Will I have to testify in front of the person that I am asking to have committed?

The State’s Attorney’s Office realizes that people may be reluctant to testify because they are afraid the mentally ill person will be angry with them or blame them if he/she is committed. The State’s Attorney’s Office will be sensitive to that, and if there is enough evidence without calling you as a witness, we will try not to have you speak. However, in some cases the petitioner will need to testify. In those cases, the State’s Attorney’s Office will advise you that you may tell your loved one/family member that you don’t want to testify, but that we are requiring you to.

Please feel assured that the Lincoln County State’s Attorney’s Office and Board of Mental Illness work closely with law enforcement and mental health professionals to assure proper handling of these cases.

If you believe someone you know is a danger to themselves or others and won’t seek voluntary treatment, you can contact the Lincoln County State’s Attorney’s Office at 605-764-5732. If it is an emergency or after regular business hours, please contact the Lincoln County Sheriff’s Department at 605-764-5651.

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1. What symptoms or actions need to be witnessed to get a person committed?
2. What happens after I fill out the petition?
3. If I file a petition to have someone committed do I need to hire my own attorney?
4. Will I have to testify in front of the person that I am asking to have committed?