Baker Act Cases, Mental Health Cases and Petitions for Writs of Habeas Corpus

The Health Law Firm represents individuals and families in challenges and hearings related to the Florida Baker Act, Marchman Act or other mental health legal problems. Often we are called on to respond urgently to obtain the release of someone who may have been incorrectly confined to a mental institution without their consent. In Florida, the state statute which contains a mental health patient's rights and which also allows those with serious mental health problems to be involuntarily confined for ceratin periods of time is called the "Baker Act." It is contained in Chapter 394, Florida Statutes.

We often receive calls from the family of individuals who have been confined involuntarily to a mental facility. Occasionally we assist in cases in which the family may be located in another state and the patient is located here in Florida. Sometimes we assist in cases in which the basic requirements for an involuntary confinement under Florida Law do not exist and the patient should not have been confined.

We have been involved in working on an expedited basis with the hospital, mental institution or court to obtain the release of individuals who should not be confined or who desire to be released into the custody and care of their family.

For a sample of an Emergency Petition for Write of Habeas Corpus we prepared with its supporting documentation, and which contains citations to the appropriate legal authorities, click here. A Memorandum of Law in support of the Petition for Writ of Habeas Corpus is also included with it.

For a link to a website which contains additional information and forms for Baker Act cases, including the complete Baker Act and the state regulations (agency rules) implementing it, click here.

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Orlando Branch Office • 37 N. Orange Ave., Orlando, FL 32801
Pensacola Branch Office • 201 E. Government St., Pensacola, FL 32502
Telephone: (407) 331-6620 & (850) 439-1001 • Telefax: (407) 331-3030

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