The Goal of Civil Commitment
When there is a civil case against a person who is a threat, the primary goal is to protect the citizens of the city or state and remove the danger from them. The protection may also be extended to the individual or patient. The individual is deprived of their freedom because they are committed to a facility or an organization for the duration and even involuntary commitment. These situations will generally be governed by specific laws. These laws and rules exist to protect due process rights and individual freedoms.
Individuals Civilly Committed
The eligibility for civil commitment depends on the regulations of the state. Some general conditions may apply. These factors include mentally or physically ill people or those who are physically or mentally incapacitated. Many people are addicted to drugs and other substances, whether they are prescribed or controlled. A sexually violent predator of any age is a particularly dangerous individual. However, protection should be given to minors who are harmed by such predators. All of these individuals are eligible. However, the state can also include or exclude certain groups depending on the statistics or precedence in the area.
The Civil Commitment Process
Different statutes are based on state and may have different rules. However, there are generally general guidelines that will be applicable no matter where the person is located. A person who could be subject to civil commitment might have committed a crime, and will then face a judge and a court. A judge may learn about the person’s condition, which could result in a case against them. The facts of the case are then passed to the south surrey divorce lawyer representing the defendant. A professional, such as a psychologist, will review the details and decide how to proceed based upon the information.
The Next Step
Similar to a criminal case, the court will hear both sides’ arguments. The court will then decide whether the person should be admitted to a civil commitment treatment facility or if they will continue free of medication. The judge can use the information provided by the mental health professionals to place the person in the facility until they determine that the individual can manage their condition on their own.
Hiring a lawyer
A lawyer is required to represent a person facing possible civil commitment by the state. These cases can result in a loss or restriction of freedom within the home until the facility manager or mental health professional determines that treatment has been successful. To protect their rights, the person will require a lawyer in these situations. These circumstances can make it necessary to seek treatment on your own with a professional approving the individual’s care or a referral to a facility for outpatient care.
The majority of states allow the prosecutor and law enforcement to temporarily confine the individual in a local or County jail or in a facility that is specialized in mental health. To get out of the facility or defend against civil proceedings, the person being held in such circumstances will require legal assistance. Temporary confinement is especially harmful if the manager discovers something that will require the person to be kept long-term, or that will require special treatment. This will prolong the time the individual will remain at the facility and allow them to receive treatment even though they are not voluntarily.
Legal Support for the Civil Commitment Process
A lawyer should be hired by a person facing civil commitment to protect his or her rights against confinement. A lawyer can investigate the matter and provide alternative options to civil commitment to a judge.