Sage-Tips

Can a therapist ignore a subpoena?

In some jurisdictions, as in California and many other states, subpoenas can be issued routinely by attorneys. While not all subpoenas are court orders, nevertheless therapists should not ignore any subpoena, regardless of who initiated it.

Can Counselling notes be used in court?

If counselling notes exist, the first stage is that the police/prosecutor must find out whether they contain information that is relevant to the criminal investigation. If the victim refuses consent, the therapist is not permitted to give the notes to the police/prosecutor (although a court may order this is done).

Can a therapist testify against their client?

Either side may call therapists to testify as a fact witness or expert witness depending on the circumstances. However, therapists can also be expert witnesses. This means that you may call your therapist or your child’s therapist to give his or her opinion on custody or visitation.

Can therapy be used as evidence?

Either side may call therapists to testify as a fact witness or expert witness depending on the circumstances. If called upon as a fact witness, the therapist must stick to the facts. He or she will only discuss his or her medical findings, patient’s condition and course of treatment.

Are clients allowed to record therapy sessions?

A therapist does not have a legal or ethical obligation to allow a client to record sessions. Therefore, it is solely within the therapist’s discretion as to whether to allow recordings of sessions. Clients would be able to use the recordings to process what was said during therapy or practice skills acquired.

How do you reject a therapist?

But if that’s not what you want, it’s OK to politely decline sticking it out. “There’s no point to beating around the bush if you’re not satisfied with what you’re receiving from him or her.” Whatever you do, don’t just disappear on your therapist without warning. Give them some sort of notice before moving on.

Can a therapist be forced to tell the court?

In many court-ordered therapy situations, the therapist may be required to share relevant information with the court. For example, if a person is ordered to remain sober and attend therapy sessions, a therapist will be forced to tell the court if their patient admits they have not remained sober.

Can a therapist be forced to report a patient who threatens someone?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York.

What happens if I fail to attend court-ordered therapy?

Find you in contempt of court. Send you to prison, if the requirement for staying out of prison was attending court-ordered therapy. Send you to an inpatient hospital if he or she finds you mentally unstable. For family matters, attending court-ordered therapy can mean the difference between gaining or losing access to your children.

Can a therapist force a client to stay in therapy?

A therapist cannot force a client to stay in therapy or demand that a client undergo certain treatment. Even when a person receives court-mandated treatment, they retain basic rights such as the right to be free of physical abuse. People who have been ordered to undergo treatment may want to consult a lawyer.