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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Can a husband have his wife committed to a Pscy hospital for

Customer Question

Can a husband have his wife committed to a Pscy hospital for fear of her hurting or killing herself?
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.
Hi

Yes, it can be done. It is called an involuntary commitment.

To begin the process you can go to the Clerk of the Court in your county and request the forms to fill out so that a Warrant can be issued to have her evaluated for commitment.

In order to approve the application, the magistrate must find that there is reasonable cause to believe that the person you are trying to commit evidences mental illness or evidences a substantial risk of serious harm to himself or others. Intervention by the Court is necessary because the risk of harm will be imminent unless the person is immediately restrained, and the necessary restraint cannot be accomplished without emergency detention. If the application for a warrant is approved, then a warrant is issued and the local sheriff or constable's office will locate and detain the individual. The sheriff or constable will then transport the individual to a local mental health facility

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

Customer: replied 5 years ago.

Thanks for your help.

she has gone to a place in another county and is staying in a crack house. i have tried to go in and get her but the people there will not let me in.. she called me last night and told me she was going to kill herself.. I have not been able to reach her.

which county clerk do I go to, the one we live in or the one she is in now?

Expert:  Samuel II replied 5 years ago.

Hi

You go to the clerk in the court in the county where she has a legal residence. She will only have a legal residence where she has lived for the past 6 months. They will issue the writ and have the sheriff go and get her. I am sorry you are dealing with this matter.

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

Samuel II and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Ok I went to the County Judge where we live. There said they cant do anything because she is in another county right now and she has done drugs.

I called the county she is in and they said they cant do anything bc she dose not live in that county... What the Hell am I to do now??? shes going to kill herself, I know it.....

Expert:  Samuel II replied 5 years ago.
Hi

Oh Geez. Well, I don't know who you spoke to but I provided you the process to get the Writ. You need to go to the courthouse and fill out the paperwork.
Customer: replied 5 years ago.

So the women in the County Judes office were wrong? even if she is in another county and staying in a house there, i can still get the Writ? We live in Liberty County and she is in Harris County right now..

I will go back up there in the morning and tell them she is back in this county because they said they will not go outside the county to get her..

Expert:  Samuel II replied 5 years ago.
Hi

If you file the Petition, it is up to a Judge to issue the writ or not based on the information you provide. You cannot be dishonest. You need to fill it out with accurate information. The judge is the one who will make the Order and tell the Sheriff to go get her. If she has lived in your county for the past 6 months with her ID reflecting the same, then that is her resident county and that is where you go to get the writ for involuntary committment.

It is up to you to put everything in the Petition Application so that the magistrate/judge will issue it.
Customer: replied 5 years ago.

Okay I will be honest with it all.. This will not be the first time that she has been committied. she was before we started even dating, shes 27 now I thing she was 22 or 23 the last time..

Yes Her DL has our address on it as well as the Texas Att. Gen has it because she pays child support as well...

Thanks for all your help... I am so verry worried about her,,,

Expert:  Samuel II replied 5 years ago.

Hi

 

You're welcome. The more information you provide on the Affidavit, the more chance you have of being successful


If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you