Is a therapist required by law to report the violation of a no contact order?

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Is a therapist required by law to report the violation of a no contact order?

I have charges pending for simple battery against my husband. If we have contact and I reveal this to my therapist do they have to report this to the authorities in the state of GA? I’m getting help for this first time offense but I’m worried about talking to anyone. We have no children and its the state pressing charges no my husband. We want couples counseling too but I also fear about the NCO there too.

Asked on February 17, 2011 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are referring to is the issue of "mandated reporting" under the law in Georgia.   Therapists licensed by the state are mandated reporters of certain circumstances, meaning that they MUST report certain situations under the law.  They are generally mandated in issues involving child abuse.  They could also be mandated in issues where they believe that a party could be harmed.  Therapists walk a fine line sometimes as to patient confidentiality and the law.  I would speak with a criminal attorney on the matter before you place the therapist in a position like this.  The criminal attorney could, perhaps, find you a loop hole of some sort or request counseling for the two of you.


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