Other Criminal Charges & Offenses Can a person be arrested for threatening to harm themself?

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charlie43440

New Member
I got into a discussion recently about this and was unable to find any solid answers on the internet. If a person threatens self harm, can they be arrested to protect them from themself? Like... A disorderly conduct type charge, if they refuse to go peacefully with an ambulance to the hospital to speak with a counsellor..

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In the abstract, without knowing the state and without any details, the answer can only be yes, it's possible.

If you are asking because you were arrested then the obvious answer is, yes, it can happen because it did happen.
 
Arrested? No.
However they could potentially be taken in for a mental health evaluation at a mental health facility and held against their will depending upon that evaluation.
Mental health laws vary from place to place... You didn't indicate where you are.
 
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adjusterjack said:
In the abstract, without knowing the state and without any details, the answer can only be yes, it's possible.

If you are asking because you were arrested then the obvious answer is, yes, it can happen because it did happen.
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No, not me. A friend's Dad, and he wasn't arrested. He sent text messages to someone that implied he would harm himself. The EMS showed up and so did the police. EMS wanted him to go talk to a counsellor. He did not want to nd said the text messages were taken out of context that he just wanted to go to sleep, be left alone, etc. The police said they Could arrest him if he did not go willingly with EMS and he decided to go to the hospital. The police said he could be charged with disorderly conduct.

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mightymoose said:
Arrested? No.
However they could potentially be taken in for a mental health evaluation at a mental health facility and held against their will depending upon that evaluation.
Mental health laws vary from place to place... You didn't indicate where you are.
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Ohio, sorry.

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charlie43440 said:
A disorderly conduct type charge, if they refuse to go peacefully with an ambulance to the hospital to speak with a counsellor..
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Again it may vary by state, but typically a person can't be taken to the hospital against their will unless certain conditions are met, and the threshold is kind of high.
Refusing to go to the hospital is your right, but often a person does not realize that saying no is an option. Police typically try to get a person to go "willingly", although that can involve some borderline intimidation.
 
mightymoose said:
Again it may vary by state, but typically a person can't be taken to the hospital against their will unless certain conditions are met, and the threshold is kind of high.
Refusing to go to the hospital is your right, but often a person does not realize that saying no is an option. Police typically try to get a person to go "willingly", although that can involve some borderline intimidation.
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Gotcha. That makes sense..

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charlie43440 said:
No, not me. A friend's Dad, and he wasn't arrested. He sent text messages to someone that implied he would harm himself. The EMS showed up and so did the police. EMS wanted him to go talk to a counsellor. He did not want to nd said the text messages were taken out of context that he just wanted to go to sleep, be left alone, etc. The police said they Could arrest him if he did not go willingly with EMS and he decided to go to the hospital. The police said he could be charged with disorderly conduct.

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The police might not have been honest about what they could do... Had he stood his ground they might have done nothing. On paper it will read as if he went voluntarily.
 
charlie43440 said:
I got into a discussion recently about this and was unable to find any solid answers on the internet. If a person threatens self harm, can they be arrested to protect them from themself? Like... A disorderly conduct type charge, if they refuse to go peacefully with an ambulance to the hospital to speak with a counsellor..

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Click to expand...

That depends on what the definition of arrest is, mate.

In Ohio, one threatening to OFF him/herself might be facing involuntary something or the other:

http://nisonger.osu.edu/wp-content/uploads/2016/11/ohio-involuntary-civil-commit-process.pdf
 
My ex husband threatened to kill himself last week apparently. His mom called the police - but apparently the closest hospital's mental floor is full and they said they couldn't take him anywhere else. But the first time he said it she said that she called the sheriff and he asked to talk to him. He told the sheriff he was fine - so nothing the sheriff could do. Just like she took him to the hospital two years ago after another meth binge and he told the nurse or whoever he talked to he was fine so they couldn't admit him and he had no obvious signs of distress.

Some states or maybe most have emergency protective orders if someone is a threat to himself or others.

I feel like in most cases if there is no obvious signs of harm to someone or others they aren't going to force anyone to go to the hospital. Well they haven't forced my ex husband and he needs to get a mental evaluation.
 
charlie43440 said:
No, not me. A friend's Dad, and he wasn't arrested. He sent text messages to someone that implied he would harm himself. The EMS showed up and so did the police. EMS wanted him to go talk to a counsellor. He did not want to nd said the text messages were taken out of context that he just wanted to go to sleep, be left alone, etc. The police said they Could arrest him if he did not go willingly with EMS and he decided to go to the hospital. The police said he could be charged with disorderly conduct.
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I seriously doubt the police would have charged him with "disorderly Conduct,"but it sure looks like it scared him enough to go with EMS.Typically what happens in such situations,is the police always arrive with EMS,to subdue someone who may harm them selves,and escort them to the hospital,and if he wasn't willing to go on his own,that's most likely what would have happen,it's standard protocol when dealing with mental health patients,and the police are better equipped to handle it.The EMS is there,of course,to render medical assistance for someone who has already done something to harm them selves.
It's not an 'Arrest,"but more of an "involuntary civil commitment,"for an evaluation.
 
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