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Can I be made to stay in a psychiatric hospital or other facility?

  • This will usually depend on whether you are a voluntary or involuntary patient.
  • If you are a voluntary patient and want to leave you can usually be detained for a certain number of hours until a psychiatrist has seen you. This may not be the same psychiatrist that is currently treating you. If the psychiatrist who is examining you believes that you require treatment in hospital then they can decide to make you an involuntary patient.
  • Involuntary patients are generally not able to leave the facility of their own accord.
  • The specific rules as to when you can and cannot leave a treatment facility will depend on the law in your state or territory.
  • If you are concerned that you are being unfairly detained then you may wish to contact a lawyer. You can use our Phone a Lawyer service to get a preliminary consultation about your situation.