Legal Question in Civil Litigation in California
Manic & Harrassing
I have a relative that is diagnosed as clinically depressed and has recently become manic. She sends emails and leaves voice mail messages to everyone all day, some replete with expletives and threats. I am afraid that her threats of killing people will become real. We have tried to put her in a hospital, only for her friends to get her out. She is an adult so the hospital cannot keep her in. How do we make a hospital keep her in? Is there any kind of protection order or legal way to keep her from harassing here family? She is a threat at this point and has destroyed many of her relationships with people.
2 Answers from Attorneys
Re: Manic & Harrassing
Hello!
Under Welfare and Institutions Code Section 5150 (Lanterman Petris Short [LPS] Act) a person can be held for up to 72 hours if they are determined by a psychiatrist and director of institution to be a danger to themselves and or to others. After the 3 day hold, there can be a 14 day hold.
If the person knows what day it is, then they get out!
As far as helping her to keep from harassing, a restraining order will only get her into jail for contempt of a court order. She needs help. A family meeting and pooling of ideas and resources could help.
There is no single answer to your problem. You do not have the control. If family or fried was to attempt to get conservtorship over her, she would "protest" and have an attorney appointed (PVP attorney) who would defeat the conservatorship for her. If she can walk and chew gum, she is competant under the law.
If the threats are perceived as "real" then the smart thing is to call 911 and she will be arrested and charged with terrorist threats which is a felony. From there there is a very slight chance that she can get some help.
There is literally no help available in jail however.
Contact the County Mental Health Department, secure a social worker and make a meeting. Drill down through the County web site and determine what benefits are available through mental health channels.
I have a great deal of experience in this arena. Your problem is is very difficult at best.
I wish you great lock and success. ADVICE: Don't give up on her despite it getting really tough. A broken door is not worth throwing her away.
Sincerely,
Mark Mitchell Geyer
Re: Manic & Harrassing
You've found that a family can not commit a person to the hospital against their will, so the best remaining solution is to try to get a conservatorship over her, with court ordered commitment for treatment. Feel free to contact me if interested in doing so, if the case is in SoCal.
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