What Constitutes Emotional Abuse?
What is Emotional Abuse?
Emotion abuse is often not recognized by society, and even by the victims themselves. Indeed many people are not aware that it can be considered abuse at all. Most people are surprised to learn that emotional abuse, like other forms of domestic abuse, can be a legally-abusive form of domestic violence. Domestic Violence statutes apply to all levels of abuse, including those that leave no physical marks.
Domestic violence is defined as a "pattern of abusive behavior exhibited by one or both partners in an intimate relationship…" It can occur in any form, and unfortunately, it frequently does. The techniques of emotional abuse include words and behavior that are dehumanizing, degrading, and insulting. It can involve a multitude of ways to show only contempt for another human being. It can result in a cruel psychological game of threat that makes individuals feel insecure and too frightened to escape their situation.
The definition of emotional abuse under Colorado law is found in CRS 14-10-124. It is frequently used in domestic violence cases involving allegations against a parent. It states in relevant part:
(a) "abuse of a child" means the commission or allowing of any sexual offense against a child; the commission or allowing of violent or heinous acts against a child; the causing of a child to be tortured, beaten , or otherwise physically neglected; the causing of a child to be placed in a situation that poses a threat of injury to the child’s life or health; or the infliction of physical or mental injury upon a child; where such acts or omissions are not justifiable and present an imminent risk to the child’s life or health.
(d) "emotional abuse" means intentionally harming a child by causes or allowing to be inflicted upon the child choking, biting, kicking, or cursing at a child; restricting a child’s movement, access to normal bodily functions, or exposure to normal activities; name-calling or cursing, or threatening a child; placing a child in a situation which poses a threat of injury to the child’s well-being; or providing the child with or allowing the child access to a controlled substance or the use of a controlled substance in the presence of the child;
Like most things when it comes to families, there is often a fine line between what is defined as parenting and what is defined as emotional abuse. In a nutshell, emotional abuse encompasses the behaviors of one partner in a relationship toward the other that is intended to control, belittle, intimidate and instill fear. These behaviors are often used as a way by one partner to exert power over another. This is abuse, plain and simple.
If you suspect that you or a loved one is suffering from emotional abuse, domestic violence, stalking or similar offenses, it is crucial to review your options with a qualified attorney. Do not suffer alone. You do not have to endure these harms.
Colorado Emotional Abuse Laws
Emotional abuse is defined in Colorado statutory law. If a victim does not want to see a criminal charge filed against the abuser, the victim can ask law enforcement officers to issue a citation. This means the abuser would be charged with harassment and given a ticket.
The victim has 100 days from the date of ticket issuance to pursue the charge in criminal court, at which time the court "uses its discretion with regard to whether prosecution is appropriate in that case." (Response to Domestic Violence Investigation Report, 20-06-5(a), Apr. 18, 2012).
If the victim wishes to see a criminal charge filed against the abuser, Colorado law requires the issuing officer to file a criminal affidavit and apply charges in accordance with any facts described in the affidavit.
Colorado’s non-criminal laws against emotional abuse include simile injuries and damages under the Protection from Stalking Act, the Protection of Persons from Stalking Act, and cases of harassment that do not qualify as domestic violence under Colorado law because of the relationships involved.
Protective orders for cases of alleged harassment are similar to protective orders for domestic violence and are subject to similar requirements and exclusions. There are a few important distinctions, including:
In these laws, "harassment" means the following:
These definitions expressly exclude behavior by children or elderly persons that does not rise to the level of criminal harassment.
Legal Options for Victims
Legal Protections for Victims of Emotional Abuse in Colorado
While the law does not recognize "emotional abuse" as a specific cause of action that can be pursued through the courts, Colorado does provide legal protections for victims of emotional abuse through the domestic violence – or DV – statutes. While domestic violence is often associated with physical abuse, the DV laws are actually very broad. Indeed, if you are subjected to any "act of domestic violence" by a spouse, former spouse, cohabitant or even someone you don’t know, then you can file for a protection order against that person.
