By Sandra L. Brown, MA
Leaving a pathological is never easy—they aren’t wired to
allow for easy separation and disengagement.
What they value most is drama, trauma, and the perpetuation of misery at
any cost. High on their entertainment
list is any legal activity—especially divorces, separations, and custody
battles. Pathologicals get bored easily and have a high need for entertainment.
They are high-excitement seekers and have low impulse control. This all equals great legal combativeness
coupled with great enjoyment of the process.
Pathologicals are highly litigious, meaning they LOVE to sue
and go to court. They are entertained by
the drama of the court scene and love anything associated with being the victim
in a legal process. Therefore, they are different than normal people in that
they will keep this process going as long as necessary. They will even spend
more money than they will ever recover JUST to be in court, JUST to be heard,
and JUST so you won’t win.
There is no rationale when it comes to why they find court
so enthralling. It’s almost like “legal malingering.” Malingering is a
psychological disorder that means a person remains symptomatic because they get
something out of it that we refer to as a “secondary gain.” So it is true with the pathological in
court—67 times to court for one case is not unheard of.
But the bottom line for you is that court is often
traumatizing. Facing him can bring on flashbacks, panic attacks, nightmares and
anxiety. The faces he makes, his posturing and his stares can often leave you
highly ineffective on the witness stand. Or you are unable to think in the
courtroom in order to give your attorney correct input.
Some women are followed by the pathological after court. He
may stalk her in his car or call her cell phone, belittling her about the court
proceedings. Taunting her before the court date can bring a woman’s functioning
level to an all-time low. She may miss work and, as a result, lose pay. She may
have to pay and repay court fees as he switches dates around just to make a
show of power.
Women who already have Post-Traumatic Stress Disorder
(PTSD), other chronic stress conditions, or autoimmune disorders like
fibromyalgia, chronic fatigue syndrome, or lupus, can end up bed-bound from the
stress of the court drama and him. Since pathologicals love your debilitation,
they are likely to stretch out the process by asking for more depositions,
postponing court dates, adding more needed appearances, or even refusing a
settled offer that is everything they asked for—anything to create more stress
and havoc for you. Women will often do ANYTHING to avoid this kind of exposure
to further abuse.
Since the pathological is rarely acknowledged for what he
is, the court is not likely to identify his manipulative behaviors and so his
requests are granted. You are tormented with more and more unproductive court
appearances as he acts like the perpetual victim.
A woman can get PTSD-like symptoms just from how she’s treated
in court or in depositions. The criminal court is known for favoring criminals,
so anyone who is not criminal often finds the process abusive and traumatizing.
A woman will often give away her rights, property, and money just to avoid him
and court all together. She and her children are then exposed to poverty,
marginal employment and a reduced quality of life ALL because she wants to
avoid being traumatized by him and an unbalanced court system.
I have said for many years that the universe is strangely
tilted to the benefit of the pathological. They get away with more dirty deeds,
especially in court, than any normal person would ever get away with. For this
reason, women come to know that their chances in court with a pathological, who
is so dramatic, convincing, and unnerved by the process, is nil.
Women have had very ineffective means for balancing the
scales of Her-vs-The Psychopath in family court. That’s because few women know
about one VERY effective strategy that helps her regain her court composure—using
a PTSD diagnosis to receive special accommodations during court proceedings.
As we have constantly mentioned, many of the women who come
through our program have PTSD that was acquired during the pathological
relationship or was made worse by the
relationship. PTSD is a trauma disorder—meaning you were traumatized in some
way, which is how you acquired it.
PTSD symptoms can last for short
or long periods of time and are almost always increased by stress—such as
stress by being in court or stress created by his behavior while in court.
These types of recurring symptoms can negatively impact your effectiveness in
court and can require special accommodations so you are able to function during
court. Some of these special accommodations include:
- Having the woman speak over a speaker phone in another room so she doesn’t have to face him.
- Not having him in the courtroom.
- Having him detained so she can leave early from the courtroom.
- Calling in to the courtroom from home to avoid having to attend the hearing in person.
- If she has to attend—having a disability advocate present with her.
- Having him not be allowed to speak directly to her when walking past him from the courtroom.
All of these special accommodations can greatly ease the
stress normally associated with court, but are
not granted unless a special ADA (American with Disabilities Act http://www.ada.gov/pubs/ada.htm)
accommodation is granted.
Accommodations can also be made
for:
- Emotional triggering caused by discussing the situation
- Memory recall problems
- Concentration problems
- Flexibility with deadlines because of amnesic symptoms or recurring trauma when having to testify in front of him
- Emergency hearing to enforce court orders
- Rehabilitative alimony for treatment of PTSD for you or your children
PTSD is the disorder most associated with
pathological love relationships. A diagnosis of this can help women acquire
accommodations that are associated with the ADA accommodations offered. You
simply have to have a diagnosis that requires special accommodations in order
for you to function. (In our article, “PTSD
as Trauma Disorder—NOT
Psychiatric Illness,” we discussed the differences between mental
illnesses and emotional, trauma-based disorders such as PTSD.)
http://legalabusesyndrome.com/
provides information about writing your PTSD Accommodations Request Report for
the court. This is a HUGE breakthrough for women because once you have received
ADA accommodations, the judges and attorneys MUST adhere to protocols developed
for ADA which are federally based and help accommodate your needs in order to
function in court. Protocols not followed are prosecutable, making the courts
highly attentive to meeting federal protocols. This could also apply to your
children if they have PTSD, and could hopefully impact how they are to be
treated in court and how their needs must be met.
Before we get a FLOOD of letters
and emails about this, here is what you need to know:
- You must legitimately have PTSD. If you have already been diagnosed with PTSD, you have already jumped one hurdle.
- If you need to be diagnosed, you must be evaluated by a licensed professional—such as a mental health professional or a psychiatrist. If you would like to be evaluated by one of our staff, you can contact us at saferelationships@yahoo.com. (All of our providers are in private practice, which means they charge for their services. We are NOT nonprofit.)
- Once you are diagnosed, you will need to draft your PTSD Accommodations Report. This is a time-consuming and lengthy report of approximately 10-15 pages. It is a highly specialized report. It is unlikely that your doctor or health care professional will construct something of this nature as it addresses specific areas to meet the criteria for ADA. (There are ADA Advocates, professionals, who can help with this but, of course, they charge for this report; however, we believe that what the report renders to you is highly worth the investment.)
- This is NOT the same thing as being declared “disabled,” and has nothing to do with physical or mental disability or acquiring disability payments.
- PTSD, if diagnosed, does become part of one’s medical and/or psychological record.
We believe that these Accommodations Reports are the
beginning of leveling the playing field when it comes to being in court with
pathologicals. We also believe that children who are diagnosed with PTSD and
who have acquired it from living with the pathological may have a far more
arguable case about custody when courts try to mandate visitation with the very
one who caused PTSD.
(**If we can support you in your recovery process, please
let us know. The Institute is the
largest provider of recovery-based services for survivors of pathological love
relationships. Information about
pathological love relationships is in our award-winning book, Women Who Love Psychopaths, and is also
available in our retreats, 1:1s, or phone sessions. See the website for more information.)