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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My sister in law was recently diagnosed in Florida with

Customer Question

Hello my sister in law was recently diagnosed in Florida with paranoid schizophrenia by an LPC (Licensed counselor). My brother has been unsuccessful in getting her help. How does an Ex Parte order work in FL?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.You are wanting information on an involuntary commitment ?And in that record the husband will need to request to have her committed under a Baker ActThis occurs upon a finding by a court that1 a person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary;2 the person is incapable of living alone or with help, and without treatment is likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on him/herself/others as evidenced by recent behavior; and3 all less restrictive treatment alternatives are not appropriate.To begin the process ex parte, the husband will need to get the Petition from the clerk of the Court in the county where they live. He will need to fill out the affidavit and the Petition wherein he will swear and affirm under penalty that he has witnessed he behavior and is concerned she is a danger to herself and.or others. The Court will have a hearing with the husband and if an order is issued, the police will come and take her into custody and taken to a state institution for evaluationYou can review this LINK for the Florida Statute in this regard Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you

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