable in your area to intervene in your case.
The legal expert will assist you with reporting the emotional abuse case. They’ll also apply the laws to protect you or your loved ones. If it’s a child abuse case, the child molestation defense lawyer will fight on your behalf to ensure you’re secure.
Remember that; even a minor misdemeanor judgment could lead to a fine or possibly a jail sentence. Your significant other might act such that you’re issued a restraining order. This means you may even be forced to find somewhere else to reside.
It helps to know that any form of domestic violence charge can significantly impact your life. Such effects may include child custody arrangements, jobs, income stability, or more.
Emotional Abuse: Is it Recognized as a Legal Cause of Action?
The law recognizes emotional abuse as a legitimate cause of action. Initially, lawgivers could not immediately recognize emotional and psychological abuses. But, times have changed.
Today, emotional mistreatment is considered a significant element in family law cases. It’s reviewed keenly in child abuse or elderly abuse matters. The majority of the states have criminalized emotional assault under domestic abuse laws.
It is considered illegal in most states under particular domestic violence laws. In this regard, the majority of domestic violence laws make it mandatory to report emotional abuse.
Thus, the victims of domestic violence are often asked to report the assault against them or another person to the legal authorities.
The law does not set any standard for emotional abuse definition. But, such cases are often recognized as containing any of these elements:
- Verbal threats
- Yelling and shouting at you
- Constant rejection of one’s ideas, thoughts, and opinions
- Forcing a person to view disturbing images or execute inappropriate behavior.
- Manipulating the truth- By making you doubt yourself or your thoughts and feelings, or even your sanity, plus other forms of gaslighting
- Other tactics make a person feel threatened, inferior, and degraded.
The common settings where emotional mistreatment tends to occur may include:
- Child abuse
- Spousal abuse
- Elderly abuse
- Nursing homes molestations
How Can You Prove Emotional Abuse in Court?
Intentionally inflicting emotional distress on another is considered an intentional tort. It is based on your conduct that caused another person’s extreme emotional trauma.
In most states, you can’t recover damages for intentional infliction of emotional distress. Not unless you also show some physical symptoms.
So, to claim and prove the assault and prevail on the intentional infliction of emotional distress, you must show that:
- The defendant’s action was deliberate or reckless toward you
- The defendant’s behavior was extreme and outrageous, meaning it was beyond a harmful or offensive conduct
- The defendant’s act was the primary cause of the injury
- You suffered measurable and severe emotional distress.
That’s why it helps to let an experienced domestic abuse lawyer act on your behalf by defending your case. In most cases, the legal experts will also use evidence like medical issues or time missed from a job as a significant factor in successfully claiming the intentional infliction of your emotional distress.
That’s why filing a lawsuit that involves emotional abuse; your attorney will keep track of any treatments you received. They’ll also follow up on the drugs prescribed to help you cope with mental depression or anxiety.
Imagine living a life where you no longer win the trust and respect of your family, friends, or colleagues. Indeed, it can be traumatizing.
An emotional abuse (domestic violence) accusation can damage your life and reputation. People might use the instance as a reflection of your bad character. It can also cost you fines and jail sentences.
A domestic violence charge can ultimately impact your job opportunities, child custody arrangements, and other essential parts of your life.
So, if you’re charged with any emotional violence-related crime, it’s imperative to seek immediate and high-quality legal intervention. An experienced domestic abuse lawyer should be able to fight on your behalf and secure your life.