A psychological expert opinion is an auxiliary test or resource for a judge, which consists of the provision of a report written by an expert psychologist where he applies his scientific, technical and practical knowledge in an ethical and objective manner according to the law. It can therefore provide answers to justice issues, as well as provide valuable information that can guide lawyers’ resources. The commission of the report may be requested by the parties or by the Court and the expert work does not end with the drafting of the report but it may be required for ratification at a judicial headquarters, as well as appear at the trial in the event of the report being cited.
Expert evaluation involves an opinion that can significantly affect the lives of one or more people, so for us the human factor with which these cases are approached involves responsibility, respect, honesty and prudence. The expert analysis and the methodology are applied taking into account the context and particularities of each case – we use psychometric instruments that guarantee reliability and validity so that the conclusions are useful and correct.
In Brilo Psychologists we are psychologists experts in Legal and Forensic Psychology. We will be happy to assist you in this process applying the best expert strategies in the fields of Family Law, Civil Law, Criminal Law, Contentious Law and Labour Law.
Scope of Action
Psychological experts are usually carried out in the following areas of law:
Psychological assessment of minors and their parents, guardianship and custody regime, parental competence, recommendations concerning separation and divorce, adoption.
Volitional and intellectual capacity, post-traumatic stress, hospital internment, civil capacity modifications, succession, traffic accidents or traumatic events in which civil liability is requested.
Assessment of imputability and criminal profiling, proposal of measures and bodily harm evaluation, likelihood of the narrative, volitional and intellectual capacity, aggressiveness, gender violence, sexual abuse.
Disability reports, selection recommendations, bullying and mobbing.
Assessment of disabilities, mental state, stress, anxiety, depression, mobbing.
It consists of assessing the methodology and conclusions of an expert report by another professional and determining the reliability and validity of the report.
How is Psychological Expert Opinion performed?
Following the study of the available documentation, a thorough and rigorous evaluation is carried out involving the use of different techniques; some from clinical psychology and others specific to forensic psychology that include interviews and psychometric tests in order to answer the questions raised regarding the objectives of the report.
The evaluation requires several sessions whose number varies depending on the case and the persons to be evaluated. It can be done in consultation but in many cases it is advisable and necessary to make observations and interviews in other contexts such as at home or in educational institutions among others.
Drawing up the Report
Through the examination of the mental state and the assessment of the circumstances, forensic findings are obtained according to the objective of the report, which will be reflected in the report for further communication.
The drafting of the psychological expert report is carried out with impartiality and objectivity, understanding that sufficient evaluative resources have been available to issue an opinion after a diagnostic impression and a clear and sustained forensic discussion. Therefore, the process of evaluating, interpreting and drafting the report requires several weeks in view of its scientific rigor.
Submission and Ratification
After drawing up the report, it must be submitted in time and form in the corresponding court, forming the act of “submission and ratification of the report appearance”. In this act, the judicial expert is fully affirmed and ratifies his expert report. It is thus considered a “judicial certification service”, so that it is understood that it is the author of the report and that it is in conformity with the contents of the report and its conclusions. Furthermore, after this act, it will not be possible to correct any part of the report. All of its contents shall, therefore, be exposed to the parties in such a way that the opposing party may examine them.
There is the possibility that the expert would not have to attend the oral trial because after the ratification of their report, the parties may consider that their presence in the hearing is not necessary since they would not need to interrogate the expert, nor to contradict him.
This is not common, as the opposing party´s strategy, motivated by the opinion will be cross-examine them. That is why a good performance by an expert in court in many cases improves what is stated in his report. In the face of the opposing party, careful preparation for the defense of the opinion is essential. Even the presence of the expert may be requested by his own lawyer, if he considers that the argument of his claim can be strengthened before the court.
Professional report vs Clinical Report
The psychological expert report shows an exhaustive, technical and objective assessment within the framework of the law. Its purposes are forensic in a judicial context, psychometric tests are indispensable, it is exempt from professional secrecy since it is in the service of justice, it is carried out in a short time and determined as a legal document and means of proof.
On the other hand, the purpose of clinical reports is to help, they are used in a health context, they are subject to professional secrecy unless a court order or someone’s life is at risk and there is a deeper therapeutic relationship between patient and psychologist. However, clinical reports may be used in a legal process as indirect evidence to validate statements made by the parties or as supporting documents of other evidence, such as supporting an expert report.
Therefore, the expert and the clinical reports are subject to different assessment regimens of test and effect in terms of the appeal.
Expert Ratification vs Expert Witness
In the case of expert ratification, the order is signed by either of the parties of the proceedings or directly by the court, subject to the petitions contained therein. The expert is called to the process by their scientific, technical and practical knowledge, and can be replaced by another and is obliged to take oath under 335.2.
In the expert testimony, the expert-witness has witnessed the facts directly and unrelated the process, mainly through treatments and the preparation of clinical reports. The testimony focuses on said knowledge, which also involves scientific, technical and practical knowledge, it cannot be replaced by another, and has the obligation to tell the truth as a witnes.
Therefore, expert ratification and expert witness ratification are subject to different test assessment regimes.
The price of Psychological expertise
Psychological expertise varies widely depending on the case, where aspects such as the extent of the previous documentary study, the number of people to be evaluated, the number of psychometric tests required, the necessary evaluation sessions, as well as the complexity of the writing of the report. They all influence the value of the expertise, so don’t hesitate to contact us and we will give you a personalized quote.
Ambience is very important as it facilitates interaction and relaxation in therapeutic sessions. We have spaces adapted for different ages and different types of sessions, as well as access and toilets for people with reduced mobility.
We want you to feel free, confident, calm and safe from the moment you enter our Centre enabling you to take these feelings with you when you leave.
At BRILO Psychologists
Our team of collegiate professionals with more than 10 years of experience will treat you with empathy, understanding and without judgment. We offer therapy sessions that will improve your quality of life, giving you the tools to make you personally grow and feel better about yourself.
In our centre in Benalmadena we have created a comfortable and relaxing atmosphere, with flexible schedules tailored to you. Come and meet us.
Nuestro equipo de profesionales colegiados con más de 10 años de experiencia, te atenderán con empatía y comprensión, sin juicios. Te ofrecemos sesiones de terapia que mejorarán tu calidad de vida, dotándote de herramientas para que crezcas personalmente y te sientas mejor contigo mismo.
En nuestro centro de Benalmádena hemos creado un ambiente cómodo y relajante, con horarios flexibles adaptados a ti. Ven a conocernos.
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Frequently Asked Questions
Apart from Adult Psychological Therapy, we have other options that can meet your needs.