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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118200
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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HOW DO I DEFEND MYSELF FROM BEING FORCEFULLY PUT INTO A

Customer Question

HOW DO I DEFEND MYSELF FROM BEING FORCEFULLY PUT INTO A PSYCHIATRIC HOSPITAL BE MY DOCTOR?
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First off your doctor can only forcibly commit you against your will for 72 hours, after that a court order is required. So, what you need to do to stop him is you need to have an attorney to file for an injunction against you being involuntarily committed and you must have a doctor who will come to court and testify that you are not a danger to yourself or others. If you have a doctor that will testify that you are not a danger to yourself or others in court, then the attorney can stop him from involuntarily committing you. You are entitled to a court process before they just commit you though and you are entitled to an attorney as well to protect your rights from false involuntary commitment.
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Customer: replied 8 months ago.
WHAT IF I CANT AFFORD AN ATTORNEY OR LAWYER AND DONT HAVE A DOCTOR TO TESTIFY FOR ME? HOW CAN I DEFEND FOR MYSELF? WILL I HAVE ANY CHANCE OF NOT BEING COMMITTED INTO A HOSPITAL?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

You cannot defend yourself, you are entitled to an attorney to be appointed to you free of charge if you cannot afford one. As far as a doctor, you must have a doctor testify as to your condition and that you are not a danger to yourself or others, the court will not just take your word for it. So you will have to get another doctor to examine you to determine whether or not you are a danger to yourself or others and need to be involuntarily committed. Courts require evidence, which is in the form of expert testimony in a case like this.

Customer: replied 8 months ago.
How do I find another doctor to support me? If i do get committed into a hospital, how long can I be held there?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

You have to look around your city and make an appointment with a doctor to examine you. If you get committed, they can hold you up to 72 hours and then they would need a court order to hold you longer than that.

Customer: replied 8 months ago.
what role does an attorney play in this process??
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
The attorney makes sure your rights are protected and properly presents the evidence and questions the expert witnesses correctly to make sure you are protected.
Customer: replied 8 months ago.
How do I find another doctor to support me?If i do get committed into a hospital, how long can I be held there?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply. I answered this question above already

Customer: replied 8 months ago.
No, you told about what an attorney does, but if i do end up getting committed into a hospital against my will, how long can legally be held there?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply. If you would have looked at the answer before the attorney answer it was there, but I will copy and paste it here again for you:

"

Customer

How do I find another doctor to support me? If i do get committed into a hospital, how long can I be held there?

1 Jan 2017, 12:13 PM

Me

Thank you for your reply.

You have to look around your city and make an appointment with a doctor to examine you. If you get committed, they can hold you up to 72 hours and then they would need a court order to hold you longer than that."

Customer: replied 8 months ago.
what happens if they get a court order??
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

If they get a court order they can hold you in a facility for treatment until the doctors determine you are no longer a danger to yourself or others.

Customer: replied 8 months ago.
They could keep me there indefinitely?
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply

They can only keep you for as long as they deem you a danger and not able to care for yourself.