What Is Divorce Due to Emotional and Psychological Violence? Evidence and Legal Process
Emotional and psychological violence may take different forms within a marriage, including humiliating, blaming, insulting, excluding or emotionally neglecting a spouse and engaging in conduct that undermines trust.
According to the definition quoted in the uploaded source from Law No. 6284, violence is not limited to physical acts. It also encompasses conduct that causes or is likely to cause physical, sexual, psychological or economic harm or suffering, as well as threats, pressure and arbitrary restriction of freedom.
What Is Psychological Violence?
Psychological violence may consist of conduct affecting a spouse's psychological or emotional well-being without necessarily involving physical violence.
The uploaded source refers to established Court of Cassation approaches and identifies several forms of emotional violence that may contribute to the breakdown of the marital union.
What Conduct May Constitute Emotional Violence?
According to the uploaded source, relevant conduct may include:
- Humiliating the spouse,
- Blaming the spouse,
- Insulting the spouse,
- Acting without affection,
- Showing indifference,
- Excluding the spouse,
- Engaging in conduct that undermines trust,
- Failing to perform obligations arising from marriage,
- Acting contrary to marital obligations.
The legal significance of each form of conduct depends on the circumstances of the individual marriage.
Is Psychological Violence a Ground for Divorce?
According to the uploaded source, yes.
Where psychological violence has made the marriage unbearable for the affected spouse, it may constitute a ground for divorce.
The source also states that psychological violence is recognised by the Court of Cassation as a ground that may support divorce.
Can Insulting a Spouse Constitute Emotional Violence?
The uploaded source specifically lists insulting a spouse among conduct that may amount to emotional violence and contribute to the breakdown of the marriage.
Can Emotional Neglect Be Relevant?
Yes.
The source includes acting without affection and showing indifference among the forms of conduct that may be evaluated as emotional violence in divorce proceedings.
Can Excluding a Spouse Be Psychological Violence?
The source also lists exclusionary conduct among the behaviours that may contribute to the breakdown of the marital union through emotional violence.
How Is Psychological Violence Proven?
According to the uploaded source, psychological violence must be established through lawfully obtained evidence.
The source particularly emphasises the importance of witness evidence in divorce proceedings.
What Happens If Psychological Pressure Cannot Be Proven?
The source states that where a divorce action relies on psychological pressure, the alleged conduct must be proven. If it cannot be established, an action based solely on that allegation may fail.
Evidence is therefore particularly important in psychological violence cases.
Why Are Court of Cassation Decisions Important?
The uploaded source emphasises the significance of Court of Cassation decisions when preparing divorce petitions and responses involving emotional violence.
A particular form of conduct that one party regards as a ground for divorce may not necessarily have been treated in the same way in the relevant case law.
Does Psychological Violence Have Criminal Consequences?
The uploaded source distinguishes family-law consequences from criminal-law consequences.
It states that penalties relating to psychological violence are not themselves a family-law matter and may instead fall within criminal law where the relevant legal conditions are satisfied.
Is Sexual Violence a Ground for Divorce?
According to the source, sexual violence may be accepted as a ground for divorce where it is proven.
Emotional Violence and Contested Divorce
Where the spouses dispute the alleged psychological violence and its consequences, the proceedings may involve detailed examination of:
- The alleged conduct,
- Its timing and nature,
- Witness testimony,
- Other lawful evidence,
- The parties' allegations and defenses.
Psychological Violence and Alimony
Depending on the circumstances of the divorce proceedings, issues relating to temporary alimony, poverty alimony and child support may also arise.
These claims are assessed according to their own legal requirements.
Psychological Violence and Compensation
Depending on the circumstances, pecuniary and non-pecuniary compensation claims may also arise in divorce proceedings involving psychological violence.
The parties' conduct and its effects may be relevant to the assessment of such claims.
Psychological Violence and Child Custody
Custody is determined primarily according to the best interests of the child.
Accordingly, allegations of psychological violence may become relevant where the conduct affects the child's safety, development or family environment. However, the existence of an allegation does not automatically determine custody.
Conclusion
Emotional and psychological violence may constitute an important basis for divorce proceedings even where no physical violence has occurred. The definition of violence quoted in the uploaded source expressly encompasses psychological and verbal conduct as well as threats, pressure and restrictions on freedom.
According to the source, humiliating, blaming, insulting, emotionally neglecting or excluding a spouse, engaging in conduct that undermines trust and failing to comply with marital obligations may be considered forms of emotional violence capable of contributing to the breakdown of the marriage.
The allegations must be proven through lawful evidence, and the source particularly emphasises witness testimony in establishing psychological violence in divorce proceedings.