Firearm Threat Against an Ex-Partner
A 34-year-old man has attended six sessions with an LCMFT in a solo Maryland practice. He reports that his ex-girlfriend obtained a protective order two weeks ago and has blocked his calls about their two children. In the latest session he says he bought a handgun last weekend and that 'if she keeps me from my kids, I'll end it for both of us.' He has a history of alcohol misuse and one assault charge five years ago. He denies current suicidal intent but says he has 'nothing to lose.' He refuses voluntary psychiatric hospitalization and warns that he will stop therapy and 'disappear' if the therapist reports him. The therapist has no psychiatrist on site and has not yet contacted the ex-girlfriend or law enforcement. The client has not identified a specific date or written a note. The therapist must decide what to do before the client leaves the office.
1. Does this situation fall within a confidentiality exception? What facts matter most?
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Confidentiality is not absolute. Maryland recognizes a limited duty to protect or warn when a therapist knows or should know that a client presents a serious danger of violence to an identifiable third party. Here the facts point toward serious danger: a specific victim, a recent protective order, a recent firearm purchase, a stated intent ('end it for both of us'), a history of assault, alcohol misuse, and a sense of desperation. The statement also carries a possible suicide threat. The therapist should not rely on the client's refusal or his threat to 'disappear' as a reason to do nothing. The therapist should assess imminence: Does he have the gun now? Is it loaded? Where is it? Has he set a time? Is he intoxicated? Does he have access to the children? The therapist should also consider whether the children are at risk. The duty is to take reasonable steps to protect, which may include warning the ex-girlfriend, notifying law enforcement, and initiating an emergency evaluation. The therapist should disclose only what is necessary to protect.
2. What concrete steps should the therapist take, in what order, and what should be documented?
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Order of steps: (1) Stay calm and keep the client engaged; do not promise secrecy. (2) Gather identifying information: the ex-girlfriend's name and address, the children's school, the gun location, whether he is intoxicated, and his current location. (3) If he is imminently dangerous or suicidal, call 911 or initiate an emergency evaluation petition; if he leaves, call law enforcement with the information. (4) Warn the ex-girlfriend directly or through law enforcement, and tell her about the protective order officer if one is listed. (5) Consider notifying local police about the firearm threat and the protective order. (6) Document the threat, the facts assessed, the steps taken, the people notified, times, and the client's response. (7) Offer follow-up and crisis resources. Do not contact the children's school broadly; that would exceed necessary disclosure unless the school is the only way to protect the children. Do not disclose to the client's employer. Consultation with a colleague or attorney is useful but should not delay emergency action.
3. After the therapist warns the ex-girlfriend and files an emergency petition, the client demands to know exactly what was disclosed. How should the therapist respond, and what should be documented?
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The therapist should tell the client, in a calm and limited way, that because of the threat the therapist had to take protective steps and that the therapist does not control what police or the ex-girlfriend do with the information. The therapist should not read the entire report or disclose the ex-girlfriend's new address or safety plan. The therapist should explain the confidentiality limits that applied, encourage the client to continue treatment or to engage with the emergency evaluation, and document the conversation. If the client becomes threatening toward the therapist, the therapist should end the session, ensure physical safety, and call law enforcement. The record should include the exact words used, the protective actions, and the client's response. If the client later asks for records, the therapist should follow the same privilege and subpoena analysis and not release the ex-girlfriend's contact information.