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The report shall be admitted as evidence of the facts stated therein and shall state (i) whether the person has a mental illness and whether there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced
However, the Supreme Court found in Addington v. Texas that to meet due process demands in a proceeding for involuntary civil commitment, the state must prove its case for commitment by clear and convincing evidence.
The requirements for issuing a temporary detention order are similar to those for the issuance of an emergency custody order: evidence that the person suffers from a mental illness; that, as a result of mental illness, the person will, in the near future, cause serious physical harm to self or others or will suffer
Steps in the Virginia Involuntary Commitment Process Initiating the Petition. The first step involves filing a petition for involuntary treatment. Temporary Detention Order. Once the petition is reviewed, the magistrate may issue a temporary detention order (TDO). Evaluation and Hearing. Involuntary Commitment.
Involuntary treatment is typically applied under the following conditions: The individual has a severe mental illness. They are assessed as being at significant risk of harming themselves or others. No less restrictive treatment options are available.
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