Q: is it legal to physically restrain someone who is actively trying to harm themselves until law enforcement arrives?
also, is it legal to keep someone (who also lives with you) from leaving your home until law enforcement arrives if they have been saying, repeatedly, that once they leave the house, they are going to kill themselves. Earlier this year, my significant other and I got in a verbal argument during which I had a "manic episode" and became violent toward him and told him I was leaving and that I was planning to kill myself after I left. During the argument, he had no choice but to physically restrain me, to protect him, and myself, because I was out of control of my emotions and actions. after that, he called 911, and when they arrived, they arrested him for corporal injury on a spouse/cohabitant as a felony. Having PTSD from previous psychiatric holds, I lied to the officers that arrived on scene, denying any suicidal thoughts, and even though I had fresh cuts on my wrist from the night before, they just took my word for it, arrested him, and after taking my statement, left me there alone
A:
SHARE ALL THIS WITH THE LOCAL LAWYER HE RETAINS OR THE COURT APPOINTS AT THE ARRAIGNMENT.
S/HE WILL KNOW HOW TO SHARE THAT INFO WITH THE DA AND JUDGE.
THEY OF COURSE WILL NOT INITIALLY BELIEVE YOU, AND WILL THINK YOU ARE LYING TO PROTECT YOUR PARTNER....
AND YOUR LAWYER WILL EXPLAIN THAT YOU DO NOT WANT TO TESTIFY.
IT IS DOABLE BUT IT IS AN UPHILL BATTLE, THAT WE ALWAYS WIN.
A: It is appropriate to restrain someone while awaiting a professional, such as an ambulance, paramedic or police officer when a person is a danger to themselves or another. It is only fitting that you advise his/her lawyer of the facts so that s/he does not suffer incarceration or other penalties due to your suicidal episode. Do the right thing.
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