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Threats of violence sufficient to order involuntary commitment

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Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.

The Indiana Court of Appeals affirmed the judgment of the trial court in In the Matter of the Commitment of T.K. v. Department of Veterans Affairs, 49A05-1303-MH-100. It concluded the evidence showed that without treatment, T.K. was a danger to others and upheld the order for regular commitment to ensure T.K. received the needed long-term treatment.

T.K. appealed the trial court’s order for involuntary commitment on the grounds the evidence was insufficient. He conceded he had made “colorful verbal threats” but there was no evidence that he “has ever followed through with any assaultive, violent or dangerous behavior.”

The Court of Appeals rejected his argument. It found his behavior - which included more than 25 threatening phone calls that T.K. made in one week to Adult and Child, Inc., and the agency staff’s consideration that he was hostile, actively psychotic and delusional – was sufficient for the trial court to find him dangerous.

Further, pointing to prior court decisions, the Court of Appeals stated Indiana precedent indicates that the trial court did not have to wait until T.K. acted upon his threats before finding him dangerous.

The Court of Appeals also upheld the finding that a “regular commitment” which is the most restrictive form of involuntary commitment, was warranted. In particular, it noted T.K.’s prior commitments and his need for inpatient treatment followed by outpatient assistance.  
 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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