A law enforcement officer or healthcare professional must have probable cause to place you on a 5150 mental health hold. There are certain criteria that must be met for a 5150 to be enacted. If these criteria are not followed, an individual may be eligible to take legal action against an at-fault party due to an improper 5150 hold.
Simmrin Law Group is a California law firm with plenty of experience with 5150 holds. Connect with an attorney from our team. Once you do, we can answer any questions you have about 5150 holds and similar topics.
What Is a 5150 Mental Health Hold?
A 5150 is a 72-hour involuntary mental health hold. You can be placed on a 5150 at any time. The hold can be enacted for any of the following reasons:
- You are a threat to yourself.
- You are a threat to others.
- You are dealing with a grave disability that impacts your ability to care for yourself.
In a 5150, you are placed under the care and supervision of a mental health treatment facility. You are required to follow the treating facility staff’s instructions for the duration of your hold. Failure to do so can make it difficult to get released following your hold.
What Happens After a 5150 Hold?
The outcome of a 5150 varies based on the patient. If you respond well to mental health treatments during your hold, the treating facility’s staff may see no reason to keep you at the facility. This may allow you to get released from your hold.
Comparatively, if you are not cooperative or disruptive to the treating facility’s staff or other patients, you may be subject to additional treatments. When your 5150 hold ends, a Certification Review Hearing is conducted. This hearing can be used to determine if a 5250 hold or conservatorship may be required.
A 5250 is a mental health hold that lasts up to 14 days. Meanwhile, an Office of the Public Guardian investigation can be requested that may ultimately lead to a conservatorship in which all decision-making power regarding your mental well-being is given to someone else. There is also the option for you to voluntarily choose to continue mental health treatments after your 5150.
What Should I Do if I Am Placed on an Improper 5150 Hold?
It can be challenging to contest a 5150 mental health hold once it goes into place. With help from an attorney, you can dispute the hold. Your lawyer will make sure your legal rights are protected.
A 5150 holds attorney in California understands the complexities of the legal system. The lawyer works diligently to try to get you out of your 5150. If you complete the entire 510, your attorney will ensure that you receive legal representation during a Certification Review Hearing.
In instances where your legal rights are violated due to an improper 5150, your attorney will make sure anyone that did so is held responsible. Your lawyer will learn about your hold, why it was enacted, and how your legal rights were violated. Next, your attorney will build a compelling case against anyone that contributed to your improper 5150 hold.
How Can I Prove that I Was Placed on an Improper 5150 Hold?
An attorney can help you prove that you were placed on an improper 5150 hold. This requires a look at your legal rights and whether they were violated. Legal rights you have after you are placed on a 5150 include:
- Right to attend a Certification Review Hearing if treating facility staff want to keep you under its care and supervision for more than 72 hours
- Right to hire a lawyer and present evidence to support your claims during the hearing
- Right to a written notice that explains why you were placed on a 5150
- Right to work with a patient’s rights advocate
If you were not given any of these rights, you may have a valid argument your 5150 was improperly implemented, or additional mental health treatments are not warranted. Your attorney can help you build your case around any rights violations. When doing so, your lawyer will work in lockstep with you to ensure you can make a compelling argument.
Can I File a Lawsuit Due to an Improper 5150 Hold?
There have been times when individuals have filed lawsuits due to improper 5150 holds. These lawsuits have been filed against treating facilities, law enforcement officers, and healthcare professionals. Some of these lawsuits have helped people who had their legal rights violated during the 5150s receive thousands of dollars in damages.
An attorney can help you file a lawsuit against any at-fault parties involved in your improper 5150. Prior to submitting your lawsuit, your attorney will help you determine an appropriate amount of damages to request. In addition, your lawyer will make sure your lawsuit is filed in accordance with California’s statute of limitations.
After your lawsuit is filed, you and your attorney can work together to gather evidence to support your request for damages. It may be months before your lawsuit goes to trial. During this period, your attorney will help you make your case as strong as possible.
When Will I Find Out if I Will Receive Damages Due to an Improper 5150 Hold?
Any at-fault parties in your improper 5150 hold lawsuit may pursue a settlement before your trial date. In this scenario, a defendant in your case may propose a settlement. You have the option to accept, reject, or counter this offer.
If you do not approve a settlement, your case goes to trial. At this point, you and your attorney present evidence to a judge or jury. The defendant in your case shares evidence to try to dispute your claim.
A judge or jury weighs all of the information provided by a plaintiff and a defendant. If a judge or jury finds your request for damages is valid, it will award you compensation. When this happens, you receive compensation for your improper 5150, and your case is closed.
Where Can I Get Legal Assistance with an Improper 5150?
Simmrin Law Group can help you deal with the ramifications of an improper 5150. To learn more, please contact us today.