Family Law, Criminal Law & Other Cases Involving Mental Health Issues

Mental health issues permeate many other cases and oftentimes are the chief cause behind individuals getting divorced, getting charged with a crime and many other crisis situations. Very often a person can trace the cause of their legal problems back to their own mental health or the mental health issues of their family members, friends or business associates.  

Mental health issues are a very important issue in family law cases. Virginia has a collection of statutes which direct a judge how to determine child custody, child support, the distribution of property and spousal support. Every one of these statutes contains a requirement that the judge evaluate the mental condition of the parties involved. As such, it is very important that your attorney understand mental health issues and the impact it has on a client’s case. It is also very important that your attorney have the relationships and experience in dealing with mental health professionals to further a client’s case. If your attorney has these qualifications, he or she can not only assist you in cases where the opposing party has mental health issues, but he or she can also assist you in your family law case if you suffer from a mental health issue. 

Mental health issues are also a very important issue in criminal law cases. While it is very difficult to defeat a criminal charge because a person suffers from a mental illness, there are many cases where such an illness can directly affect whether or not a person will be found guilty of a particular charge. Even more common is the impact mental illness has on the ultimate punishment a person faces, which can many times be lessened by presenting evidence of the person suffering from a mental illness, and how the illness impacts their life and their behavior.