Legal Question in Criminal Law in Ohio

I had my husband arrested for domestic violence a month ago and there is a civil protection order against him. Can he and his lawyer have me declaired mentally unstable without me having a psyc eval? His psyc eval said that he doesn't need any counceling or anger management at all and I have medical records showing that he DID throw something at me and hurt me with it and he also confessed to the sheriff that night which is why he was arrested. Can he and his lawyer really do this to me?

Asked on 5/07/11, 4:10 pm

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, only a judge sitting in a court of law can have someone committed to a mental institution. There is an exception in that local authorities could commit a person on an extremely short term emergency basis if sufficient facts are there but there would have to be a hearing within a few days before the court wherein the committed person can appear and argue to the contrary.

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Answered on 5/08/11, 4:56 am

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