When someone is taken to a hospital against their will for mental health reasons, it is called an “involuntary hold.” This means they didn’t choose to go there. It can feel confusing and scary for both the person and their family. But the good news is that you can challenge an involuntary hold if you believe it is not fair or not needed.
In this blog, we will explain how to challenge an involuntary hold in a very easy way. We’ll break it down step by step. You’ll also learn how a lawyer can help you.
What Is an Involuntary Hold?
An involuntary hold is when a person is placed in a hospital or mental health center because someone believes they are a danger to themselves or others. In Florida, this is done under a law called the Baker Act.
But not every hold is done the right way. Sometimes, mistakes happen. If you think the hold was not needed, then you have the right to challenge an involuntary hold.
Who Can Place Someone on a Hold?
Do you want to know who can start an involuntary hold? Then, read below.
- Police officers
- Doctors
- Mental health professionals
- Judges
They must believe that the person is having a mental health crisis. Still, they must also follow the law. If they don’t, the family can learn how to challenge an involuntary hold and take legal action.
When Can You Challenge a Hold?
You can challenge an involuntary hold right away. If someone you love was taken without a good reason, you should act quickly. It’s best to speak to a lawyer as soon as possible. This is because a lawyer will tell you how to challenge an involuntary hold in court and help get your loved one released if the hold is not legal.
Signs the Hold May Be Wrong
There are times when the hold may not be fair or legal. So, do you want to know some of the signs? Then, read below.
- The person was calm and did not hurt anyone
- The staff refused to give answers
- No real danger was shown
So, if you notice any of these signs, it’s time to challenge an involuntary hold.
How To Challenge An Involuntary Hold (What Steps Should You Take First?)
Do you want to know how to challenge an involuntary hold? Here’s what you should do first:
- Contact a lawyer who understands Baker Act cases
- Stay calm and gather facts
- Ask for medical records
- Speak to the doctors or hospital staff
- Write down everything you remember
What Can a Lawyer Do for You?
A lawyer can make the whole process easier. When you decide to challenge an involuntary hold, having a lawyer is a big help. They know the rules, the laws, and what steps to take.
So, do you want to know how they help? Then, read below.
- Talk to the hospital
- Get court documents
- File a request to review the hold
- Go to court with you
- Speak up for your rights
What Happens After the Hold Ends?
Once you challenge an involuntary hold and win, your loved one will be released. But the process does not stop there. The person may still need support and care. You can help them:
- Get follow-up therapy or counseling
- Create a care plan
- Stay in contact with doctors
- Keep records of what happened
This helps make sure that it doesn’t happen again without good reason.
What If the Hold Was Legal?
Sometimes, after you learn how to challenge an involuntary hold, you may find out that the hold followed the law. If this happens, don’t feel discouraged.
So, do you want to know how the process still helps you? Then, continue reading.
- Learn your rights
- Understand how things work
- Get your loved one the help they need
A lawyer can still help you understand the outcome and make a plan.
Why Acting Fast Matters
Time is very important when someone is placed on an involuntary hold. The faster you act, the more power you have to challenge an involuntary hold. This is because if you wait too long, it can make things harder.
But why do you need to move fast? Let’s find out.
- The hospital may keep your loved one longer
- It gets harder to collect facts
- You may miss the court hearing
Calling a lawyer quickly gives you the best chance to win.
Let Talmadge Law Firm Help You Today
Now that you know how to challenge an involuntary hold, it’s time to take the next step. You don’t have to do this alone. The team at Talmadge Law Firm understands your pain, your fear, and your confusion. They are experts in Baker Act cases and will fight for your rights. So, don’t wait any longer! Visit our website to connect with a caring legal team that knows how to help.
