Baker Act Attorneys Near You
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Baker Act Attorneys Orlando, FL

What Is Florida's Baker Act?

Florida’s Baker Act, officially the Florida Mental Health Act of 1971, allows law enforcement, physicians, and courts to place someone under an involuntary examination for up to 72 hours when they appear to have a mental illness and pose a danger to themselves or others, or are unable to care for themselves. Named for former state representative Maxine Baker, the law is meant to get people in crisis into care quickly — but it also comes with real legal consequences, strict procedures, and rights that are frequently overlooked. If you or a loved one has been Baker Acted, an attorney can act fast to protect those rights.

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Involuntary Examination Hearings

Advocacy during the 72-hour examination hold to protect your rights and push for prompt release

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Involuntary Placement Petitions

Fighting petitions for continued involuntary inpatient or outpatient treatment beyond 72 hours

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Writ of Habeas Corpus

Emergency petitions to secure immediate release when the criteria for holding you aren’t met

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Risk Protection Order Defense

Defending your firearm rights against Risk Protection Orders filed after a Baker Act incident

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What Happens After a Baker Act Hold Begins

1. Initial Contact

A law enforcement officer, physician, or court order identifies a person who appears to meet Baker Act criteria

2. Custody & Transport

Law enforcement delivers the person to the nearest designated receiving facility; any firearms are surrendered

3. Arrival & Intake

The 72-hour clock starts here, not at the moment of contact. The person is searched, admitted, and given written notice of rights

4. Family Notification

The facility must attempt to notify a guardian, spouse, or representative within 24 hours of arrival

5. Initial Evaluation

A psychiatrist or qualified professional examines the person within 24 hours to confirm whether criteria are still met

6. Decision Point

Before 72 hours expire, the person must be released, transferred to voluntary status, or made subject to a placement petition

How We Help Baker Act Clients & Families

We move quickly on behalf of individuals and families facing a Baker Act hold:

Emergency Habeas Corpus Petitions

When the statutory criteria for holding someone aren’t met, we file for immediate release.

Challenging Placement Petitions

We contest petitions for continued involuntary inpatient or outpatient treatment at the placement hearing.

Firearm Rights Restoration

We help reclaim surrendered firearms and defend against Risk Protection Orders filed after an incident.

Advocacy During Examination

Although not required at intake, we can appear early to advocate for release or voluntary status.

Family Guidance

We explain the process to worried family members and help coordinate a safe discharge plan.

Baker Act Criteria Under Florida Law

Two-Prong Test (§ 394.463)

There must be reason to believe the person has a mental illness AND is refusing or unable to consent to voluntary examination AND, without care, is likely to cause serious harm to self or others, or is unable to care for themselves.

Who Can Initiate

A law enforcement officer, a physician/clinical psychologist/psychiatric nurse via certificate, or a judge via ex parte order.

The 72-Hour Clock

Runs continuously from arrival at the receiving facility, including weekends. It is a ceiling, not a mandatory duration.

Minors

The examination for anyone 17 or younger must be initiated within 12 hours of arrival, not 72.

Baker Act Matters We Handle

We represent individuals and families across the full range of Baker Act matters, including:

  • Involuntary Examination Holds – Advocacy during the initial 72-hour period
  • Involuntary Placement Petitions – Contesting extended inpatient or outpatient treatment
  • Writ of Habeas Corpus – Emergency release petitions
  • Risk Protection Orders – Defending firearm rights after a Baker Act event
  • Voluntary Status Disputes – Transitioning from involuntary to voluntary admission
  • Minors’ Baker Act Proceedings – Protecting a child’s rights and parental involvement
  • Guardian Advocate Proceedings – Representation when incapacity is at issue
  • Wrongful Baker Act Claims – Pursuing remedies when the law was misused against you

Your Rights During a Baker Act Hold

Right to Counsel

You have the right to retain an attorney, though one isn’t automatically appointed for the initial examination.

Physical Examination

A physical exam must occur within 24 hours of arrival at the facility.

