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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....

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Attorney answers 3


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.

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Michael L Rich

Michael L Rich


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

Michael L Rich

Michael L Rich


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


Not based on what you said.

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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.

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