An explanation of the Silent treatment and IIED and why its a form of IIED
How the Silent Treatment Can Fit Into Intentional Infliction
of Emotional Distress (IIED)
Silent
treatment—when
someone deliberately ignores another person, refusing to communicate or
acknowledge them—can sometimes rise to the level of intentional infliction of
emotional distress (IIED), depending on how and why it is used.
When Silent Treatment Might Qualify as IIED
- If the silent treatment is used
deliberately as a form of punishment, control, or manipulation, and it
causes the victim severe emotional pain, it may be considered a form of
emotional abuse136.
- Legal standards for IIED
require that the behavior be extreme or outrageous, intentional (or
reckless), and result in significant emotional distress for the victim8.
- The silent treatment, when
weaponized in this way, can leave someone feeling isolated, desperate, and
anxious, sometimes even causing trauma or long-term emotional harm356.
Key Points to Explain
- Occasional silence or needing
space is normal in relationships, but using silence as a tool to punish
or control is not.
- When the silent treatment is
used intentionally to hurt someone and causes them serious emotional
distress, it can fit the definition of IIED368.
- This form of emotional abuse
can be as damaging as verbal or even physical abuse, activating the same
areas of the brain as physical pain56.
Example
If
someone repeatedly and intentionally ignores their spouse for days or weeks as
a way to punish them, and this causes the spouse to become extremely anxious,
depressed, or fearful, that pattern could be considered IIED if the distress is
severe and the conduct is outrageous by societal standards368.
In
summary: The silent treatment, when used intentionally and in an extreme way to
cause emotional harm, can be a form of intentional infliction of emotional
distress. It is not just about being quiet; it is about using silence as a
weapon to deeply hurt another person368.
- https://www.medicalnewstoday.com/articles/silent-treatment
- https://bencrump.com/faqs/what-constitutes-intentional-infliction-of-emotional-distress/
- https://www.psychologytoday.com/us/blog/invisible-bruises/202411/stonewalling-as-a-form-of-emotional-abuse
- https://health.clevelandclinic.org/silent-treatment
- https://www.healthshots.com/mind/emotional-health/silent-treatment-worse-than-physical-abuse/
- https://www.aplaceofhope.com/the-silent-treatment-when-silence-becomes-emotional-abuse/
- https://www.isba.org/committees/women/newsletter/2003/11/reflectionsofadownstatefamilylawyer
- https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress
Explaining Intentional Infliction of Emotional Distress
(IIED) to a 65–70 Year Old
What
is IIED?
Intentional
Infliction of Emotional Distress, often called IIED, is a legal term for when
someone does something very extreme and shocking on purpose (or is extremely
careless) and causes another person to suffer serious emotional harm—so much so
that it could affect their mental or even physical health123456.
Breaking
it Down Simply:
- Someone acts in a way that is
much worse than ordinary rudeness or unkindness.
- Their actions are so outrageous that most people would say, “That’s just not acceptable in our society.” (I would also say it is not a social norm like the exaggeration and alternative facts used by the current political climate)
- The person doing this either
wants to cause emotional pain, or doesn’t care if they do.
- The result is that the victim suffers severe emotional distress—much more than just being upset or annoyed. This distress could even lead to physical problems, like getting sick or developing a serious mental health issue123456.
Examples:
- A boss repeatedly harasses an
employee in a cruel way, causing the employee to become extremely fearful
and ill2.
- Someone tells parents they know
something terrible about their missing child, but it turns out to be a
lie, causing the parents severe trauma2.
- Repeated, targeted insults or
threats that go far beyond normal arguments or disagreements45.
What
Doesn’t Count:
- Ordinary insults, criticism, or unkind words, even if they hurt your feelings, usually do not count as IIED. (Who would ordinarily insult their own child after a traumatic event in their lives? or make them bottle up emotions after an event that happened on a vacation instead of talking with them, which is what a normal caring parent would do)
- The law expects people to
handle some level of rudeness or stress in daily life345.
Why
Does This Matter?
If
someone’s behavior is so extreme that it causes you serious emotional or mental
harm, you might have a legal claim against them. However, these cases are hard
to prove, and you need strong evidence that what happened was truly outrageous
and caused you real, serious distress56.
In
Short:
IIED
is when someone does something so cruel and shocking, on purpose or with
reckless disregard, that it causes another person to suffer severe emotional
and possibly physical harm. It’s much more than just being mean or rude—it’s
behavior that society would find totally unacceptable123456.
I would also say if the child explained to the parent what they were doing in every way possible which include printing out research for them, posting on their favorite medium for news and weather (YouTube), talking calmly with them only to be met with eye rolls and "whatever's", and even rising to the level of raising their voice, yet nothing get's them to realize the severely damaging nature of their patterns of behaviors.
- https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress
- https://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/infliction-emotional-distress/
- https://www.findlaw.com/injury/torts-and-personal-injuries/intentional-infliction-of-emotional-distress.html
- https://www.freedomforum.org/intentional-infliction-of-emotional-distress/
- https://evansinjuryattorneys.com/blog/understanding-intentional-infliction-of-emotional-distress/
- https://hnwlaw.com/2020/05/27/elder-abuse-by-the-intentional-infliction-of-emotional-distress/
- https://www.forbes.com/advisor/legal/personal-injury/suing-emotional-distress/
- https://www.lawinfo.com/resources/personal-injury/intentional-infliction-of-emotional-distress/
- https://www.nursinghomeabusecenter.com/elder-abuse/types/emotional-abuse/
- https://www.youtube.com/watch?v=wxGLi8CjFws
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