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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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My 18 year old daughter was a victim of domestic violence.

Customer Question

My 18 year old daughter was a victim of domestic violence. Law enforcement was involved. In the heat of the moment she made statements that initiated a 72 hour mental health hold and evaluation. Given that she is considered an adult, her mother and I are being denied any information. What are our options as far as ensuring she isn't swallowed up by the system?
Submitted: 12 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 12 months ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

What state is this in?

Customer: replied 12 months ago.
Colorado
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

Are you able to hire a local attorney to represent your daughter and to make sure that she doesn't get committed to a mental health institution?

Customer: replied 12 months ago.
I am going to hire an attorney. What can I do in the mean time? She is young and naive. She doesn't have the luxury of 5th amendment protection.
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

What was the reason your daughter was held for 72 hour mental health hold? What was the nature of her statements?

Are you permitted to visit with your daughter?

Customer: replied 12 months ago.
She threatened suicide. No, we are not allowed to see her.
Customer: replied 12 months ago.
She was physically assaulted by her boyfriend. She was distraut and emotional.
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

I completely understand and I am sorry your daughter and you have to go through this unfortunate experience.

Were you provided with the visiting hours and do you know if your daughter will approve visits from you?

Customer: replied 12 months ago.
She has requested we be allowed to see her. The staff of the facility keeps turning us away. We have dropped off clothes and toletries. She hasn't gotten anything.
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

When was your daughter initially held for the evaluation?

Were you provided with visiting hours? (visitors are generally only permitted during formal visiting hours)

Customer: replied 12 months ago.
The incident happened Saturday the 12th. She was put in the local hospital that night and then transferred to a mental health facility today. The perpetrator made bail and is free to do whatever he wants to.
Customer: replied 12 months ago.
We can't visit until she has been evaluated.
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

Was she held at the local hospital against her will?

How badly was she injured in the domestic violence incident?

Do you know when the 72 hour hold started, from what point?

Customer: replied 12 months ago.
I haven't talk to her. He was incarcerated that night and had a bond hearing this morning. The way I read the law.....a court order is required for the hold. A judge signed off on the police report.
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

Was there a court order for the 72 hour evaluation of your daughter?

Customer: replied 12 months ago.
Based on her comments to the police officers that responded to the incident and the initial reports of the mental health providers of the local hospitals. A decision was made with no representation.
Customer: replied 12 months ago.
She is involved in a situation that is over her head. The longer she has to rely on her limited experience in a system where "context" means everything......the harder it is gonna be to get her out of it.
Expert:  Alex J. Esq. replied 11 months ago.

Thank you for your follow up.

I have further researched this issue and unfortunately, it appear that 27.65 Title 27, Article 65, of the Colorado Revised Statutes clearly states that for a 72 hour hold, the person does not have the right to appear in court or have legal representation or for a court hearing to be held in order for the judge to sign such order and the orders are issued ex parte (without the person being committed or his/her legal counsel being present at the court hearing).

So, given the law, it would appear that there is not much that can be done when it comes to an adult patient, aside from hiring an experienced local attorney and this local attorney under the law should be given visitation with the patient at any time.

Once 72 hour hold is over, then in most cases 3 things can happen and they are as follows:

1) Patient is released

2) Patient converts to volunteer admission

3) Hospital files a petition for a 90 day hold and the patient and his/her legal counsel will have the right to a court hearing and to be present in court when the matter is decided.

I wish you the best of luck!

Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your phone request, it seems your payment did not go through. Please double check. Thank you again.

Expert:  Alex J. Esq. replied 11 months ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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