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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102523
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My brother has just been admitted into an outpatient rehab

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My brother has just been admitted into an outpatient rehab facility for heroin abuse. He is 26 years old and we've been dealing with some sort of drug addiction with him for years. This is the first time that he has decided on his own to get help. My dad and I are paying for the treatment at a Ft. Wayne facility, but a huge part of his recovery is going to be my mom and the fact that she needs to stay as far away from him as possible. She enables him and is responsible for a whole laundry list of things wrong with him (and me for that matter). She's toxic. Is there any way that my dad and I could get a restraining order against her for the time that he is in treatment?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your brother's situation.

Is there any way that my dad and I could get a restraining order against her for the time that he is in treatment?

Yes, but this involves first filing in Court for your brother if he refuses to act himself to keep her away. What you or your father may do is file for adult guardianship of your brother in the Court. See here for an overview of the doctrine. In essence, you file if a relative of yours cannot take care of themselves. Then, the Court appoints you or your father a guardian and your brother becomes a ward. If so, then you may make decisions for him and override any of his decisions, much like a minor child and parent relationship.

While adult guardianship is usually used for adults who have mental disability, it is not unheard of - nor really unusual - to file for someone who has a debilitating drug addiction. If he signs off on it, that would make it much easier. If he does not, a hearing must be held and you would have to convince the Court that he cannot take care of himself (which arguably, he cannot).

Once you have guardianship, you can keep her away, and file a restraining order on his behalf if need be.

An attorney is recommended. May I recommend the Indiana Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

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Customer: replied 4 years ago.

Thank you so much! That's a huge help.

You are welcome and best of luck.