Under Colorado domestic violence laws, an "act of domestic violence" is defined as an act that includes, but is not limited to, any of the following: (a) an act of violence or threatened violence against another; (b) any criminal offense against another or against the property of another; (c) knowing or reckless behavior that has or can cause serious bodily injury; (d) an act of harassment; (e) an act of stalking; and/or (f) a violation of a protection order.
In order to obtain a protection order under Colorado law, you must petition a Colorado court and demonstrate that the other person has committed an act of domestic violence. Such petitions may be filed based on information contained in an affidavit outlining the acts of domestic violence suffered by the petitioner. Alternatively, petitions can be filed in person at a domestic violence or family court division for a court with jurisdiction over domestic violence matters. A clerk will assist you with your petition and the process. Once the petition is submitted, a judge or magistrate will hear your arguments and may grant you a temporary protection order, which lasts only until the scheduled hearing date on your petition, generally on the order of two weeks. However, a temporary restraining order may be made permanent after a hearing is held. Courts are required to extend and make permanent a protection order if it finds that an act of domestic violence has occurred or a credible threat to your safety exists.
Once a protection order is in place, it is enforceable by law enforcement throughout the state of Colorado. If a respondent violates the protection order, the police may arrest him or her without warrant. Once a protection order is in place, all violations must be reported to law enforcement.
Reporting Acts of Emotional Abuse
Emotional abuse is a form of abuse that is not as overt as the other forms, leaving behind invisible scars that are difficult to see and even harder to treat, yet just as damaging if left untreated.
Unlike other forms of abuse, emotional abuse is not necessarily a criminal act. Many people who experience emotional abuse may simply have to endure it as best as they can, living with an abuser. However, there are still many situations where an individual can report emotional abuse, especially if they are a minor or live their life under the emotional sway of a more dominant figure. To that end, here is a look at how individuals can report emotional abuse effectively in Colorado.
Authorities
In Colorado, there is no specific agency for emotional abuse cases. However, there are two main authorities that individuals can communicate with to try and achieve some kind of resolution.
Law Enforcement
While emotional abuse is not a crime per se, law enforcement officers do have authority to investigate and assess a situation where they perceive emotional abuse is occurring. The officer will take statements from the involved parties to determine whether emotional abuse is occurring, in addition to assessing the involved parties’ relationship to see what impact emotional abuse is having on their lives.
Social Services
In addition to law enforcement, they might also decide to use "social services" to further investigate the situation to see what other issues are at play. Social services can recommend next steps to the police officer, although officers can sometimes override their recommendations.
For example, social services might recommend some kind of counseling or family intervention, which the officer might or might not decide to pursue. If the officer decides at this point that emotional abuse cannot be resolved using social services, the officer has a few other options. They might decide to arrest the abuser, or they might be able to present the case to a state’s attorney’s office located in the same jurisdiction (this might be the "state’s attorney" in Colorado, or it might be the "district attorney" elsewhere) in order to pursue legal action against the abuser.
Documenting Emotional Abuse
When an individual suspects or witnesses emotional abuse, it’s important for them to document what they see in great detail. This information will be critical to investigators when it comes to proving emotional abuse is occurring.
Victims of emotional abuse might want to keep a diary in which they record the words used against them by their abuser, or file complaints with their human resources department if the abuser is a work supervisor, for example. In either case, these records should be as factual possible, avoiding any speculations or subjective judgments on the part of the victim about whether he or she is being abused and the extent of the abuse. This information might be discussed with a mental health care provider as well in order to more accurately depict the scenario in which the victim is involved.
