When the psychologist helps you win a lawsuit

This is how psychological expertise works in legal proceedings.

The forensic psychologist is a collaborator of justice.. When it comes to elucidating a case, the competent bodies will need extraordinary information from a public expert to shed some light on the decision to be taken.

For example, in cases where there has been abuse of any kind against a person, the psychologist will provide a report showing the extent of the damage suffered by the victim.

This will help the judge to impose a compensation according to the damages caused by the defendant. Another very common case is when an individual's dangerousness needs to be assessed for mental health reasons. The psychologist will write a detailed report in which the opinion on the degree of the patient's illness will be made clear. In general, the expert will be invited to the hearing to be questioned in case further details are needed or if the prosecutor or the opposing party requires it..

In which cases is psychological expertise required?

Two tend to be the most frequent cases in which a judicial expertise is required ex officio.

Firstly, the psychosocial study in contentious divorcesFirstly, the psychosocial study in conflictive divorces, in which it is necessary to grant or withdraw the guardianship and custody of the children to someone. An expert will make an appointment with the two parties and the children to conduct a series of interviews.

On the other hand, when it is necessary to evaluate the incapacity of a person, the forensic psychologist will fulfill the function of translating to the judge the effects of the pathology suffered by the user so that he/she has conclusive information in the litigation.

If you are involved in a divorce and have an appointment with a forensic expert, here is what you can expect from the test. First of all, you need to be clear that the psychosocial study is not intended to judge either party. Nor is it going to evaluate your mental health, far from it. However, do not expect it to be as sympathetic as a psychologist in therapy.

The function of the psychological expert is to obtain as much information as possible from both parents in order to to make clear conclusions about the parenting abilities of both parents.. With the information provided by the expert, the judge will decree joint custody or grant it to one of the parents only. In extreme cases, where the welfare of the child is at risk, the judge will find a foster family for the child.

Our best advice is to be honest with the expert.. It is very likely that the court file is in their possession, so any misrepresentation or falsehood on your part can only harm you.

Our second best advice is to go to the appointment calm and cooperative at all times. The expert is only a professional. He has nothing against you.

Finally, check with your lawyer to see if you can bring something to the interview that is enlightening and the judge will probably not accept it as evidence. For example, a drawing of the children, a recording or photos.

What will the psychosocial study consist of?

The psychologist will interview the parties separately and together. The interview could include an additional family member, such as the children's grandparents.

Keep in mind that the expert is neither on your side nor on the opposing party's side.. The expert is pursuing the interests of the children. They will perform psychometric tests that will help to understand what will favor them the most. The parents will not be present at the interview with the children.

After this, he will write a report that will be passed to the judge and the two litigating parties will obtain a copy.

In case of incapacities, is it essential to hire a psychologist?

As we have indicated at the beginning, the judge will decide if he/she needs extra information to issue a sentence or not. When the magistrate considers that an expert is not necessary, providing one on your own is not going to be of great help. Moreover, you will spend money to have the report rejected as evidence at the hearing. You will end up throwing a report that you have paid for out of your own pocket into the wastebasket..

Why does this happen? Well, the judge knows in advance that you are a party specialist, not a public coroner. In other words, the magistrate will consider that, since he is a private doctor, his report could be biased or include flaws. In incapacity trials, judicial expertise is not used by default because, as we have said, the trials are simpler than custody trials. However, it can help in very complex cases in which the file does not reflect the complexity of the pathologies suffered by the user. There the psychologist can provide more accurate details about the seriousness of the matter.

Before contracting anything, make a quick consultation with a psychologist of your confidence to see if the file has some error because it does not reflect the reality of the user's pathologies.

On the other hand, if you are a lawyer, you should be aware that not all judges accept this evidence, even though the public report may be incomplete. Not all judges give the same importance to psychological expertise.. This is also key before spending your money.

Concluding

To sum up, the usefulness of hiring a psychological expertise will depend on a multitude of circumstances.. Before proceeding to hire a private service of this nature, ask yourself the following questions: Is the public report clear enough? Are there nuances that are not recorded and may be decisive for the resolution? Is the judge going to accept my allegations?

At this point, the essential thing will not only be the report that the psychology professional can issue, but also the fact that he/she will come to the court to hear the case. the fact that he/she attends the hearing and explains them first hand.. This is particularly interesting, since both the judge and the public prosecutor's office will be able to ask them questions.

In conclusion: a good psychological expertise, hired at the right time and in relevant causes, can get the chestnuts out of the fire in a hairy trial.