Hi, have a 27 year old son who's mentally ill and lives with me, his condition has gotten worse to the point that he's threatening neighbors and myself. He refuses to voluntarily seek treatment. This past Friday had to call 911 as he came after me to where i had to barricade myself in the bedroom. Through a Magistrate court order I had him picked up and taken to the Hospital. The Hospital is not providing any information as to his condition or projected release because of privacy laws. At this point, I don't want him in the house anymore as I don't feel safe, he really needs to be institutionalized. Should I get a restraining order against him? I reside in the state of North Carolina.
Optional Information: Country relating to Question: United States State (if USA): North Carolina Already Tried: I have been to Social Services,in order to get him commited to an institution, they need a written statement from a Dr. stating his condition and diagnosis. this is the third time this year he has been picked up and taken to the hospital,only to be realeased the following day with a diagnosis of mood disorder and to seek psychiatric help, he is presently in the hospital, has been there since Friday, since I can't get any information, I fear he will be released,and come after me again.
Thank you for the post, I am happy to assist you by answering your questions. Are you your son's legal guardian or has he not yet been declared mentally incompetent?
I'm not his legal guardian, he just lives with me, has not been able to hold a job for three years, has accumulated mountains of debt, state and Federal, credit cards, student loans, court fines on and on.
Thank you Alfredo, yes you should obtain a restraining order against him. I understand that this may be a painful solution as you do not want to take such action against your son, but in light of the threat of harm you are well within your rights to do so. Additionally, you should contact his treating physician to alert him of your intention with the objective that the physician will keep this in mind when determining what is in your son's best interests for a treatment plan (i.e. extended commitment). Please let me know if you need additional guidance.
How do i go about getting a restraining order?
If you tell me in what county you live I can advise more specifically.
Cumberland County
Thank you, XXXXX XXXXX the form you would complete: http://www.nccourts.org/forms/Documents/696.pdf Once completed,you would take the form to the court clerk's office located at Cumberland County Courthouse,XXXXX Fayetteville, North Carolina, 28301 (Monday through Friday, 8:00 a.m. - 5:00 p.m). Please let me know if you have any follow up questions or need additional guidance.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.