Legal Question in Family Law in Florida

I have an acquaintance in Florida that I believe and have documentation that they have and will continue to hurt others and possibly themselves. This person has not been officially diagnosed, but after talking with a couple Psychologists they believe this person has a personality disorder that will only devolve and continue to get worse and this person needs to be evaluated as soon as possible. The immediate family is taking advantage of this person currently, and I am very concerned for the safety of everyone that is involved. I have researched the Baker Act, and I am preparing to file the paperwork at the court house and I talked with the Clerk at the Court House, but wanted to know if anyone had experience with this and what I will run into, or how I should be prepared for this. Thanks.


Asked on 1/31/17, 1:12 pm

2 Answers from Attorneys

John Smitten Carey and Leisure

If a person gets Baker Acted they will only be detained for a few days. If nothing has actually happened then it probably will be denied.

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Answered on 2/01/17, 1:56 am
Lucreita Becude Lucreita D. Becude, P.A.

Any time someone is a threat to themselves and/or others, then you need to have them Baker Acted. The ending result is that for 72 hours, they will be monitored and a psychologist/psychiatrist will review them and their case. To be more involved, you should be there after they are interned into the facility and speak to the counselors to express the concern that you have. sometimes you get lucky and there is more than will be done through the State. However, Mr. Smitten is actually correct in his statement to you, rather harsh but true.

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Answered on 2/01/17, 1:22 pm


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