Aug 17
The psychotherapist-patient privilege in marriage counseling.
Florida law recognizes several privileges including: attorney-client privilege, psychotherapist-patient privilege, husband and wife privilege, priest-penitent privilege, and accountant-client privilege.
The purpose of these privileges is to protect confidential communications between the parties and to encourage people seeking treatment or advice to speak freely on all matters.
Florida law provides that an individual has a privilege and right to refuse to disclose, and to prevent any other person from disclosing confidential communication or records made for the purpose of diagnosis or treatment of the indiividual’s mental or emotional condition.
When a husband/father and wife/mother attend joint counseling sessions to improve their relationship and ultimately, to save their marriage they are encouraged to reveal matters of the most private nature, by opening their souls to the therapist, in order to assure that they will receive a proper diagnosis and treatment. Therefore, it is clear that the parties have an expectation that any communications they made to the counselor would remain confidential, regardless of whether the therapy was an individual or joint session.
You must be aware that there is no psychotherapist-patient privilege under the following situations:
- If the court orders counseling sessions, there is no psychotherapist-patient privilege and what you told the therapist will be told to the judge and the attorneys;
- If you disclose to another person significant portions of the communications made to the psychotherapist or counselor, the privilege is no longer . Therefore, be careful not to tell anyone what was discussed in therapy as this person may turn out to be a witness against you and may harm you at trial.
Remember the saying, “loose lips can sink the ship.” The ship you are riding in is your divorce case and you do not want to harm your case by discussing with your friends, acquaintances or anyone else what you told your psychotherapist or counselor.
Andrew Boros, Esq
Florida Attorney at Law
