...Does he have the possibility to be charged with assault/harassment? If I admit he hit me and gave me a black-eye, does the counselor have the right to negate the privacy policy, to seek criminal repercussions against him even if I don't press charges. Even if I have a visible black-eye?
Please spare me on the tirade about how I should leave him. I know, believe me. All I'm asking is pertaining to the above paragraph. I've got enough on my plate dealing with the later, and I am. I'm looking to less-complicate things through unnecessary bureaucracy. I want to talk to a professional without the threat that he will end up in jail. I'm hoping that stating my hopeful response won't sway the truth of answers I get.
2007-09-16 17:40:20 · 17 answers · asked by veronicaodden 2 in Politics & Government ➔ Law Enforcement & Police
I'm 22, and I'm currently living in Texas.
2007-09-16 18:09:08 · update #1
I don't know what the laws are. They are probably different from place to place. What you might want to think about trying is getting in touch with a Women's shelter. They would know all the legalities for various situations. They would also have resources to make sure you are safe. And people you can talk to who understand where you've been. I know a shelter may sound extreme - but they are connected to every resource you may find useful - from legal aspects, to emotional support (professional, if you feel you need it), to getting your *** safe! It's only a phone call to check it out. You are wise to leave, and wise to be careful in the way you do it. The shelters can help you in so many ways. I wish you the best - you're worth it!
2007-09-16 18:21:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I'm not sure about Texas law. In some states abuse must be reported. In others, the confidentiality between doctor and patient covers counselors. However, most states require the doctor or counselor to report visible signs of abuse. Since there is visible evidence of abuse, the black eye, you do not get the option of not filing charges. The new domestic violence laws require the police to file the charges even if the victim is unwilling to do so.
Texas should have a domestic violence hot line or a woman's advocacy group. They could probably advise you over the phone. Many women in abusive relationships start getting help this way. You can remain anonymous until you decide on a course of action. Don't wait too long. . .
2007-09-17 04:31:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I don't think there is a universal law on this. A school counselor is required to report any crimes-whether or not he goes to jail over it I don't know. Also usually a church clergyman has to report any crime(I think that includes domestic abuse). If you are really not wanting him to go to jail over this and just want help you could check the situation out first. Usually they have a privacy policy. It will state whether or not they can tell anything you have said to someone else. In my son's school counselor's office is a big sign. It reads Nothing you say leaves this room. Unless you tell me you are going to hurt yourself or you tell me about a crime. You shoul know whether or not they will report it. More than likely I think they will help you first. I think there first priority is your safety, and get out of these abusive situations. Maybe try the phone book and see if there is an annonymous call center. This stuff will affect you for longer than you realize and getting help is the smart thing to do.
2007-09-17 00:53:55 · answer #3 · answered by a_mom 4 · 1⤊ 0⤋
I'm not a shrink, nor a cop, but I believe if you tell a counselor your problem, he or she can act in confidence with you without reporting it to the authorities. However, I will not let you go without the following being said. Get out of that relationship, no matter what. There is no reason on Earth that a man should punch, push around, or batter a woman. If you allow it to happen, you are an enabler and I have little pity for you. Sorry.
2007-09-17 00:47:42 · answer #4 · answered by Kevin U 4 · 1⤊ 0⤋
If you are talking about a school counselor my guess is they probably have to report it. Public school students don't really have privacy rights in this country. Just the opposite, in fact.
That's why students and their lockers get searched at will. You have no reasonable expectation of privacy within the public school system. The laws that protect adults do not protect you.
2007-09-17 00:54:24 · answer #5 · answered by mellokittyx4 3 · 1⤊ 0⤋
Depends on your age. If you are over 18 and not in serious danger the consular cannot violate an agreed upon confidentiality.
A consular must report minor sex abuse or when a person's life is in immediate danger.
This is a general answer, the laws in states differ slightly by state. It is usually best to feel free to speak completely and truthfully to your consular otherwise they cannot help you.
2007-09-17 00:47:04 · answer #6 · answered by Anonymous · 1⤊ 0⤋
In MN, even though counselors are mandated reporters, I don't believe that your situation would be one that required them to make a report. I believe that they have to report sexual assaults, child abuse, etc, but not a guy whacking his girl around.
I know you didn't want to hear it, but if he's hitting you, first, he's not going to stop, and second, what happens when you have kids and they won't stop crying, or draw on the wall, etc. This guy is an *** - leave him asap.
2007-09-17 00:53:16 · answer #7 · answered by Todd S 2 · 2⤊ 0⤋
i know that in most states if you live together and the police are called he goes to jail whether you want to press charges or not
i don't know if the therapist is allowed to call them or not but it's a very real possibility if he is still a physical threat to you.
2007-09-19 06:19:57 · answer #8 · answered by SlowDownGhandi 2 · 0⤊ 0⤋
they have confidentiality and don't report what already happened to the police. Their records are subpoenable, however. Also, if they should find out he is likely to do it again (perhaps he picks you up at their office and threatens you), THEN they have to report that he is a danger. Look up 'tarasoff' on the internet.
you are scared and i understand that. take it from someone who has been through it more than once, he is MORE likely to hit you if you don't report it.
2007-09-17 00:47:02 · answer #9 · answered by Marlon M 3 · 1⤊ 0⤋
the only way they keep him in jail, if ur counselor opens her mouth (and i believe she will considering that you are in danger and in that case she could violate the privacy policy)is if u press charges,if you dont they wont lock him up
...and from personal experience guys like him never change it only gets worst remember that..god bless
2007-09-17 00:47:52 · answer #10 · answered by Amythatsme 3 · 1⤊ 0⤋