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How can I protect myself from my family Baker acting me or locking me up prior to my chance to fight against Marchman Act in FL?

Boynton Beach, FL |

I was in treatment 4 times for alcohol. Alcoholism is a disease of mind/body and an alcoholic will not get better/stop until THEY are ready. My father recently Baker Acted me. Unfortunately I reached point of willingness to heal and move forward and accepted the truth - Due to my history family doesn't trust or believe me and my dad is an attorney and family uses law to threaten me. I am trying to do this correctly and sanely; however the added "help" from family is hurting and making it worse for all. What I need is what I'm doing - AA, church/prayer, changing lifestyle, etc. -----me being locked up doesn't work/help. Please advise how to proceed as well as my rights without parental control. Now sober and not a danger to myself or others. Want my life/career.

Attorney Answers 3

Posted

They best way to fight is to hire an aggressive attorney, hopefully, someone who knows about addiction.

R. Jason de Groot, Esq., 386-337-8239

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Posted

Does your family threaten you when you are sober? If they do not, then your sobriety is key to avoiding legal problems. Fortunately or unfortunately, you can be subject to different types of involuntary help if you are engaging in activity that is dangerous to yourself or others. You are lucky to have people in your life that care enough about you to insist that action is taken actively to control your disease. And if you want a life/career, how is what they are doing stopping your and/or affecting your career? It would seem that sobriety would be the best for you. Good luck!

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Posted

You do not mention your age, but list parental control when asking about your rights. How old are you and are you currently seeing a substance abuse counselor?

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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4 comments

Asker

Posted

Thank you for your response. I am 40 years old and normally threats are when not sober however I am sober and threats still come and in response to why it isn't good is they are not helping due to their anger and resentment. I am working with therapists, sponsors, and other sober support and opposed to family that thinks their love and concern helps which to an extent it does but not when there are constant threats anger, pointing fingers, telling me negative things about what I have done; etc, etc. This does not allow me to move forward and focus on sobriety and career and healthy life due to added anxiety, pressure and unneeded emotions and negativity. Advice?

Carin Manders Constantine

Carin Manders Constantine

Posted

Since you are dealing with a Baker Act, were you ever given a Public Defender? Your problem is that until you can live alone and support yourself, your family will continue to supervise you, especially if you are financially still tied to them. My only advice is to talk to your sponsors and see what advice they have. A criminal attorney might be able to help, but family lawyers rarely stay up to date on the laws that concern civil commitments. Best of luck to you.

Asker

Posted

The question was posed to me above - how is what they are doing stopping me from living life/career? It is difficult enough dealing with getting and staying sober and positive without minute to minute reminders of how I have messed up and they hope this is the last time and why do you do this we have heard this all before.... I understand my actions have affected the entire family and I now realize this; however, like the boy that cried wolf now that I am actually no longer in denial and have reached age that I realize alcohol was having a negative impact on my life as well as my loved ones, they don't believe me or trust me. Their doubt is definitely warranted. Nonetheless this doubt and build up frustration on their side does not create the correct environment for me to get life/career on track because I feel at constant mercy to them. They make threats, baker act me ad take my car away that I paid for while I was locked up, list goes on. Meanwhile I'm trying to interview follow up with recruiters and calls from financial firms but am doing so with one hand tied behind my back so to speak. Hopes this helps clarify things further. And as for car - no I do not have any DUI's, a criminal past or anything of hat nature. However I do have repeated treatment as well as resistance going for long term lockdown and I know what does and doesn't work for me to stay sober and make the correct decisions - with the exception of walking on constant eggshells even when sober and doing the right thing for me, my future and my family - if I don't say or do everything perfectly then its an excuse to say I need help - meaning "their way". I am getting help from professionals that know how to handle these situations (counselors, therapists...) without judgement or emotional ties. However legal issues with Baker and/or Marchman are an issue and my father is an attorney so he's ready to file (pounce) at appends notice. He's an attorney in another state not Florida but he has ways around that as I'm sure you both know/understand....now what?

Carin Manders Constantine

Carin Manders Constantine

Posted

I cannot answer this question. I do not have any legal experience dealing with the Marchman Act or the Baker Act. It sounds like you need to talk to a criminal attorney.