Is Emotional Abuse a Form of Domestic Violence?

Categories: Colorado Domestic Violence Defense

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Colorado Springs, Colorado Domestic Violence and Abuse Defense Attorney

Most think of domestic violence as a physical act of violence against someone. However, domestic abuse comes in many forms. A person could be arrested for domestic violence and charged with the criminal act if he or she commits certain types of abuse.

Domestic abuse can happen to anyone, but one type that is commonly overlooked is psychological abuse. Emotional abuse may be paired with physical violence – or no physical abuse at all – but it is just as damaging. Spouses and partners can suffer from catastrophic emotional abuse that reduces their feelings of self-worth and independence.

What is Emotional Abuse?

Emotional abuse comes in many forms but might include yelling, blaming, isolating, shaming, intimidating, and controlling a spouse’s actions or behaviors. It could include threats of physical violence – causing the individual to fear for his or her safety or life. Emotional abuse can cause long-term effects that require years of therapy to overcome.

Is Emotional Abuse Considered Domestic Violence?

Yes, a spouse could be arrested for emotional abuse. Individual acts of emotional abuse are considered domestic abuse or violence, especially when they involve threats of physical violence and harm. While the accused might be surprised at being arrested, or assume that he or she has not committed a domestic violence offense, it is important to understand what the state classifies as an abusive act.

Unfortunately, this means that a spouse could falsely accuse someone of emotional abuse; this is a common occurrence in divorce cases, child custody cases, and when one spouse wants to hurt another.

The statute considers domestic violence to be any act of violence or the threat of violence committed against a family member, friend, or spouse. The intention of causing fear to exercise control, intimidate, punish, or coerce a victim is also grounds for domestic violence – all of which do not require any form of physical violence against the victim.

Mandatory Arrests

Even if you are falsely accused of domestic abuse, the state has a mandatory arrest law. Therefore, officers will arrive on the scene and, if they have probable cause, they can arrest you – in fact, they are required to do so. Mandatory detention laws were put in place to protect the victim. But, when a person is falsely accused, it can be devastating.

Defend Yourself Against False Accusations of Domestic Violence

Domestic abuse is a severe crime that often relies solely on a victim’s testimony against you. By hiring a skilled criminal defense attorney, you can mount a defense against false allegations of domestic abuse – regardless of whether it is emotional or physical.

To explore your options, contact a domestic violence defense lawyer who has years of experience on both the defense and prosecution’s side. Schedule a no-obligation consultation with Christian A. Schwaner, P.C. today by calling 719-577-9700. You can also request more information online.