Legal Ramifications for Offenders
In Colorado, perpetrators of emotional abuse face civil and criminal penalties. Prior to the 2018 change in the law, emotional abuse would often come down to the question of whether such conduct amounted to "criminal threatening." The courts (and especially, prosecution) would frequently use a multi-factor test to examine criminal threatening, consisting of:
- (1) the intent of the perpetrator;
- (2) the specificity of the threat;
- (3) the intent of the victim in the context of the threat;
- (4) whether the victim has acknowledged fear;
- (5) whether the victim has taken the threat seriously;
- (6) the motivation of the victim and perpetrator;
- (7) the presence of previous relationship between the perpetrator and victim;
- (8) any absence of overt action by the person making the threat; and
- (9) any positive or affirmative action taken by the perpetrator that placed the victim at risk .
However, because of this requirement and the inherent difficulties in proving criminal threats in cases where threats weren’t as easy to grasp, many perpetrators would get away without punishment.
Now, with the 2018 enactments, there is an easier avenue to punish those guilty of emotional abuse. Emotional abuse now tends to cause more punishment, on both the criminal and civil fronts. Under C.R.S. ยง 13-14-101(9), the courts are now able to take into account past instances of emotional abuse in evaluating whether the conduct amounts to domestic abuse. Now, any conduct that would cause physical harm or physical injury to the protected person through any act, omission, or the use of coercion, will constitute domestic abuse. Such conduct includes, but is not limited to, forcing, causing, or encouraging the protected person to:
While a perpetrator can still be punished under other provisions of the law such as criminal threatening, violation of a protection order, or stalking, the punishments for emotional abuse are now far broader and more accessible than they have ever been.
Resources for Survivors
The Colorado Coalition Against Domestic Violence (CCADV) offers a network of services including legal advocacy, emergency shelter, counseling and direct financial assistance to individuals and families in need. CCADV also conducts trainings, policy advocacy, and resource management for victims of emotional abuse. The Crisis Center in Highlands Ranch assists victims with legal advocacy and referral, hospitals, housing, police reports, therapy and mental health, as well as legal assistance. The Denver Domestic Violence Coordinated Family Response (DFR) is a group of coordinated professionals and community members working toward the goal of ending domestic violence in the Denver area. They have an information line that can help connect victims of emotional abuse with resources and legal counsel. The National Domestic Violence Hotline is available 24/7 for always-confidential support and assistance for victims across the country. Operators answer calls at (800) 799-7233 or through a confidential live chat online at The Hotline website. The National Center for Victims of Crime conducts educational and outreach programs, a national resource center and a helpline to inform and educate victims and professionals on emotional abuse and other issues. The U.S. Department of Health and Human Services operates the Administration for Children and Families, which provides public services to assist children, families and adolescents who are victims of emotional abuse. WebMD has a useful page of advice for those who have been abused emotionally or mentally and how to identify emotional abuse and how to get help. U.S. News offers several articles focusing on these options for treatment:
Trends and Changes to the Law
In recent years, Colorado has witnessed a growing societal recognition of emotional abuse as a form of domestic violence. While Colorado law historically focused on physical aspects of abuse, influential advocacy groups and high-profile domestic abuse cases have brought attention to the psychological elements involved. Legislative bodies have responded with increased funding for resources that assist victims of emotional abuse. For example, in 2018, the Colorado General Assembly passed the "Pathways to Success" resolution to create a program supporting mental health, counseling, and career support services for families facing domestic abuse.
Key court rulings have also shaped the legal landscape regarding emotional abuse in Colorado. In 2019, a Colorado Appeals Court decision expanded the scope of domestic violence protection in D.R.F . v. S.C.R. (2019 WL 2223097), recognizing non-physical forms of harassment under the existing Colorado statute on civil protection orders. In this case, the court found that a series of derogatory text messages sent by one household member to another met the definition of harassment. The ruling signaled a broader interpretation of what types of behavior could be considered domestic violence, signaling to lawmakers that revisions to the existing laws might be warranted.
While the legal system in Colorado is still catching up to address the complexities and nuances of emotional abuse, these recent trends and developments demonstrate an increasing willingness to do so. This changing landscape should be closely monitored by advocates, legal professionals, and even regular citizens who may be touched by such issues at any point in their lives.