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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 465
Experience:  Attorney with 13 years experience.
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I have been going to theraphy for about 5 months. I have

Customer Question

I have been going to theraphy for about 5 months. I have reported the domestic violence abuse and mental going on with partner-how emotional stressed out im and etc. My therapist said all is kept confidential as long my children are not present. My children have never been present. But Yesterday I went to theraphy and told her what happened this Friday. “I went to my boyfriend shop-he told me to leave bc he was upset that I did not call him- so I felt be littled and treated wrong how he was not putting attention and not caring-then I got off the car with my baby and told him im not leaving and he carried my baby and said that he is going to take the baby away from me bc he said I was acting crazy. I went to his room and he accused me of disconnecting his cameras and he also accused me of taking his kids –he started recording me saying that I did those stuff- he actually did take my keys so I couldn’t leave. I decided to call my cousin and my cousin was arguing with him (my mistake that I worded arguing and it was actually a discussion) and he started saying that I make up stories and other stuff and I started crying and told my cousin that he almost killed me this one time and the he said you see how she makes up stories. Then my therapist stopped me and told me that she has to report this to child services because my son was present in this intense argument and bc I have a history of domestic violence. I started crying and telling her that why Is she trying to get me introuble-She said bc I said arguing and my baby is present then I told her I meant to say discussion bc I was honestly getting confused. Plus she added I have a history of domestic violence but I told her my kids where never present on those occasions- So just bc of that she lastly mentioned that she will talk to her supervisor first to see if it will get process. Will this situation get processed? Therapist said that she will call me today at 1:30pm after speaking to supervisor to let me know. But she has not called me and im very worried.
Submitted: 3 months ago.
Category: Family Law
Expert:  Asad Rahman replied 3 months ago.

I can definitely understand your concern. I think you will be fine as this is all hearsay and not enough for the Child Protective services to really go on. At worst, they might contact you and your boyfriend to discuss the situation but I doubt there is enough here to press charges or to change custody. I might also report this therapist to her licensing board for violating doctor/patient privilege.

Customer: replied 3 months ago.
please opt out. im looking for another expert
Expert:  Asad Rahman replied 3 months ago.

Sure no problem

Expert:  mmdesq replied 3 months ago.

Good Morning:

I will try to best answer your questions.

Dealing with child protective services can be difficult at best and a nightmare at worst. I would highly recommend contacting the therapist to do what you can to persuade her from reporting the incident to Child protective services. You have to understand that your service isn't mandated reporter and if your child was exposed to episode of domestic violence she will feel legally obligated to report the same. This does not mean that it will have a negative consequence for you, but it does mean that you will have to interact

with child services.

In order to avoid this I would reach out to the therapist not simply wait for her return call. I would reiterate to her that she has an ethical obligation you for confidentiality under the patient therapist privilege. This privilege does not prevent her from reporting issues of child abuse or endangerment. What you need to do is further explain that your children would never present during any issue of domestic violence. The argument to to wish you referred was a disagreement, but it was not a heated argument or a violent argument of any kind. Arguments have many different meanings depending on the context. The reason why use the word argument was because it was a disagreement not because there was a physical altercation or a heated dispute. You should tell her point blank you don't feel this is a reportable matter and that you feel that this is a breach of your therapist/client privilege.

I hope this information is helpful and wish you the best of luck resolve the situation.

