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Involuntarily Committed to a Mental Institution: What Next?

Are You Being Involuntarily Committed to a Mental Institution in Wisconsin - Carlos Gamino

By Carlos Gamino

Unfortunately, many people are threatened with involuntary commitment to a mental health institution – and in some cases, well-meaning friends and family members are successful at seeing it through.

But if you’re involuntarily committed to a mental institution, you still have rights. Working with a caring, compassionate mental health attorney may be the best way to get help.

Involuntarily Committed to a Mental Institution: What Next?

Wisconsin law allows involuntary commitment if police or other authorities have probable cause to believe that the person is mentally ill, dependent on drugs or developmentally disabled, provided that commitment can result in successful treatment and the person is a danger to themselves or other people.

If you have been involuntary committed to a mental health facility, you have the right to get a copy of the petition and detention order that put you there. You also have the right to a written statement that says you have the right to an attorney’s representation, and you definitely have the right to be present at any hearings involving your commitment. You (or your attorney, on your behalf) have the right to question witnesses and call witnesses to help you, and you can testify on your own behalf, as well. Finally, you have the right to a hearing on probable cause for your detention within 72 hours of your arrival at the facility, as well as to a jury trial if you request it more than 48 hours before your final hearing.

Your lawyer can walk you through all these rights and explain your options, and he or she can call witnesses for you. You don’t have to try to fight involuntary commitment alone – you have the right to legal representation every step of the way.

Do You Need to Talk to a Lawyer About Involuntary Commitment to a Mental Institution?

If you’ve been committed to a mental facility against your will, we may be able to help you – and we can certainly answer your questions and explain what happens next. Call us at 414-383-6700 for a free consultation with a Milwaukee mental health attorney now.

Carlos Gamino

By |2019-11-26T21:26:26-06:00November 26th, 2019|Criminal Law, Family Law|Comments Off on Involuntarily Committed to a Mental Institution: What Next?

Can My Family Have Me Incarcerated or Committed?

Can My Family Have Me Incarcerated or Committed? - Wisconsin Mental Health Lawyers

In order for the state of Wisconsin to send you to jail (other than a short stay while you await trial), you have to be convicted of a crime and sentenced to imprisonment.

However, treatment facilities and hospitals are a little different. Wisconsin’s mental health laws make involuntary commitment and emergency detention, either at the hands of your family or law enforcement, a very real possibility. Law enforcement can detain you at a treatment facility if:

  • Police have probably cause to believe you are suffering from a mental disorder
  • You are dependent on drugs
  • You are developmentally disabled
  • Your mental condition can be improved with treatment
  • You are a danger to yourself or others

It all becomes a gray area that can put you in front of a judge when your family wants to have you committed.

Your Family’s Petition to Have You Committed

In order for your family to have you committed in Wisconsin, they must file a petition for examination with the court. It takes three adults (and one of them must have personal knowledge of your conduct) to file this petition.

In order for a judge to order a psychiatric evaluation, which may result in institutionalization, there has to be sufficient evidence that you need involuntary treatment.

What to Do if Your Family Wants You Committed

If you find out that your family wants you committed for treatment for any reason, it’s in your best interest to talk to a Milwaukee mental health treatment lawyer. Your attorney will make sure that your rights are preserved throughout the entire process.

You have the right to a copy of the petition and the detention order, and you have the right to be present at all of your hearings. Your attorney can question witnesses or you can question them; you can also testify on your own behalf and call witnesses who can testify on your behalf.

For most people, it’s best to talk to a lawyer right away. The sooner you retain an attorney, the better chance you have at successfully refuting your family’s claims.

By |2021-07-31T17:03:01-05:00November 19th, 2019|Criminal Law, Family Law|Comments Off on Can My Family Have Me Incarcerated or Committed?

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