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Anxiety and Handling Legal Situations

Written by Ken Strong   
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Feb 23, 2007 A +  A -  RESET  

During the Event

  • If the person is a witness, do not keep her in a small isolation room from which she cannot leave. Being trapped is a big part of panic attacks. Certainly, don't keep the person there alone.
  • Make sure the person is not seated so as to look out a window which is high off the ground.
  • If the person must be in a witness stand, it should not be isolated nor off the ground. In fact, it may be easier to just have the person sitting in a regular chair at a table with other people. Some have found that a conference room table with people sitting around it, is much less stressful. The less they feel the centre of attention, the better it is.
  • It may be necessary to have the caregiver sitting very close to the person while she gives testimony. This gives them a safe anchor.
  • It is frequently not possible to tell if the person is having a panic attack or an almost uncontrollable desire to run. Either the caregiver should be given a free hand to make the decision or else those in charge may gently and quietly ask from time to time if they are OK. However, in some, asking the person if she is OK can bring on an attack. It is obviously best to have worked something out ahead of time.
  • External signs of panic attack MAY include, sweating, a change of pallor, not seeming to be with it, being very snappy. Most can be very subtle and the caregiver who knows the person well may be the only person to recognize the rise in anxiety to the point of almost not functioning..
  • However, many people with anxiety disorders do extremely well giving testimony when their anxiety is high. The problem is recognizing the point at which they move from high anxiety into 'mental' exhaustion. How long does that take? It varies from person to person but my own experience with people would indicate that about 3/4 of an hour is the limit for many. Again, this is extremely variable from person to person. It may just be a few minutes or over an hour.
  • By their very nature, many people with anxiety are perfectionists. They will not forgive themselves for making small mistakes. Catastrophizing the results of the mistake can occupy them for a very long period of time. It is, therefore, important to be sure the person is not in too high a state of anxiety. When they are in a high state they can almost be in a state of dissociation and may agree with almost any statement made to them. Later, when the anxiety level lowers they will realize they agreed but knew that was incorrect and either will want to correct the statement or, if they cannot, they will be haunted by it for some time. During this time they can sound to be very confused and may even appear to be contradictatory.
  • In short, the adversarial system may not be one in which they can freely give of their knowledge. The person in charge must make certain the "witness is not being badgered."

    As one person put it to me,
    "Damn it!. If I had a broken foot they would not allow someone to keep irritating it. But, because I have an anxiety disorder, no one stops them from using it against me.

Those Severely Disabled by Anxiety Disorders

  • Some people are so severely disabled by anxiety disorders they may not be able to function at all outside of their safe zones. Some are even confined to their homes.
  • In cases such as this, various officials have found it necessary to treat them just they would anyone else who was too sick to attend. Meeting at the home, video taping, etc. have all been used.
  • Sometimes it is not necessary to go that extreme. Finding a meeting place within their safe zone, changing the location of a hearing, court case or appeal to a room on the bottom floor, have all been found to be beneficial. It is really a matter of discussion with the person, practicality, understanding, and compassion.



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Last Updated( Mar 11, 2010 )
reviewed by:
Harry Croft, MD (Psychiatrist)
 

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