It's a basic human need to feel space, especially in your home and other regular or familiar spaces. That's why domestic violence is a serious crime in New Jersey, ranging from disorderly persons to indictable offenses, depending on their severity.
Many people mostly report physical abuse when they hear the words “domestic violence.” However, that's not the only kind recognized under New Jersey law. Emotional abuse can get you into trouble as well.
Have you been accused of emotional abuse? It's a serious accusation with equally serious consequences, so you need a lawyer who can handle it with the gravity it deserves. Call the Lento Law Firm today at 888.535.3686 or fill out this contact form.
What is Emotional Abuse?
Everyone has a bad day from time to time. The occasional emotional outburst, quarrel, or mistake would not necessarily constitute abuse. Instead, abuse is usually discernible as a history of specific actions. That is, it must be recognizable and consistent over time.
In fact, the New Jersey legislature has defined emotional abuse as any pattern of behavior causing “significant mental suffering or distress” in another person. A number of actions can lead to such a state of mind, including the following.
Humiliation
Though frequently used as a synonym for embarrassing, humiliation is more potent, implying patterns of neglect, ostracization, exclusion, criticism, bullying, gaslighting, or sexual assault and any long-term effects associated with them.
It's especially harmful when public, but even when suffered in private, humiliation damages a person's self-esteem and ability to trust others or perform daily tasks.
Insults
Referring to any words or actions that are disrespectful, insults are often a tool for humiliation, but they can also be harmful in other ways. For example, a person who continuously insults someone else may cause the victim to struggle with self-doubt and depression.
Insults are also effective tools for manipulation and control if used to make a victim feel so worthless or useless as to require a codependent or submissive relationship.
Threats
Everyone values certain people and things, so threatening to hurt, damage, destroy, steal, or get rid of them is a common method for harming or exerting control over someone else. It's particularly serious when the victim has reason to believe that the person threatening them has the resources and capacity to act.
Threats are regarded as emotional abuse because they provoke fear, paranoia, and even anger in the victim, which may easily spill into their daily activities.
Intimidation
While threats are a form of intimidation, it describes other actions as well. For example, physical coercion may be intimidating; all a person has to do is restrain someone to show that they're capable of controlling or harming them. It can also refer to harassment designed to make a victim feel like they have no chance of resisting the abuser's demands.
Either way, intimidation is effective for scaring victims into compliance or submission, which in turn fosters emotional distress.
Stalking or Constant “Check-Ins”
New Jersey updated its stalking laws in 2023, broadening the definition to protect more victims. One way to be accused of stalking is to have a pattern of knowingly making unwanted contact with another person. This even includes monitoring or “checking in” through excessive phone calls, emails, texts, visits, or even surveillance.
Even minor cases of stalking and monitoring can annoy the target. When they involve threats, insults, and intimidation, they're even more distressing, forcing a victim to live in fear for themselves and the people or objects they love.
Neglect
Characterized by failing to meet the needs of a person in one's care, neglect can be a powerful form of emotional abuse. When a victim is deprived of food, shelter, clothing, or positive human interaction, they can suffer from severe depression and other mental disorders. It's most common between parents and children, as well as caretakers and elderly or disabled family members.
Isolation
Those who want total control over another person may use manipulation, insults, intimidation, threats, or other methods to damage or sever their victim's relationships with friends and family. Known as isolation, the actions taken to cause it are emotionally abusive in and of themselves, but they also leave the victim completely vulnerable to and codependent with their abuser.
Sometimes, isolation is more overt and forced, as with kidnapping and unlawful confinement. In addition to being illegal, these actions tend to cause deep emotional trauma to victims.
Sexual Assault
Although sexual assault is often a physically violent act, it's also emotionally violent. Even when there is no physical harm beyond unwanted sexual contact, sexual assault frequently causes a victim to feel degraded, humiliated, or dehumanized. Victims often develop post-traumatic stress disorder, anxiety, depression, paranoia, and other mental disorders as a result. This makes it a form of emotional abuse in addition to other kinds of abuse.
Why is Emotional Abuse Considered Domestic Violence?
Domestic violence covers anything physical, verbal, sexual, and psychological that compromises a person's safety, well-being, or sense of security.
Emotional abuse can lead a victim to feel powerless, worthless, or afraid for their life and health, affecting their day-to-day activities and overall development as a person. In other words, it's a form of violence against a person's psychological state.
Additionally, emotional abuse and domestic violence both tend to have the same goal—asserting control or power over the victim. With so much overlap between the aims, methods, and results of these crimes, they're easy to address together under New Jersey law.
Furthermore, emotional abuse is most common and severe coming from a partner or family member, another criterion placing it firmly in the category of domestic violence.
How Common is Emotional Abuse in New Jersey?
