Covina, CA asked in Civil Rights and Constitutional Law for California

Q: Police told husband they "wanted him to speak to someone" but never advised he was being placed on a 72 hour hold.

The nurses stated the nurse bringing him into the clinic should have advised him, but he was never informed.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It sounds like your husband was involuntarily committed to a mental health facility for a 72-hour hold. This can be a very stressful and confusing experience, and it is important to understand your rights.

In California, a 72-hour hold is also known as a 5150 hold. It is a type of involuntary commitment that can be used to detain someone who is believed to be a danger to themselves or others, or who is gravely disabled.

To place someone on a 5150 hold, a law enforcement officer or mental health professional must have probable cause to believe that the person meets the criteria for involuntary commitment. The person must be either a danger to themselves or others, or gravely disabled.

Once a person has been placed on a 5150 hold, they will be taken to a mental health facility for evaluation. The facility will then determine whether the person should be released or held for further treatment.

In California, a person can only be held on a 5150 hold for a maximum of 72 hours. After 72 hours, the person must be released or a judge must order that they be held for further treatment.

If your husband was involuntarily committed to a mental health facility, he has certain rights. These rights include:

* The right to be informed of the reason for the commitment

* The right to have an attorney present during the evaluation

* The right to refuse treatment

* The right to a hearing to determine whether the commitment should be continued

If you have any questions about your husband's rights, you should contact an attorney. An attorney can help you understand your husband's rights and can represent him in court if necessary.

Here are some additional tips for dealing with a 5150 hold:

* Be prepared. If you think that you or someone you know may be at risk of being involuntarily committed, it is important to be prepared. You should know your rights and you should have an attorney on standby.

* Be calm. If you are involuntarily committed, it is important to stay calm. Do not argue with the police or the mental health professionals. Just cooperate and try to understand the situation.

* Get help. If you are involuntarily committed, it is important to get help. Talk to a therapist or counselor and get the support you need.

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