Legal Question in Civil Rights Law in California

Restraining orders in hospitals

We were told by the police office that we could serve a restraining order to the accused while he was in the hospital. The physician said not that it was up to him if we could do so, and if we tried while he was still in the hospital the doctor would have us removed from the premisise. Now the insane family member is being released and we were unable to serve the restraind order. Please advise who is correct on this matter.


Asked on 7/16/07, 6:26 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Restraining orders in hospitals

If the restrained person is insane, do you really expect him to obey a restraining order? What is the point of getting a restraining order unless you are going to have him criminally charged with violating the order, and, if he is insane, how can he be found guilty of the crime of violating a restraining order? He would be found Not Guilty By Reason of Insanity. If you still believe it will be useful to have this individual served with a restraining order, hire a professional process server (thereby outsourcing some of the madness).

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Answered on 7/16/07, 6:52 pm
Terry A. Nelson Nelson & Lawless

Re: Restraining orders in hospitals

Doesn't matter who was right. If the RO is not served, it is not effective. Get it served if you think it will do you any good against an 'insane' person.

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Answered on 7/16/07, 7:24 pm


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