What happens once a petition is filed with the court?

Here are the next steps in order:

  1. The court reviews the facts and decides whether or not to issue an order of commitment
  2.  If yes, then the person who is the subject of the petition must come to court that day. The court issues them either a summons or a warrant of apprehension.
    1. Summons: A written notice delivered to the person.
    2. Warrant: Allows police to pick the person up. A warrant can be issued only during court hours. Police will pick a person up only if the court is open.
  3.  If a warrant is issued and the person is picked up, they will be handcuffed, taken to court, and put in a holding cell to wait for a hearing.
    1.  The person has the right to a lawyer and to present their own experts.
    2. The court will arrange for a (forensic) psychiatrist or psychologist to examine them

Show All Answers

1. Is a Section 35 the only option?
2. How do I get someone committed to treatment under Section 35?
3. What happens once a petition is filed with the court?
4. How will the court decide what to do?
5. What happens next if the court orders her/him to be committed?
6. What kind of help will an individual receive?
7. What if she/he is too sick to go to a detoxification program?
8. What if they have a co-occurring mental health problem?
9. How long will the commitment be for?
10. Will a Section 35 commitment cure her/his alcohol or drug problem?
11. Can I go back to court if she/he drinks or uses other drugs again?