While there are few statistics specifically for emotional abuse in New Jersey, there is data on domestic violence in general. For example, New Jersey police received over 63,000 reports of domestic violence in the year 2020 alone.
One in three adolescents becomes a victim of emotional, physical, or sexual abuse at the hands of a partner, and roughly half attempt suicide as a result. In the year 2022, over 3,000 children in New Jersey were confirmed to have suffered from neglect and maltreatment.
Also, about 30% of men and women in the state suffer various forms of domestic violence, including stalking and sexual assault, commonly associated with emotional abuse. Women are especially likely to experience emotional abuse like isolation and property damage.
Penalties for Emotional Abuse in New Jersey
As a form of domestic abuse, all emotional abuse charges are serious, but penalties may vary widely depending on whether they fall under the category of disorderly persons or indictable offenses. Here's what you could expect for each type of charge.
Disorderly Persons Offense
Regarded on the same level as a misdemeanor in other states, disorderly persons offenses are the least severe charges. It may describe such crimes as intimidation by harassment or making threats. Usually, offenses like these carry the following penalties:
- Restraining or no-contact orders
- Up to $1,000 in fines
- Up to six months in jail
- Probation
- Community service
- Suspension of driver's license
- Anger management classes
Indictable Offense
Stalking, neglect, kidnapping, sexual assault, and more severe forms of threats or intimidation are common examples of emotional abuse that are typically charged as indictable offenses. They could lead to the following penalties:
- Restraining or no-contact orders
- Fines ranging from $10,000 to $200,000
- Anywhere from 18 months to 20 years in prison
Even charges that might normally be considered one type of offense or the other could be elevated or reduced depending on the presence (or lack thereof) of any of these factors, all of which can be emotionally traumatizing:
- Previous domestic violence and other criminal history
- Occurrences of physical or sexual assault
- Use of a deadly weapon
- Amount and severity of physical injuries
- Whether the victim was pregnant at the time of the offense
- The presence of a child at the time of the offense
- Triggering internal or external circumstances
- History of treatment, counseling, or self-improvement classes
This is to say nothing of the social consequences of such charges. Many people are hesitant or unwilling to have friendships or relationships with someone who has been convicted of emotional abuse. Offenders could find themselves unable to meet their own social or emotional needs.
Additionally, offenders with children could lose custody or visitation rights later in a civil court. They may lose or be denied professional licenses as well. Those convicted of indictable offenses could be barred from voting and would become ineligible to purchase firearms in accordance with federal law.
The charges may also show up on pre-employment background checks, potentially limiting job opportunities. Indictable offenses usually disqualify job applicants from working in public or state schools in any capacity. By removing an offender from the workforce, extensive jail time could hamper career development as well.
Universities and professional trade schools sometimes deny admission, re-enrollment, or tuition aid to current or prospective students with criminal history. This is especially true for crimes involving domestic violence and emotional abuse, as they can be disruptive and dangerous in a learning environment.
Finally, offenders who are also renters could have trouble finding housing. Landlords are often wary of leasing to people with criminal histories, especially those convicted of indictable offenses.
How the Lento Law Firm Can Help
If you've been accused of emotional abuse, it's imperative that you receive a strong defense to prevent the charges from overshadowing the rest of your life. Hiring the Lento Law Firm Criminal Defense Team is one of the best choices you could make. Consider the following reasons.
Willingness to Dig Deep
Knowing that many cases are more complicated than they appear on the surface and believing that even the guilty deserve new chances, the Lento Law Firm Criminal Defense Team will dive past the tip of the iceberg to understand you and every other person, place, and event involved in your case. Armed with context and other relevant information, as well as an intricate knowledge of New Jersey's criminal laws, they'll create a powerful strategy to protect you.
Experience with the Media
Some cases of emotional abuse and other forms of domestic violence end up covered on the news. This could damage your reputation, impacting your relationships and job opportunities for years to come, even if the charges are dropped.
Luckily, the Lento Law Firm has garnered nationwide admiration, frequently receiving praise in various news outlets. If your case attracts media coverage, the Lento Law Firm Criminal Defense Team can help you present your best self to the public, both inside and outside the court.
Stellar Reputation
The Lento Law Firm earned its aforementioned positive representation in the media because of its remarkable victories, outstanding strategies, and fervent commitment to clients. They are equally dedicated in cases that stay out of the public eye.
No matter how big or small your case, their reputation for excellence ensures that they will handle it with intelligence, discretion, consideration, and determination. You won't regret trusting them the way their past clients have done.
Protect Yourself from Emotional Abuse Charges
Emotional abuse charges can affect your present and future prospects, relationships, and other opportunities. Don't hesitate to arrange the defense you need to overcome them. The Lento Law Firm Criminal Defense Team is ready to assist you, so call them at 888.535.3686 or fill out a contact form.
