Therapy and court subpoenas

I've been thinking about going to therapy, but the issue stated in the thread title bothers me somewhat. Not that I'm planning to commit any crimes, but **** happens, you know, and I don't want something on my record to be used against me should I ever find myself in a legal bind.

The APA has this to say: Protecting patient privacy when the court calls

Something something about therapists ought to seek legal help to fight subpoenas on behalf of their client. But what if the therapist doesn't seek legal help? Either because they don't want to assist the patient or because they're just incompetent.

Does anyone know how safely kept are therapists' records?

I honestly think this is an issue like less than 1% of us deal with. But your therapist has confidentiality as does your medical providers. Unless you disclose the details of your crime to a therapist, I don't think anything would be admissible in court.

It is one reason I won't go to therapy. I can tell you there are various loopholes around getting in medical records. They can also come in - in civil cases.

Finally always always if your therapist believes that anything you say could be considered a threat, they are duty bound to tell people. I have seen this used in very unfair ways.

My stance.. if the records don't exist, then you are safe.

I have thought about this a lot and would never disclose past illegal acts to a therapist, psychiatrist or any other person. I still see a pdoc.

So, a diagnosis alone would never be disclosed? Say, if your doc is acting as a character witness, or if the diagnosis is brought up to determine sentencing?

That's also been my stance.

But the curiosity is eating me alive.

So how do you know you are a psychopath? That is something they pretty much need to do a brain scan for in that the brain is different in psychopaths. Did a professional diagnose you as a psychopath?

Years ago I was watching a program that talked about psychopaths and how their brains are different. A doctor who specialized in forensics decided to show a comparison of the brain of a psychopath and a normal brain. He decided to just use an example of his own brain and that's when he discovered he himself had the brain of a psychopath. He was never a person to commit any crimes or do bad things, he was shocked to learn he himself had the brain the same as a psychopath.

I went to a therapist when I was in college and took a lengthy personality test similar to the MMPI while I was doing therapy. I discussed it in one of my first posts, the one in the ASPD forum.

And that's kind of why I want to go back to therapy, to find out more. My first therapist seemed kind of afraid of me, and I don't think I was getting much out of it as a consequence, so I stopped going.

Well, not so sure I would totally trust a therapist. Also, there tends to be a stigma that psychopaths are all very dangerous when there are psychopaths that actually lead normal lives and often even make good politicians because they can handle a lot without experiencing a lot of emotional stress. Not all criminals are psychopaths and not all psychopaths are criminals. That doctor of forensics was not a criminal.

first I want to say the APA in your link is for the American Psychological Association which is different than the APA as in the American Psychiatric Association. Even though they both carry the same organization initials, they are two different organizations here in america that do completely different things in different ways. the first one over sees psychologists and the other is much bigger and publishes the DSM (diagnostic manual that says what mental disorders there are in america, the diagnostics and so on, and also governs things testing requirements and much more.)

how and what a treatment provider follows for court subpoenas depends upon each state and local organizations rules/ guidelines for it.

example here in my state treatment providers must answer the subpoenas by going to court and testifying under oath based on what questions the prosecutors and defending lawyers ask. its up to the lawyers to object when the other side is trying to breach confidentiality. if they dont object to the questions the witness (treatment provider) must answer the question just like any other witness that is under oath and testifying.

some mental health agencies purposely keep their files vague, (whittled down to just the facts ma'am so to speak) clients name, address, phone number, why they entered therapy, diagnosis, and a line or two that explains what all those session notes are.

example

Amanda Louise, phone number 234-234-2346 (obviously not going to post my actual name, address and phone number here lol)

Amanda louise entered therapy as a college class assignment in the fall semester.... after testing it was discovered amandalouise is diagnosed with.... ____, ____.___

she is being treated with medication, and therapy.

this weeks session focused on her PTSD symptoms.

signed (therapists name)

if my therapist got a court order handed to her she would have to per state law attend court and answer what ever questions the lawyers asked and it would be up to my lawyer to object to any questions that may breach my rights and confidentiality by making sure the questions being asked were about the crime not my history.

treatment providers must supply a rights and confidentiality information papers. it is ok to ask for them if you cant find yours that you have got or will get when you start therapy. these papers will tell you under what situations your treatment provider will have to disclose things from your files.

Thanks for the information! I'd be seeing a psychologist, not a psychiatrist. Or does that not make any difference?

Um... if you do something really dastardly, like tie Nell to the railroad tracks, wouldnt your t be the least of your troubles? Besides, i would think both the prosecutor and the defense are going to have you examined by their own psychiatrists. Maybe seeing a t would preempt such a dismaying turn of events.

I think if you truly wanted help you would truly be honest. You owe it to yourself.

Unless the therapist is compromised they can't disclose anything that comes up in sessions. So when does compromise exist? Compromise exists when you present a danger to yourself or others. Anyone in the medical or healthcare field are required by law then to act.

seems kind of silly to me living a life full of issues avoiding help because you MIGHT somewhere at some point later in life have to go to court and have a mental health professional answer questions about you. most professionals are just that ..professionals. they understand how the system works and how to do their note taking & testifying.

I know someone who is crippled by severe knee pain . doctors have told her to get surgery. she won't because the healing time is long. she says she will never fix it. rather then a few months of discomfort and then no pain she would rather just go thru life unable to walk and enjoy being able to walk, hike or do normal life functions. kind of the same issue.

get help. don't worry about crimes you might commit or court issues that haven't happened yet (unless of course you are going down that path) it's not worth a life time of pain. tell the therapist what you are worried about .

You use the word "MIGHT" like it's a small risk.

I've decided to go. I want to know for certain what my condition is and what that means, and trying to figure it out on my own just isn't working. I have no idea what emotions I actually have or if what I'm experiencing is normal. Can't just go around asking people questions like that, you know? They might start to suspect something.....