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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 26311
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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HOW TO PETITION THE COURT TO REMOVE A PERSON FROM THE

Customer Question

HOW TO PETITION THE COURT TO REMOVE A PERSON FROM THE COMMUNITY WHO IS A DANGER TO HIMSELF AND A DANGER TO THE COMMUNITY.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Would you mind sharing with me what this person has done? Does he/she have any family or relatives?

Customer: replied 1 year ago.
THE MAN (RW) IS 62 YRS OLD, FATHER HAS TRIED TO OBTAIN A COMMITMENT , BUT HAD NOT SHOWN ENOUGH DANGER. NOW, FW HAS SET FIRE IN HIS HOUSE AND FIRE DEPT RESPONDED @ 4 A.M. (STILL UNDER INVESTIGATION). FW DRIVES A TRUCK AND MOTORCYCLE AND CRASHES THEM INTO TREES. SHERIFF HAS BEEN AT THE SCENE MANY TIMES. NO 5150 HAS BEEN ORDERED.
Expert:  LegalKnowledge replied 1 year ago.

Thank you. Based upon what you shared, it is the police who need to take legal actions. For that to happen, he needs to have committed a criminal act, for him to be charged. Even then, he will not be held against his will, unless there is a legal basis to show and support it. A mental evaluation can be done by the court, but that may only effect his ability to stand for trial. His father would need to proceed through the court, to get him committed, through court order. The police can be called and they can come out but typically, they could only hold him for a few days. What will happen, is that it will get to the point where he commits enough crimes that he will be jailed but unless the father proceeds through the court, civilly, all that can be done is have the police come out and check on this man. I know it is not ideal but a citizen of the community has no standing to have him committed

Customer: replied 1 year ago.
THAT HAS BEEN DONE. IF HE HAS SHOWN TO COMMITTED ARSON, THEN AND ONLY THEN CAN HE BE IMPRISONED FOR THAT CRIME? OTHERWISE, WE HAVE TO PROTECT OUR DOMAIN IF FW EXHIBITS AGGRESSION THAT IS A DANGER TO ME AND MY FAMILY.
Expert:  LegalKnowledge replied 1 year ago.

If charges with Arson, he could face jail or even prison time. Now, if he posed a threat to you and your family, you could take action to defend your selves as needed. Ideally, if he were to come on the property, you call the police. If he tries to enter the home and harm you, that is a different story but in either case, would lead to additional criminal charges.

Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!