Legal Help For Baker Act Cases In Orlando

The Baker Act lies at the heart of Florida’s legal framework for supporting those with mental illness. Its key provisions are there to facilitate what, in many circumstances, is a life-saving legal intervention: a Baker Act hold, in terms of which a person who is experiencing a mental health crisis can be taken into custody for an involuntary psychiatric evaluation and stabilization. Unfortunately, the Baker Act is sometimes used improperly and can lead to the months-long involuntary treatment of people who do not meet the Act’s criteria and who would be better served by outpatient services.

If someone you love has been wrongfully Baker Acted, you must act quickly to ensure their release. The experienced lawyers at Baker Act Attorneys have helped countless families navigate this distressing situation and are available 24/7 to do the same for you. We fight passionately for the release of individuals who have been wrongfully Baker Acted, and offer you exceptional legal support throughout this challenging process.

What Is Florida’s Baker Act?

The Baker Act is a legal tool that allows doctors, judges, and law enforcement to initiate the involuntary examination of a person experiencing a mental health emergency, such as a psychotic episode or feelings of suicidality. Placing the person in custody and delivering them to a facility to undergo an evaluation and assessment allows for their condition to be stabilized and for a plan for their future treatment to be determined. In many cases, once a person has been stabilized, they can be released into the care of family and continue their treatment using outpatient services.

Who Can Initiate An Involuntary Baker Act Hold?

A Baker Act hold can be initiated in one of three ways: 1) by the court, following a petition for involuntary examination filed by a concerned person or family member; 2) by a law enforcement official who exercises their discretion to take a person into custody on grounds that they meet the Act’s requirements for involuntary examination; or 3) by a qualified professional who has recently examined a person who meets the Act’s criteria and decides to issue a certificate initiating the involuntary examination process. In all cases, the person may be taken into custody and delivered to the nearest designated receiving facility for evaluation by a mental health care professional, such as a psychiatrist, physician, or clinical psychologist. A person may only be held for involuntary examination for a maximum of 72 hours. If the facility determines that further assessment and stabilization is necessary, they must file a ‘petition for involuntary placement’ within this 72-hour period, accompanied by clear and convincing evidence that the person requires further psychiatric care.

Unfortunately, in many cases, individuals are held for much longer than 72 hours without legal basis, or are denied their rights to a hearing challenging their involuntary placement. Regardless of how your loved one’s Baker Act hold has been initiated, it is crucial that you contact Baker Act Attorneys immediately to ensure that your loved one is afforded due process and released as soon as possible.

Criteria For Involuntary Evaluation

A Baker Act hold can only be validly initiated when the person who is being held for involuntary examination meets certain criteria. Specifically, the person must be mentally and/or emotionally impaired as a result of mental illness, and because of this impairment:

1. They have lost touch with reality, or cannot cope with the demands of day-to-day living;
2. They are unable to discern whether they require treatment, or they have refused psychiatric treatment entirely; and
3. Without an involuntary examination and treatment, there is a real risk that the person will imminently cause serious harm to themselves or others; alternatively, without examination and treatment, the person is likely to suffer neglect that poses a serious threat to their well-being, and this risk cannot be overcome with a lesser intervention e.g. staying with family.

In each case, there must be a good reason to believe that the above criteria have been met. For example, if a law enforcement officer decides to Baker Act someone, they must have observed firsthand behaviors that meet these criteria. If a court is to grant a petition for involuntary examination, it must be persuaded by evidence provided through witness statements or medical reports that the aforementioned criteria have been met.

Common Cases Of Wrongful Baker Acts In Orlando

Although the Baker Act saves many lives each year and is undoubtedly an important legal tool for helping those with mental health issues, it is also frequently misused. The team at Baker Act Attorneys routinely encounters cases of improper Baker Act holds in Orlando and throughout Florida. It is not uncommon for law enforcement officials to take an individual’s behavior out of context and subject them to a Baker Act hold even when they do not meet criteria, or for medical professionals to initiate the involuntary examination process simply because a person is exercising their right to refuse certain types of medical treatment.

Even in cases where involuntary examination was initially justified, we find that the process is commonly abused by unscrupulous facilities that attempt to hold individuals for longer than the 72-hour period so that they can claim exorbitant medical fees. Based on our experience, the best thing you can do for a loved one who has been Baker Acted in Orlando is to call a reputable Baker Act attorney as soon as possible.

How Can A Baker Act Attorney Help Me Challenge An Involuntary Baker Act Hold In Orlando?

Navigating the complex provisions of Florida’s mental health laws can be overwhelming at the best of times, so it’s the last thing you want to be doing when you are trying to help a loved one who has been Baker Acted. To secure the quick release of your loved one, you need to hire attorneys who have an in-depth practical knowledge of the Florida court system, formidable legal and negotiation skills, and a passion for vindicating the rights of those who have been subject to unfair processes.

You will find all this and more at Baker Act Attorneys, where our exceptional team of mental health lawyers has built their careers on helping families in Orlando and across Florida to challenge involuntary Baker Act holds. Once you contact our team, we will develop an effective strategy for obtaining your loved one’s release based on their particular circumstances. This may include one or more of the below.

Filing a writ of habeas corpus

This is a special legal procedure that requires the facility to prove to the court that there is a valid legal reason for your loved one’s continued involuntary confinement and treatment. If there is a hearing (we can frequently secure release without a hearing), we will demonstrate that the facility has violated your loved one’s procedural rights and is continuing to hold them without justification, and will argue forcefully for their release.

Challenging the petition for involuntary placement

If the facility has already filed a petition for the involuntary placement of your loved one, we will challenge the facility’s claim that involuntary placement is the most appropriate treatment. Using medical reports, witness statements, and other relevant evidence, we will persuade the court that the petition should be denied and your loved one released.

Experienced Baker Act Attorneys Are On Standby To Help Orlando Families

If someone you love has been subject to a Baker Act hold in Orlando, it is crucial to act fast. The team at Baker Act Attorneys is ready to work around the clock and pursue all legal avenues available to ensure your loved one’s immediate release. Our leading Baker Act attorney has helped countless Orlando families challenge wrongful Baker Acts and will approach your case with the sensitivity, compassion, and dedication it deserves.

For exceptional legal support in your hour of need, call us today at 855-429-0074, and we’ll help you schedule a confidential consultation.