Notice & Communication

You must be informed of your rights in writing and allowed to communicate with family and an attorney.

Habeas Corpus

You retain the right to petition for a writ of habeas corpus challenging the legality of your confinement at any time.

Firearms & Risk Protection Orders

Surrender: Firearms in your possession at intake are surrendered to law enforcement, with 7 days after release to reclaim them.

Risk Protection Orders: Police may separately petition for an RPO, which can restrict firearm rights for up to a year even after release from a 72-hour hold.

Your Options: You can contest an RPO petition at a hearing; the burden is on the state to justify the restriction.

Don’t Sign Away Rights: Never agree to voluntarily surrender firearm rights without speaking to an attorney first.

Frequently Asked Questions

Up to 72 hours for an adult, starting when the person arrives at the receiving facility — not when police first make contact. For a minor 17 or younger, the examination must be initiated within 12 hours of arrival.
No. A Baker Act involuntary examination is a civil, not criminal, process and does not by itself create a criminal record. However, it can still surface in background checks for firearms, certain licenses, and security clearances.
Yes, in many cases. If the statutory criteria weren’t met or are no longer met, an attorney can advocate directly with the facility or file a writ of habeas corpus to secure release before the 72 hours expire.
Any firearms in your possession are surrendered to law enforcement at the time of custody. You generally have 7 days after release to reclaim them, though a separate Risk Protection Order can extend restrictions for up to a year.

Florida Baker Act Laws

Florida Statute § 394.451-.4789 (Chapter 394)

The Florida Mental Health Act, known as the Baker Act, governing examination, treatment, and patient rights.

§ 394.463 Involuntary Examination

Sets the criteria, initiation process, and the 72-hour examination timeline.

§ 394.459 Patient Rights

Guarantees rights to counsel, communication, physical examination, and humane treatment.

§ 394.467 Involuntary Placement

Governs petitions and hearings for continued involuntary treatment beyond 72 hours.

§ 790.401 Risk Protection Orders

Allows courts to temporarily restrict firearm possession when a person is found to pose a significant danger.

Counties We Serve

Orange County

Orlando, Winter Park, and surrounding areas.

Hillsborough County

Tampa and Tampa Bay area courts.

Seminole County

Sanford, Altamonte Springs, Lake Mary.

Osceola County

Kissimmee and Osceola County courts.

Polk County

Lakeland, Winter Haven, and surrounding areas.

Brevard County

Melbourne, Cocoa, and Space Coast.

Meet Your Baker Act Defense Team

What Our Clients Say

Mr. Javier Chavez is beyond an amazing lawyer. Been by my side for the last two years. He's always picking up my calls and giving me the best advice. I would recommend him 1000%!
Javid Allie⭐⭐⭐⭐⭐ Google Review
I can't thank Smith & Eulo enough for their outstanding support throughout my case. Their professionalism and dedication made all the difference, and I felt confident every step of the way. Highly recommend!
Yuribeth Brito Hernandez⭐⭐⭐⭐⭐ Google Review
Scott Messinger and Isabella Vicentelo worked fast to get my family member released and resolved. We could not believe it!
Souza S⭐⭐⭐⭐⭐ Google Review
My attorney Ty Cooper's kindness and responsibility in handling my case made a significant difference. Beyond being an outstanding attorney, he became a great friend throughout this process.
Thamara Marin⭐⭐⭐⭐⭐ Google Review
Best of the Best! My lawyer was professional, kept open communication and was determined. Really exceptional professionalism. Would recommend 110%!
Dayle Mercado⭐⭐⭐⭐⭐ Google Review
Smith & Eulo is an outstanding law firm. Their attention to detail, strategic approach, and unwavering support made a monumental difference in my case.
Hector Eduardo Baptista Castillo⭐⭐⭐⭐⭐ Google Review

Why Choose Smith & Eulo?

