If a person has threatened to kill someone in his family, and he's put on a 72-hour hold, can the system just release him right back to his family?
Asked by
Jeruba (
56106)
December 21st, 2018
This is not a question about restraining orders, tough love, or setting boundaries.
This is a question about police and mental health cases and standard procedure.
I need to know if a person who’s made credible death threats can be let out and just go right back to the home where he made the threats.
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6 Answers
The question confuses me. Can it happen? As you know, It happens ALL THE TIME. And the reason is that there is no single system or requirement, but a hodgepodge of rules from place to place with an infinite variety of individuals of varying abilities given the latitude to interpret, enforce or ignore regulations.
Is it possible to ask the police or a social service agency if they can be re-comitted? In a situation similar in an eastern state (self-harm) a relative’s son was involuntarily hospitalized after police custody.
The situation is supposed to be evaluated at the end of the hold period. It isn’t the police that are making the decision, it is mental health experts.
But if the threats are not found credible, and the person does not seem to be harmful to self or others, they can be let go and the can go where they wish.
That is why law enforecemnt will usually recommend a restrianing order. Without it, there is not a lot they can do.
Yes it can happen. Like others mentioned, the person is supposed to be evaluated, and you can hope the person doing the evaluation is competent. I wouldn’t count on it though.
Is the person being held a minor? If so, the parent might be able to do something to make sure the child isn’t released.
If the person is an adult, then that’s a different story. Hopefully, if it is not an anger issue, they might be willing to self commit. Sometimes people who are paranoid schizophrenic, who are threatening violence in fear, realize they need help, but I don’t know your specific situation.
You have received good information from @zenvelo and @Tropical_Willie. The mental health clinicians will evaluate the person at the end of the 72-hour hold.
I do not know the law or how it is applied where the person lives. Where I live, it is extremely difficult to get someone committed to a psychiatric hospital.
At some point, the family must close their home to the dangerous person. This is a matter of safety for the family members, and it requires a TRO. The courts cannot force the family to open their home to a dangerous family member.
A person with a severe mental illness must commit a crime in most states to be forcefully committed to a psychiatric hospital. If the family in this case obtains a TRO and the dangerous person violates it by committing a violent crime, that person will be committed.
This is a frightening situation for the family. I wish this family the best.
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