The forensic psychologist is a collaborator of justice When elucidating a case, the competent bodies will need extraordinary information from a public expert that sheds some light on the resolution to be taken.
For example, in cases in which there has been abuse of any kind against a person, the psychologist will provide a report revealing the magnitude of the damage suffered by the victim.
This will help the judge impose compensation based on the damages caused by the accused. Another very common case is when it is required to evaluate the dangerousness of an individual 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 revealed. In general, The expert will be invited to the hearing to be questioned in the event that more details are required or both the prosecutor and the opposing party require it
In which cases is a psychological expert opinion required?
Two are usually the most frequent cases in which an ex officio judicial expert opinion is most required.
First of all, The psychosocial study in conflictive divorces , in which it is necessary to grant or withdraw custody of the children to someone. An expert will make an appointment with both parties and the children to conduct a series of interviews.
On the other hand, when a person’s disability must be evaluated, the forensic psychologist will fulfill the function of translating to the judge the effects of the pathology suffered by the user so that he or she has conclusive information in the litigation.
If you are involved in a divorce and have an appointment with a forensic expert, this 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. Of course, don’t expect him to be as understanding as a psychologist usually is in therapy.
The function of psychological expertise is to obtain as much information as possible from both parents to dictate clear conclusions about the parenting skills of both parties With the information provided by the expert, the judge will decree shared custody or grant it to one of the parents only. In extreme cases, in which the well-being of the minor is at risk, the judge will order to find a foster family for them.
Our biggest advice is to be honest with the expert It is very likely that the judicial file is in their possession, so any type of misrepresentation or falsehood on your part can only harm you.
Our second best advice is to go to the appointment calmly and be cooperative at all times. The expert is just a professional. He has nothing against you
Finally, check with your attorney to see if you can bring anything to the interview that is illuminating and the judge may not accept it as evidence. For example, some children’s drawings, some recordings or photos.
What will the psychosocial study consist of?
The psychologist will interview the parties separately and together. The interview could include another member of the family, such as the minors’ grandparents.
Keep in mind that The expert is neither on your side nor on the opposing party’s side The expert pursues the interest of the minors. These will carry out psychometric tests that will help them understand what will benefit them most. The parents will not be present during 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 disabilities, is it essential to hire a psychologist?
As we indicated at the beginning, the judge will decide whether he needs extra information to issue a sentence or not. When the magistrate deems it appropriate that an expert is not needed, providing one on your own is not going to be of much help. What’s more, you will spend money to have the report rejected as evidence at the hearing. You will end up throwing a report that you paid out of your pocket into the trash
Why is this happening? Well, the judge knows in advance that he is 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 defects. In disability trials, judicial expertise is not used by default because, as we have said, 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 exact details about the seriousness of the matter.
Before hiring anything, make a quick consultation with a psychologist you trust to see if the file has any errors 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
In summary, The usefulness of hiring a psychological expert opinion will depend on a multitude of circumstances Before proceeding to hire such a private service, ask yourself the following questions: Is the public report clear enough? Are there nuances that are not recorded and could be decisive for the resolution? Will the judge accept my allegations?
Arriving in this situation, the essential thing will not only be the report that the psychology professional can issue, but the fact that he comes to the hearing and explains them first hand This is particularly interesting, since both the judge and the prosecutor will be able to ask you questions.
In conclusion: a good psychological expert opinion, hired at the right time and in pertinent cases, can get you out of the fire in a difficult trial.
