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Understanding Dangerous to Self or Others: Legal Definitions and Implications
Definition & Meaning
The term "dangerous to self or others" refers to a situation where an individual poses a risk of harm to themselves or to others. This can include recent threats or attempts of suicide, or actions that could result in serious bodily injury. A person may also be considered dangerous if they are unable to care for their basic needs"such as food, shelter, or personal safety"without assistance. If not supervised or treated adequately, there is a significant chance that the individual may suffer severe health consequences or even death.
Table of content
Legal Use & context
This term is commonly used in various legal contexts, including civil commitment proceedings, criminal law, and mental health law. It often arises when determining whether an individual should be involuntarily committed for treatment due to their mental state. Legal forms and procedures related to this term may include petitions for mental health evaluations or commitment hearings, which users can manage with the right resources, such as templates from US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who has recently attempted suicide and has expressed intentions to harm themselves may be evaluated for commitment under mental health laws.
Example 2: An individual who has threatened to harm others during a mental health crisis may be detained for evaluation to assess their risk level (hypothetical example).
Relevant laws & statutes
One relevant statute is Mo. Rev. Stat. § 552.040.9, which states that a person committed for mental health treatment cannot be unconditionally released unless it is determined that they do not pose a danger to themselves or others in the foreseeable future.
State-by-state differences
State
Key Differences
California
Involuntary holds can last up to 72 hours for evaluation under the Lanterman-Petris-Short Act.
Texas
Texas law allows for emergency detention for up to 48 hours for individuals deemed a danger to themselves or others.
New York
New York has specific criteria for involuntary commitment, including a requirement for a mental health evaluation.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Dangerous to Self
Refers specifically to risks posed by an individual to themselves.
Focuses solely on self-harm, without considering harm to others.
Dangerous to Others
Refers to risks posed by an individual to other people.
Focuses solely on the potential harm to others, not self-harm.
Involuntary Commitment
A legal process to hospitalize an individual against their will due to danger posed.
Involves legal proceedings and criteria that may include being dangerous to self or others.
Common misunderstandings
What to do if this term applies to you
If you or someone you know may be considered dangerous to self or others, it is crucial to seek help immediately. Contact mental health professionals or emergency services. If legal proceedings are necessary, consider using US Legal Forms for templates that can guide you through the process. For complex situations, consulting a legal professional is highly recommended.
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