20+ Attorneys – Full team experienced in mental health and civil commitment law

15+ Florida Offices – Serving families throughout the state

Rapid Response – We move within hours, not days, on Baker Act matters

Board Certified Criminal Trial Lawyer – Recognized courtroom expertise

Available 24/7 – We answer when your family needs us most

Case Results

Habeas Corpus Granted – Client released hours after filing when facility could not show statutory criteria were met

Placement Petition Denied – Court declined to extend involuntary treatment beyond the 72-hour exam

Risk Protection Order Dismissed – Firearm restriction lifted after successful hearing

Voluntary Status Secured – Negotiated transfer from involuntary to voluntary care

Dozens of Baker Act Matters – Successfully handled throughout Central Florida

Consequences Beyond the Hold

Firearm Rights: An involuntary hold can trigger a Risk Protection Order restricting firearm possession for up to a year.

Employment & Licensing: Certain professions and security clearances may require disclosure of involuntary examinations.

Family & Custody Matters: A Baker Act hold can be raised in custody or guardianship proceedings.

Insurance & Records: Understanding your rights around confidentiality of clinical records is critical.

Related Practice Areas

Baker Act matters often intersect with other areas of law. We also handle:

Marchman Act – Involuntary substance abuse assessment and treatment

Guardianship – Proceedings involving incapacity determinations

Domestic Violence Injunctions – Often connected to Baker Act incidents

Criminal Defense – When an incident also results in criminal charges

Ultimate Baker Act FAQ

Three categories of people: a law enforcement officer who observes someone appearing to meet the criteria, a physician, clinical psychologist, or psychiatric nurse who signs a certificate, or a judge who issues an ex parte order after a petition is filed.
The person must appear to have a mental illness, be refusing or unable to consent to voluntary examination, and, because of the illness, pose a substantial risk of serious bodily harm to themselves or others in the near future, or be unable to care for themselves without care resulting in real and present threat of substantial harm.
Family members generally can’t initiate the hold directly, but they can contact law enforcement, a mobile crisis team, or a physician who can assess whether the criteria are met and initiate the process.
If the facility intends to file a petition for involuntary placement, the person can be held through the next business day so the petition can be filed. If no petition is intended, the person generally must still be released or transitioned to voluntary status.
You generally have the right to refuse medication, though a refusal is sometimes cited by facility staff as evidence supporting continued involuntary status. An attorney can help you understand how to exercise this right without it being used against you.
No. Florida law specifically excludes intoxication and substance abuse standing alone from the definition of mental illness for Baker Act purposes. Involuntary substance abuse holds are instead handled under the Marchman Act.
It can be raised as evidence, though a single hold is not automatically determinative of parental fitness. An attorney can help contextualize the incident and limit its impact on family court proceedings.
A Risk Protection Order is a separate civil process law enforcement can pursue to restrict a person’s firearm rights for up to a year based on dangerousness, and it is sometimes filed in connection with a Baker Act incident. It requires its own hearing and can be contested.
Yes. Children can be subject to an involuntary examination, but the timeline is shorter — the exam must be initiated within 12 hours of arrival rather than the 72-hour adult standard — and parents or guardians must be notified immediately.
Costs vary based on the urgency and complexity of the matter. Smith & Eulo offers free initial consultations and flexible payment plans, recognizing that families often need to act within hours, not days.

Contact Us Today For Your Free Consultation

If you or a loved one has been Baker Acted in Florida, call us right away. Available 24/7, free consultation, and payment plans available.

Call Now: 407-930-8912

What To Do Right Now

Stay calm and cooperative. Resisting can complicate the process and delay release.

Note the timeline. Write down when custody began and when the person arrived at the facility — that’s when the 72 hours starts.

Ask for the facility name. Family notification and legal advocacy both depend on knowing where the person was taken.

Call us immediately. The sooner we’re involved, the faster we can act on release or placement issues.

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Related Resources

The Marchman Act in Florida – Involuntary substance abuse treatment

Risk Protection Orders – Understanding firearm restriction hearings

Patient Rights Under Chapter 394 – What you’re entitled to during a hold

Guardianship & Incapacity – When capacity to make decisions is at issue

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