Customer: replied 3 months ago.
ok she already emailed me yesterday that she has to report it , her supervisor said that has to be reported today. The only problem is that i have emailed her and wrote on a book about the domestic violence that has occured between me and him but my children where never present. Can you guide me on how to email her as you read my story , how to reply in a nice manner so she can or might rethink the situation if hasnt been reported yet please. We are in CALIFORNIA - I believe all states are different. Also if you read I mentioned that he almost killed me to my cousin but that was something I told my cousin that happen about a month or two ago, which I had told that story to my therapist but my therapist always told me that if my children are not present all is kept confidential. Please reply asap-im looking foward to getting best help/answer
Customer: replied 3 months ago.
Good Morning LounaI understand your concern of our session on friday conversation rising a red flag to you.
I appreciate that you are honest and for your help these few sessions- as you always mentioned all is kept confidential as long my kids are not present. The confidentiality that i entrusted to you-those occasions my kids where never present as you are aware. This friday i did mention arguement and you can imagine my level of stress because of everything going on-I had actually stated to you that i was doing better on some areas as i didnt get to finish my story because you had stopped me because i mentioned my baby was there.
Also i wanted to follow up regarding an ethical obligation you for confidentiality under the patient therapist privilege.
My children were never present during any issue of domestic violence. The argument to to wish you referred was a disagreement, but it was not a heated argument or a violent argument of any kind. Arguments have many different meanings depending on the context. The reason why I used the word argument was because it was a disagreement not because there was a physical altercation or a heated dispute. I honestly dont think this should be a reportable matter and I feel that this is a breach of your therapist/client privilege.
I honestly did get confused as i was already under stress and nervous and then all sinked on me and i remember i told you this must of been a misunderstand but you mentioned thats not how i expressed it (remember my expression was under stress at the time) and i honestly do this bc i mentioned arguement i must of worded wrong as above stated.
I also had to ask my cousin if we where arguing she even told me that was a discussion if anything a disagreement- that our family always name arguements as disagreeements and im sorry it got worded incorrectly. The reason of going to your services was to seek help to #1 leave him or #2 work things better between me and him but honestly i think best is me and him taking that space till council help. I will be going to your domestic class tonight to learn more volunteerly - but i will also like for you if you can talk to your supervisor and explain to her again as stated above. Can you please read this and tell me if this is okay or if i should word it differently , i also dont want her to feel like if im threating her but saying:don't feel this is a reportable matter and that you feel that this is a breach of your therapist/client privilege.-Also she said by me arguing and my baby being present make it for her to report to child service
Expert:  mmdesq replied 3 months ago.

I have read your statement and think it is well written. It needs to have your voice. The key component to correct is that the children were never present or exposed to any domestic violence or volatile argument. The argument that they did here was nothing more than a dispute which was not violent or heated. It is not logical that every argument is to be reported if a child is present. The argument needs to detrimental to the child because it violent, heated or potentially violent. This was not that type of discussion.

Customer: replied 3 months ago.
when you mention it needs to have my voice? do you mean call them bc they are not answering . will it be okay to email you what i emailed you in exact how you read it? but just add this on the end: My child was never present or exposed to any domestic violence or volatile argument. The argument that they did here was nothing more than a dispute which was not violent or heated. It is not logical that every argument is to be reported if a child is present. The argument needs to detrimental to the child because it violent, heated or potentially violent. This was not that type of discussion. (Exactly like that or do I delete some in here)??? Remember I did mention to my cousin as I was holding my child (and I told this to the therapist) That I started crying out to my cousin all emotionally out loud telling her that there was this type that he almost killed me.
Customer: replied 3 months ago.
or is there any way that you can just help me on how to email the paragraph properly in a respecful manner where she wont get offended please and i can copy adn paste?
Customer: replied 3 months ago.
Will gladly appreciate this help asap before any occurence of my situation. Looking foward to received and staying with the best help and continuing with you as needed in future as well. This is a serious situation . Thank you
Customer: replied 3 months ago.
The reason that she said will be reported is because i mentioned arguing and my child present and because i have a history of domestic violence..
By her including saying history of a domestic violence and bc of an arguement and my child present does that give her like a plus? does that give her the right to break the confidentiality that i entrusted to her when my children where never present. Im afraid for me and him and mainly my children getting taken away.
Customer: replied 3 months ago.
Mr. mmdesq are you there please...?please read the following message. i need quick responce pleasse
Customer: replied 3 months ago.
please opt out. im looking for another expert