How Mental Health Factors into Legal Cases: A Guide for Attorneys
The intersection of mental health and the law is both complex and critically important. In criminal, civil, and family law contexts, mental health can significantly influence case outcomes, from determining competency to stand trial to assessing risk in custody battles. As an attorney, understanding when and how to involve forensic mental health professionals can be a game-changer for your clients.
At the New York Mental Health Group, we specialize in forensic mental health evaluations that are objective, evidence-based, and legally defensible. Here’s a breakdown of how mental health factors into legal cases and how attorneys can leverage psychological expertise for better outcomes.
What Is Forensic Mental Health?
Forensic mental health refers to the application of psychological knowledge and methods to legal issues. Unlike traditional therapy, which focuses on healing and emotional growth, forensic evaluations are focused on answering specific legal questions in an unbiased, professional manner.
Evaluations are typically ordered by the court or requested by attorneys, and may include:
Competency to stand trial
Criminal responsibility (insanity defense)
Risk of future violence or sexual offending
Fitness for parenting or custody
Psychological damages in civil cases
Common Legal Scenarios Where Mental Health Is a Key Factor
1. Criminal Law
Competency Evaluations: Is the defendant mentally capable of understanding the charges and assisting in their own defense?
Mental State at Time of Offense: Was the defendant legally insane or suffering from a mental abnormality or defect that impacted criminal responsibility?
Sentencing & Mitigation: Psychological evaluations can provide context for behavior, potentially influencing sentencing or diversion to treatment instead of incarceration.
2. Family & Custody Law
Parental Fitness: A psychological evaluation may assess parenting capacity, stability, and the presence of mental illness or substance use.
Child Custody Disputes: Mental health evaluations help courts determine the best interests of the child, especially in high-conflict cases.
Allegations of Abuse or Neglect: Assessments can support or refute claims of harm and may involve both parents and children.
3. Civil Litigation
Emotional Distress Claims: When psychological harm is alleged (e.g., in workplace harassment or personal injury), forensic experts evaluate the validity and severity of those claims.
Disability Assessments: These help determine whether a person’s mental health condition prevents them from functioning in key life areas.
Why Legal Professionals Should Work with Forensic Mental Health Experts
Objectivity Matters: Forensic clinicians are trained to remain impartial. Our evaluations are designed to be useful to the court, not to serve the interests of one party.
Evidence-Based Reports: Reports are structured, clearly written, and include diagnostic impressions, test results, and legally relevant conclusions.
Expert Testimony: In high-stakes cases, the ability to clearly and persuasively explain findings to a judge or jury can be invaluable.
What Makes a Strong Forensic Evaluation?
A high-quality forensic assessment should:
Address the legal referral question directly
Include collateral interviews and document review
Use standardized psychological testing tools
Be free of clinical bias or advocacy
Stand up to scrutiny in court
At the New York Mental Health Group, we uphold these standards in every evaluation.
How to Refer a Client for a Forensic Evaluation
If you’re representing a client where mental health is in question, here’s how to proceed:
Contact our office with the specific legal question and timeline.
Provide relevant documentation (e.g., court orders, medical records, police reports).
Allow time for thorough evaluation—most assessments take 1–3 weeks depending on complexity.
Receive a comprehensive report, including recommendations and, if needed, court testimony.
Let’s Work Together
Whether you’re representing someone in a criminal matter, a family dispute, or a civil case, our forensic mental health professionals are here to provide clear, objective, and timely evaluations. We understand the demands of the legal system and are committed to helping courts make informed, ethical decisions.
If you have questions about how we can assist with your case, contact the New York Mental Health Group for a confidential consultation.