Verified by Court-Ordered Therapy
After an individual is found guilty of a crime, or has pled guilty to an offense, a court may order him or her to undergo one or more types of therapy as a condition of parole or probation, or, in the case of juveniles, to keep an offense from appearing on their record.
Court-ordered, or mandated, therapy, which can include a range of programs such as anger management, parenting classes, and substance-abuse treatment, differs from other forms of therapy in key ways: It is mandatory, as failure to attend sessions could lead a court to incarcerate an individual, find them in contempt of court, sentence them to a residential program, or deny them visitation with their children. It also does not have the same rules of confidentiality as other therapies, as mental-health professionals are obligated to report progress to the court.
On This Page
- Why might a judge order someone to get therapy?
- Can a judge order someone to get therapy in lieu of going to jail?
- Is court-ordered therapy as effective as voluntary therapy?
- What are diversion programs?
- What is a drug court?
- What is a victim impact panel?
- Who might be ordered to take an anger-management class?
- Can a court order a parent to have therapy?
- What is reunification therapy?
A judge may decide to mandate therapy as an alternative to jail time, when, for example, an individual with a diagnosable mental illness or history of substance abuse commits a relatively minor crime. The individual would typically be subject to incarceration if they fail to complete their mandated therapy sessions.
Yes. A judge can order therapy as an alternative to jail time, if the offense is relatively minor. It is important to note that incarceration could follow if someone fails to complete their mandated therapy sessions.
Yes. While there may be cases in which an offender misrepresents their progress and stance following court-ordered therapy, research generally finds that court-ordered therapy can be as effective as voluntary therapy, if an individual receives therapy in a modality that suits them, and if the program and professionals involved are effective. As attendance is mandatory, a therapist is assured of seeing the client for a set period and can tailor their approach to that window of time. Research also suggests that whether a person chooses to attend therapy is less of a factor in their treatment’s effectiveness than whether their therapist has used the best approach for that person.
The term "diversion program" describes a range of court-ordered programs, usually involving therapy or education, designed to help keep first-time offenders of relatively low-level offenses out of jail and, often, out of the criminal justice system altogether. Those who commit petty theft, are found in possession of certain drugs, or commit assault that does not lead to injury are typical candidates for diversion programs. Diversion programs have been found to be less costly than trials, whether or not they end with incarceration, and more effective in reducing recidivism. Offenders who take part in diversion programs remain liable for restitution to victims if applicable, and to perform community service if ordered by a judge. They may also be required to pay for the cost of their counseling program. Depending on the jurisdiction, an offender may be required to admit guilt to take part in a diversion program; in those cases, though, sentencing is typically suspended, and the plea erased from the system upon successful completion of the program.
Individuals whose alcohol or substance abuse has been a factor in one or more arrests may be assigned to what are often called “drug courts,” where a judge may mandate a treatment program. At the completion of those sessions, generally also based on whether other conditions have been met, the individual may be able to avoid jail time.
In some jurisdictions, someone arrested or convicted for driving under the influence of drugs or alcohol or driving while intoxicated may be ordered by a court to attend one or more presentations by a local victim impact panel, typically a volunteer group of people who have been victims of DWI/DUI accidents, or the surviving family members of individuals killed by an impaired driver. Courts are especially likely to order a teenager or young adult, or first offender, to attend the panels, with the goal of helping them understand the pain and suffering their actions could cause.
When someone appears in court because of aggressive, rageful, or violent behavior—domestic violence, road rage, or becoming violent during a dispute—they may be ordered to take part in an anger-management class as a condition of probation or to avoid jail time. Therapist-led anger-management classes typically involve lessons on proven methods to control one’s anger, resolve conflicts, communicate more effectively, and increase emotional intelligence. They often run for a period of several weeks or months, depending on the jurisdiction. Assessments will generally take place before the class and after its completion, at which time a progress report is typically delivered to the court so a judge can determine the individual’s legal status.
Yes. When a couple with children is divorcing or splitting up, a court may mandate therapy for a few reasons. A judge may require one or both parents to receive a psychological evaluation before making a decision on custody. Similarly,a parent who has lost custody of their child or children because of abuse, addiction, or having been convicted of a crime may be ordered to undergo therapy, perhaps in the form of a parenting class, before considering the restoration of custody.
When a family has been separated due to divorce, allegations of abuse, parental alienation, or a parent’s criminal conviction, parents may be ordered to take part in reunification therapy, with the ultimate goal of re-establishing trust and restoring connection so that a family can live together again, or, in the case of divorce, live apart without parental conflict. A therapist trained in family and/or child therapy will work with the family—sessions often include the children—to improve communication and attachment.
