Emotional abuse is a prevalent issue in the state of California and tends to persist in many circumstances, including dating relationships, marriages, friendships, etc. Here’s everything you need to know about emotional abuse laws in California.
What is Emotional Abuse?
Emotional abuse can occur in several forms. These forms include:
- Verbal abuse: Yelling, swearing, insults, etc.
- Ex: A partner yells curse words at you when a disagreement occurs.
- Rejection: Constantly having a partner reject your thoughts, ideas, emotions, and opinions.
- Ex: A partner voices a thought and the other partner deems it as useless or irrational on a consistent basis.
- Gaslighting: Making someone doubt their thoughts, perspectives, ideas, and even sanity with the goal of manipulating the truth.
- Ex: A partner complains about their partner cheating and the cheating partner makes it seem as if it’s the other partners fault.
- Causing Fear: Making a partner feel afraid, threatened, or intimidated.
- Ex: A partner make threats consistently
Is Emotional Abuse Considered Domestic Abuse?
Domestic violence does not have to only be physical; it can also be emotional. Abuse can take a variety of forms and abusers use a multiplicity of tactics to have power and control over the person being abused. Speaking with a domestic violence counselor to obtain legal protection can provide a sense of safety to victims of emotional domestic abuse.
Related: Domestic Violence Laws in California
Can you sue someone for emotional abuse in California?
An individual can seek financial compensation for emotional distress through a lawsuit in California. When people experience emotional pain or distress due to an abuser, they have the ability to seek “damages” in the form of money to punish the abuser and compensate the victim for trauma or other forms of psychological distress. Emotional abuse can be intentional, unintentional, and impact bystanders.
Intentional Infliction of Emotional Distress in California
An intentional infliction of emotional distress “IIED” is a claim in California that does not require evidence of physical injury and is brought against a defendant when they intentionally cause emotional distress to the plaintiff. In order to bring a successful “IIED” case against an abuser:
- The defendant purposefully acted in an emotionally abusive manner AND
- The plaintiff was victim to humiliation, shame, grief, trauma, disappointment, or worry, to a degree no reasonable person should be expected to endure.
Examples of IIED include, but are not limited to
- threats towards a person or their family
- causing a person to think they will be physically harmed or killed
- threatening to ruin the family’s financial and emotional health.
Common cases of IIED include:
- Sexual assault or abuse
- Excessive use of force
- Retaliation against a whistleblower
- DUI resulting in death or injury
- Assault and Battery causing great bodily injury
Negligent Infliction of Emotional Distress in California
To bring a Negligent Infliction of emotional distress case against a defendant, the plaintiff must prove: (1) that the defendant was negligent; (2) the plaintiff was victim to emotional distress; (3) the defendant’s behavior was a considerable factor in causing the emotional distress.
California’s statute of limitations allows two years from the date of the traumatic event to file a claim of negligent infliction of emotional distress.
Bystander IIED and NIED Claims
To bring a bystander claim against a defendant, the plaintiff must prove: (1) the plaintiff witnessed the emotional abuse; (2) the injury to the victim and plaintiff was caused by the defendant’s behavior; (3) the plaintiff suffered emotional distress as a result. Examples of this would include a son witnessing emotional abuse conducted by his father towards his mother.
Related: Domestic Violence Restraining Orders in California
Filing an Emotional Distress Case
An emotional distress case would be filed with an individual’s local court. A civil case hearing would occur at the court’s assigned date.
Emotional distress cases are unique in the sense that they require expert witness testimony. In order to assess for psychological or emotional damages, expert opinions are required. In emotional distress cases, doctors, therapists, psychiatrists, and other expert testimonies may be necessary in order to prove emotional distress. Personal injury attorneys may also be useful in an emotional distress case alongside mental health professionals.
Related: Domestic Violence Lawsuit in California
FAQs
How severe does the emotional distress have to be in order to file an IIED case?
In order to sue for intentional infliction of emotional distress, the trauma does not have to be extremely severe. A successful claim proves the defendant intentionally caused emotional and psychological distress.
Can I file a restraining order against an emotionally abusive partner?
Yes, and it may be in your best interest to do so. Domestic abusers can oftentimes be dangerous to both physical and mental health, so maximizing safety through legal recourse can protect an individual from further domestic violence.
Contact Her Lawyer
If you or a loved one would like to know more about emotional abuse laws in California, get your free consultation with one of our California Domestic Violence Attorneys today!