Skip to main content

Lawsuit my husband for a Psychological Evaluation.

Lawrence, MA |

Avvo attorneys I have an important question. I will like to know if I can lawsuit my husband to do a psychological evaluation. I highly suspect that he has Paranoid Schizophrenia. He is in denial. He refuse to do anything to help the situation. He talks very incoherent, behaves really abnormal, and he is high suspicious of others. He says that he hates to takes pills. We have a total of 4 children together. This situation is highly affecting my family. I really want to help my husband. He seems to be really delusional, and argues with me and tells me that he is not crazy. He doesn't make any sense every time we talk. It is a safety concern for the family because schizophrenia get worse without any treatment . Please help....

Attorney Answers 3

Posted

If your husband is exhibiting signs of mental illness and will not willingly talk to a doctor or mental health provider about his symptoms, you can go to the district court and fill out an application for a warrant of apprehension. If it is issued, the police will come to pick him up and bring him to a hospital for an evaluation to determine if he is mentally ill and a danger to himself or others.

If he is not both, he will be released. If the examining physician determines that he is mentally ill and a danger to himself or others, he can be temporarily committed to a mental health facility. At that point he would be assigned a court appointed attorney and the facility would have to prove beyond a reasonable doubt that he is mentally ill and dangerous. If not, he would be released and cannot be forced to obtain treatment.

You may want to schedule an appointment with a local mental health or family law attorney familiar with mental health issues to discuss the situation in detail and determine if you want to file something under the mental health law or in Probate and Family Court for divorce, separate support or abuse prevention.

I have changed the practice area to mental health so local attorneys familiar with those procedures might also weigh in on your question.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.

Mark as helpful

4 lawyers agree

2 comments

Michael L Rich

Michael L Rich

Posted

I guess I didn't - Mental Health Law is not an option.

Michael L Rich

Michael L Rich

Posted

"I guess I didn't" change the Practice Area to Mental Health Law that is.

Posted

Not based on what you said.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Mark as helpful

Posted

Attorney Rich is absolutely right. If your husband is not willing to be evaluated on his own, you would have to request that a court order him to be evaluated. If you decide to do this, you must be very specific about the safety concerns you have, including specific behaviors / statements he has made that show dangerousness both as to himself and also as to you and your children. The police would remove him and, as stated, if he is not deemed to be a danger to himself and others, he would be released. If he is deemed to be a danger to himself and others, he could still be released in fairly short order. This is a very difficult situation for you. If he is not held, or if he is held and later released without being treated, he will no doubt be very upset and angry at you for initiating the proceedings. It could become dangerous for you. Again, as attorney Rich has suggested, you may want to speak with a family law attorney about possible divorce proceedings. If he is not willing or able to help himself, you do not want to endanger yourself or your children. If this seems too much at this point, please at a minimum have him see his primary care doctor. You could go with him or speak with the doctor before the exam to express your concerns. I certainly wish you the best -

Please note: The above is for general information purposes only. It is not intended to establish and does not establish any attorney-client relationship.

Mark as helpful

2 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics