Questions Answered

Majette.net

An Occasional Feature

When a question may have wide application for everyone in Virginia, I’ll post it and try to give useful links.

Date Question Links and Suggestions
2-4-2021 My mentally ill adult child assaulted me last night.  I’m afraid it will happen again.   How may I protect my household?  How can I help for my child? I don’t want to have my child go to jail.  I want my child to get help. Protect yourself and your household.

Use the Emergency Protective Order Process in the city or county where you or the child live, or where the assault occurred.  It’s free, it’s fast, and it does not start a criminal proceeding against the child (see subsection E, here).

About.

Statutes.

Forms.

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Get help for your child.

This is more difficult, especially if you do not have the child’s health care power of attorney (advance medical directive).

Contact your local mental health department or agency (here).

Ask for the Crisis Team to assess your child on an emergency basis giving the facts of the mental illness and the assault.  A representative will attempt to assess the child and can escalate to warrants for the assessment and, if necessary, for the temporary detention of the child to see a judge.  The judge will hold a hearing and can order the child treated or released with a mandatory treatment order in the community.

Outline.

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Statutes.