The Difference Between 5150 and 5250 Holds

The difference between 5150 and 5250 is that a 5150 is a 72-hour involuntary psychiatric hold for evaluation and treatment, while a 5250 can be extended up to 14 days if needed. Many people use 5150 vs 5250 interchangeably, but they are two entirely different holdings.

At Simmrin Law Group, our dedicated 5150 Holds Lawyer team and 5250 Holds Lawyer team are here to provide comprehensive legal support for individuals and families navigating the complexities of involuntary psychiatric holds. Whether you’re dealing with an initial 5150 hold or a longer 5250 hold, our experienced attorneys are equipped to answer your questions and guide you through the process.

We understand the emotional and legal challenges associated with psychiatric holds, and we’re committed to protecting your rights and ensuring fair treatment under the law. Get in touch with our team today for personalized assistance and detailed information tailored to your situation. Let us help you take the next steps with confidence and clarity.

What Is a 5150 Hold?

A California Code, WIC 5150 hold occurs when officers take people into custody and place them in an involuntary treatment facility for a 72-hour hold. Before a 5150 hold can be applied to a situation, one or more of the following requirements must be met:

Option 1: You must be considered a danger to yourself due to your mental health condition, which often means you must have threatened to hurt yourself or attempted to harm yourself. In some cases, people have made an effort to die by suicide.
Option 2: You must be diagnosed with a severe mental health condition that makes it either difficult or impossible for you to provide your own basic needs currently.
Option 3: You must be considered a danger to others or the public due to your mental health condition. In other words, you must have threatened or attempted to cause physical bodily harm or death to others, whether that be family members you know or strangers you’ve never met.

After the 72-hour hold time limit runs out, there are a number of potential scenarios that could unfold from there, including the following:

You could be released from the mental health treatment facility.
You can agree to accept voluntary treatment for your mental health condition.
You may need to attend a 5250 Certification Review Hearing.
You might be referred to the Office of the Public Guardian.

What Mental Illnesses Qualify for a 5150 Hold?

A 5150 hold can be placed on people if they are experiencing a mental health crisis due to a suspected mental health disorder that is likely to result in harm to themselves or others. The most common mental illnesses that may lead to a 5150 hold are as follows:

Schizophrenia: This is a severe mental illness that can cause disturbances in a person’s thoughts, perceptions, emotions, language, sense of self, and behavior.
Bipolar disorder: This mental illness is characterized by extreme mood swings ranging from mania and hypomania to depression. During manic episodes or depressive phases, people may be at a greater risk of harming themselves.
Major depressive disorder: Persistent feelings of sadness and an overall lack of energy that lasts for weeks can impact people’s ability to function normally. The risk of suicide is higher during major depressive episodes.
Borderline personality disorder: As a mental illness that causes a pattern of ongoing instability in interpersonal relationships, self-image, and emotions, people with borderline personality disorder might experience suicidal behavior, self-harm, and impulsivity.
Post-traumatic stress disorder: PTSD can cause the development of symptoms like flashbacks, nightmares, or anxiety after experiencing or witnessing a traumatic event. The risk of suicide may be higher for people exhibiting periods of severe symptoms.

For a free legal consultation, call (310) 896-2723

Areas Where We Provide 5150 Hold Legal Services

If you or a loved one has been placed on a 5150 hold in California, understanding your legal rights is critical. A 5150 hold is an involuntary psychiatric detention that can last up to 72 hours if law enforcement or medical professionals believe someone poses a danger to themselves or others due to a mental health crisis. While these holds are meant to provide urgent care, they can also lead to complex legal issues, including wrongful detentions or prolonged hospitalization. At Simmrin Law Group, we provide experienced legal representation for individuals facing 5150 holds across Northern California, ensuring their rights are protected and they receive fair treatment under the law.

What Is a 5250 Hold?

A 5250 hold can be viewed as an extension of a 5150 hold. While 5150 only imposes a 72-hour hold, 5250 holds can last up to 14 days, during which the individual will undergo involuntary mental health treatment.

You have the right to receive written notice as to why you are being held against your will and why mental health professionals are seeking a 5250 hold. You also have the right to speak with a patient’s rights advocate who can help you understand your rights.

You can hire a private mental health attorney to advocate for your interests and help get you released from your involuntary hold as well. Here are the potential outcomes of 5250 holds:

Agree to sign in as a voluntary patient
Receive a referral to the Office of the Public Guardian
Be released from the 5150 hold
Go home early from the 5250 hold

During your 5250 hearing—which is overseen by a neutral third party—healthcare providers and your lawyer can both introduce evidence to support your case. However, the hospital can also work to prove that there’s probable cause to continue holding you involuntarily.

What Often Causes a 5250 Hold?

A 5250 hold differs from a 5150 hold in that the former occurs when medical professionals decide that a person who was placed under a 72-hour 5150 hold still cannot care for themselves safely.

The person may also be unwilling to accept voluntary treatment or continued care. The following situations may lead to a 5250 hold:

The person is not following the recommended treatment plan, including refusing to take necessary medication during the initial 5150 period in the hospital. This indicates they will likely get worse without involuntary treatment.
Medical evaluations determine the person’s mental illness is still acute, and their symptoms are severely impacting their ability to function or make rational decisions about care.
The person expresses intentions to stop treatment or leave the hospital against medical advice before the end of the 5150 hold, which may suggest that they are unwilling to continue receiving voluntary care.
Acute risk factors—like recent suicidal attempts or threats, violent behavior, inability to meet basic self-care needs, and dangerous beliefs rooted in delusion—are still present. The person is likely to cause harm without an extended involuntary hold in the hospital.

How Can You Get Released From an Involuntary 5150 Hold?

The mental health treatment facility or hospital where you’re staying must release you after the 72-hour hold if they no longer believe you are a threat to yourself or others. They also have to let you leave if you no longer require additional mental health treatment.

Suppose there’s a situation where you are not released within 72 hours. In that case, you have the right to a Certification Review Hearing, at which point the treatment facility will attempt to convince a neutral third party.

This party will determine if there’s a reason why you should be held for 14 days and receive additional treatment during that time. With help from a lawyer, you can file a writ of habeas corpus to challenge the involuntary hold if desired.

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Contact Our Law Firm for Representation From a Burbank Mental Health Lawyer

No matter why you were taken into an involuntary hold, you have rights. When you need someone to advocate for you, Simmrin Law Group is here to help. We can make it a point to protect you during a time when you’re especially vulnerable.

If this sounds like your situation, do not hesitate to contact an attorney. When you call our law firm, we’ll tell you more about us, and together, we can discuss your legal options. We know that being placed on a 5150 or 5250 can be a scary experience, but we’re here for you.

Call or text (310) 896-2723 or complete a Free Case Evaluation form

What’s the Difference Between 5150 and 5250?