What is Mental Abuse?
Defining mental abuse is not an easy task. The word abuse means the improper or excessive use of something or treating someone with cruelty or violence, but to call an action abuse it is necessary that the action be improper or excessive. And so we begin the difficulty in defining mental abuse. There are those who might say that since all mental abuse is wrong, all mental abuse is improper. The law does not find this to be the case. The most serious forms of intentional mental abuse include acts such as severe battering or torture, but a wide variety of actions ranging from excessive criticism to name-calling, yelling and screaming can also rise to the level of abuse. The important distinction that separates mere meanness from mental abuse is the intent of the abuser. The abuser must intend to harm or frighten or intimidate or blame, or otherwise assault with words, the target of the attack. The 1993 Illinois Domestic Violence Act defines "abuse" to include "physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation of the victim by any adult person of the adult persons right to enter or remain in the adult persons residence or to access emergency services, if the adult person has no other safe readily available form of protection . " Unlike physical abuse which can be proved through presentation of objective evidence such as photographs or medical records, presentation of evidence to prove the occurrence of mental abuse must rely on subjective evidence in the form of the testimony of the person claiming to have been harmed and other witnesses who can testify as to the actions which occurred. Another distinction between physical and mental abuse is that in the case of mental abuse, the victim may have a difficult time understanding how she has been harmed, or why the conduct of the abuser is abusive. Excessive criticism is a common form of mental abuse meant to attack and bring down the target’s self-esteem. The victim is made to constantly feel that there is something wrong with him, that what he is doing is not good enough, and that he is not behaving properly. Being put down is a tactic used by abusers to control their victims and to create dependency on the abuser for permission to act or react. The goal of the abuser is to make the victim unsure of his or her own thoughts and feelings and make him or her unsure of their reality. Some examples of strange behavior used by abusers to convince the target that they are crazy is denial of that which has occurred; projection of their own negative traits onto the victim; blame for parent’s faults, cruel jokes and putting the victim down; telling the victim that he or she is lucky to have the abuser; blame for lost relationships; and being coldly indifferent to the target’s feelings. The face of mental abuse is ugly.
Mental Abuse Law
Laws and Regulations Recognizing Mental Abuse in Court
The legal framework for addressing mental abuse varies by jurisdiction, but the overarching principle is that mental abuse is not recognized as a standalone offense in the same way that physical abuse is. Instead, it is typically addressed under broader legal concepts such as harassment, emotional distress, or psychological injury.
In some jurisdictions, courts have found that mental abuse can be actionable under theories of intentional infliction of emotional distress or negligence. These theories require that the alleged abuser’s conduct be extreme and outrageous, and that it cause substantial emotional distress to the victim. A court may also consider whether the conduct constitutes inordinate pressure that leads a third party to engage in unreasonable decisions or actions that affect the victim.
Some jurisdictions, particularly those focused on family law, have specific laws regarding mental abuse within the context of divorce, child custody disputes, or domestic violence cases. For example, several states have implemented laws that allow a court to consider the mental abuse of a child in issuing an order of custody or parenting time.
Legal precedents addressing mental abuse in family law contexts often hinge on what constitutes the best interests of the child. Courts may determine that mental abuse has occurred when a parent’s actions have a notable impact on a child’s psychological well-being, potentially impacting a custodial determination. However, the impact of parental mental abuse on the child requires sufficient expert testimony.
Even where explicit laws on mental abuse are lacking, courts have sometimes found that mental abuse constitutes a breach of implied duties in marital relationships, leading to certain legal outcomes. For instance, courts may find underlying elements of mental abuse—such as undue influence or coercion—in incidences of spousal loss of consortium or domestic violence. Such liability may also arise from the application of unconscionable contract principles to cases where one spouse dominates the relationship.
Although mental abuse is often agnostic as to the existence of any physical injuries, courts have also sometimes found liability for mental abuse based on evidence of "synergistic" injuries that stem from a base act with complementary injuries. Using this principle, courts have held that a history of mental abuse and psychological trauma can form the basis for seeking compensatory or even punitive damages.
In the absence of specific statutes, some courts have addressed mental abuse through existing legal constructs. For instance, courts may use a negligence standard to determine whether mental abuse amounts to a breach of duty or tort liability. Courts may also rely on doctrines such as negligent supervision, allowing parents to be liable for the harm that comes to their children as a result of relationships with other parties.
Mental abuse may also give rise to civilly actionable conduct under anti-bullying laws or statutes designed to protect vulnerable populations. States with such anti-bullying laws include:
Many states also provide for remedies to counteract the effects of bullying in schools, including counseling, explanation of rights, and parent notifications. In some cases, courts may do a good job protecting bullied parties, by granting them a permanent restraining order preventing harassing behavior or bullying in the future.
Apart from these avenues, even in the face of physical violence, some courts have denied non-physical injuries separately, except in cases of malicious intent. For example, courts have ruled that plaintiffs cannot recover separately for mental cruelty, but are limited to recovery for damage from the trespass to the person, which is slight.
Though from an anecdotal standpoint, mental abuse is often found prevalent in the context of long-term relationships such as marriage and domestic partnerships, the answer remains unclear whether it is shareable with a harmful invasion of interests. Courts have also concluded that mental abuse may arise from a wrongful invasion of character, though multiple states have abandoned the respective cause of action. In the end, unless specific laws such as those mentioned above apply, courts have consistently taken a narrow approach to mental abuse.
