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What is the obligation of a therapist to report a violation…

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What is the obligation...

What is the obligation of a therapist to report a violation of a restraining order. I know of a case where two people are going for couples counseling and each has a restraining order against the other. I am not sure if the therapist is aware of this. If he were, would he be obligated to report this violations. In this case the abuser is the wife.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

The case does not involve myself but I believe that neither party has filed to dissolve the restraining orders.

Lawyer's Assistant: Family law varies by state. What state are you in?

New Jersey

Submitted: 1 month ago.Category: Legal
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Answered in 1 hour by:
3/16/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,227
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First off, generally receiving therapy does not violate a restraining order. Second, a therapist has no duty to report anything other than imminent danger to another person or their client and if they do so they would be violating their duty of confidentiality to their patient. So, even if there is a restraining order, the therapist is not under a duty to report it and if the couple is working on their issues in therapy that is not a violation of the order anyhow, since it is considered receiving medical or psychological care.

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