Proving Mental Abuse
Like physical abuse, the evidence of mental abuse must be collected systematically. Evidence of mental abuse comes in different forms and can include medical records, eyewitness accounts, psychological evaluations and personal testimony. The burden of proof is on the spouse claiming that they have been mentally abused. In most states, you will have a right to conduct extensive discovery as part of your divorce case. You will be able to question the other spouse under oath, obtain copies of documents in their possession, and obtain access to your spouse’s psychological evaluation by a qualified psychologist. The best evidence for a claim of mental abuse are emails and text messages between the parties. These evidences can show a pattern of abusive behavior and can be devastatingly damaging to your spouse’s credibility. A seasoned divorce lawyer will know the type of evidence to present to the court that will prove your spouse is mentally abusing you.
Delivering a Case in Court
When it comes to family law cases, the burden of proof – the phase of a case where you have to prove your claim – is on you. Here’s how the process works, and how you can make it more effective: During the "discovery" phase of a divorce, you’ve probably exchanged any documents or other relevant information about your spouse that would help to support your case. This includes things like financial records and emails. Your attorney will use this information when he or she quizzes the spouse on the witness stand when you go to trial. If you’ve witnessed domestic violence or abuse, for instance, you’ve probably taken steps to document this type of behavior. Perhaps you’ve saved old emails and text messages, and now have photos of your spouse’s violent outburst. Talk to your attorney about the evidence you’ve collected, and provide a description of each evidence item you’re providing. Psychological abuse is much harder to prove or demonstrate in a court of law, especially if the incidents did not leave physical scars or marks. If you have documented evidence of psychological abuse from a third party, like a police report, a mental health professional’s account, or journal notes, you’ll need to present these in a convincing manner to show the severity of the abuse. Once you go to court, your attorney will present any expert witnesses you’ve brought, such as a mental health professional, who will testify on your behalf. This will be your most convincing evidence in support of your case and should include any information you or another witness have compiled about physical and behavioral hurts, which your expert will discuss with a judge or jury to prove your case. The more organized you can make the evidence a judge will see, the better and stronger your case will look. Put yourself in the mind of the judge; if you were to walk into the courtroom and see a mountain of unorganized documents scattered across a table, or no documents at all, but an oral argument only, which one are you going to believe more? Judges are humans too, after all. Present the proof you have in a clean, organized fashion that makes it easy for a judge and jury to understand, then provide them with a reason and necessity for believing your proof.
Overcoming Obstacles in Proving Mental Abuse
One of the most significant issues that victims of mental abuse face when attempting to prove their claims in court is the absence of tangible, physical evidence. Unlike physical abuse, which can leave behind visible marks, mental abuse is often invisible. A lack of documentation or corroborating evidence can make it difficult to build a compelling case. While some courts may put more emphasis on character witnesses and other forms of verbal testimony, others may not consider that kind of evidence strong enough to outweigh the defendant’s counter-testimony. In addition to a lack of physical evidence, it isn’t uncommon for there to be disputes over credibility. The extent to which mental abuse is taken seriously, and how much weight is placed on the victim’s testimony, varies from judge to judge. Again, some may discount the victim’s testimony when the defendant denies the accusations, while others may disregard the defendant’s claims when the victim is particularly believable . This is a serious issue particularly because of one simple fact: mental abuse is, by definition, manipulation and mind games. While it’s true that there are false allegations of physical abuse—and that many falsely accused people feel the system is rigged against them—for whatever reason it’s often the former that enjoys more credence in a courtroom. There are also some issues with regard to public opinion and perception that may lead to some disbelief in the courtroom. Messy divorces, for example, have been known to land in courtrooms as he-said-she-said situations. The courts may therefore be less likely to believe that a woman was subjected to mental abuse than a man, simply because the conventional wisdom is that women are victims of physical oppression and mental shaming. This isn’t always the case, though, and there are certainly those in the system who are willing to hear the facts and not make flawed assumptions based on them. Ultimately, a man being a mental abuse victim may have an easier time proving their case than a woman or vice versa.
Therapists and Mental Health Professionals
When mental abuse is alleged in a divorce context, a therapist and/or psychiatrist may get involved to assess the mental health of one or both parties. This can be particularly important in determining custody.
A mental health professional may be asked to conduct an evaluation in which they will analyze one or both of the parties and perhaps even the children. They might administer psychological tests, conduct interviews or review medical records, among other things. In some cases they will need to meet with all four parties to conduct their analysis. Once the analysis is complete, they will then produce a report describing their conclusions.
As with any type of expert that a party may involve in their case, the court will decide whether or not the report will be admissible in court and what weight, if any, will be given to the report. Since mental health professionals are highly trained in their field and licensed by the State, the court will generally give great weight to their findings when presenting evidence surrounding mental abuse in the context of a divorce.
This means that if a mental health professional concludes that one of the parties is suffering from depression or anxiety, for example, that may very well affect the outcome of the case as it pertains to assets and custody.
Legal Resources and Help
Seeking legal aid is crucial in cases of mental abuse, and many resources exist to support victims through this process. Court proceedings are often complicated and require patience and understanding. Experienced legal counsel can help streamline the processes and provide necessary guidance.
Support groups and organizations exist to support those affected by mental abuse. The National Domestic Violence Hotline offers resources for the abused, including access to a lawyer. The National Coalition Against Domestic Violence connects individuals with local resources , like shelters, centers, and support groups. The National Center on Domestic and Sexual Violence provides information on legal rights and issues. The National Child Traumatic Stress Network provides resources for victims of a violent relationship or children who experienced violence in the home. Additionally, the Centers for Disease Control and Prevention offers resources specifically for youth who experienced bullying.
Legal aid organizations also offer free or reduced-rate services for low-income people dealing with domestic violence and/or sexual violence.