A Guide to Getting Court Ordered Rehab for a Loved One

Has someone you love committed or been accused of a drug-related crime and need help recovering from a substance use disorder? If so, court-ordered rehab might be the best route forward. Going to rehab can help some people avoid incarceration for non-violent crimes surrounding illicit drug use while helping them work through their drug dependence and addiction at the same time.

If your loved one has committed a drug-related crime, there’s help available to steer them back toward a sober, healthy lifestyle. Here’s how to get someone court ordered rehab, along with treatments that can help them achieve sobriety.

What Is Court Ordered Rehab and How Does It Work?

court ordered rehab

Court ordered rehab can help your loved one recover!

Court ordered rehab is usually made available to those facing imprisonment for a non-violent drug-related crime. Examples of drug-related crimes may include the following:

  • Possession or trafficking of drugs
  • Illegal behavior caused by drug abuse and dependence
  • Crimes directly related to drugs, such as stealing money to buy drugs

People accused of committing these crimes can often replace jail or prison sentences with court ordered rehab.

Drugs and alcohol can impair a person’s judgment and cause them to engage in risky behaviors that get them into trouble. Anyone who struggles with addiction can get caught up in committing various drug crimes that allow them to fuel their addiction. For instance, your neighbor who suffers from painkiller addiction may head to the streets for heroin or counterfeit painkillers after their prescription runs out, and get caught for illicit drug possession.

Court ordered rehab can help drug offenders recover from addiction and improve their lives without having to worry about a criminal record. Many states will wipe your loved one’s record clean if they follow through and comply with their mandatory addiction treatment. Court ordered rehab can also shock your loved one into understanding the hard consequences of drug abuse, and force them to choose between becoming healthier and sober, or serving time in jail or prison for their drug crime.

How to Get Someone Court Ordered Rehab

Court ordered rehab is usually only an option for people who have been accused of a non-violent drug-related crime. Many times, this option requires your loved one to plead guilty to their crime or make a deal with their attorney surrounding going to rehab. If your loved one has not yet been accused of a drug-related crime but is engaging in illicit drug activities, you may be able to pursue them legally and suggest that they agree to court ordered rehab.

Evidence suggests that outcomes for those who go to court ordered rehab are as good as or better than those who aren’t legally ordered to visit rehab. People who go to court ordered rehab also tend to have higher attendance rates and stick with treatment for longer periods than their non-court ordered counterparts.

Here are steps for how to get someone court ordered rehab.

1. Learn How Court Ordered Rehab Works in Your State

Before you start seeking court ordered rehab for your loved one, find out whether your jurisdiction offers this option to non-violent drug offenders. Begin your search online to learn more about how the process works in your county, or contact your county or state’s judicial district court to ask about your options. Many states honor court ordered rehab programs since addiction treatment costs are usually a fraction of the cost of incarceration. The aggregate cost of addiction in the U.S. is more than $700 billion per year.

If your loved one has already been convicted of a non-violent drug-related crime, the court may prepare to order mandatory addiction treatment during the pretrial phase. If you plan on reporting your loved one’s illegal drug activity to the authorities, it’s good to know ahead of time whether court ordered rehab is an option.

2. Determine Whether Your Loved One Qualifies

Not everyone who commits a non-violent drug crime can escape jail or prison time and go to court ordered rehab. For instance, a drug dealer who’s convicted of selling cocaine but doesn’t suffer from a substance use disorder wouldn’t qualify to receive addiction treatment.

Each state and jurisdiction may have its own unique qualifications. Court ordered rehab may be available if the following situations apply:

  • The person committed a non-violent crime
  • The person has no history of violent or sexual crime
  • The person has no other drug-related crime in their history
  • The crime was committed as a direct or indirect result of drug dependence
  • The person qualifies for probation
  • The person has been diagnosed with a substance use disorder
  • The court thinks the person can benefit from treatment for substance use disorders
  • The person is willing to comply with addiction treatment

If your loved one meets any of the above conditions, they may benefit from and be eligible for court ordered rehab.

3. Help Your Loved One Understand the Importance of Treatment

Your loved one may be adamant about not seeking addiction treatment, but it’s time to be honest about why you really want them to get help. Explain to the person that you love and care about them, and that you want them to receive treatment so they can become healthier and happier, and improve their livelihood. This is important because your loved one may feel betrayed after they learn about the role you may have played in getting them into rehab.

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4. Help Facilitate the Court Order

After learning more about how court ordered rehab works in your jurisdiction, explain the benefits of this option to your loved one. Tell them that they must plead guilty to their drug-related crime, and accept rehab as a condition of avoiding or lessening incarceration time. You can also help facilitate the court order by explaining the desire and need for rehab to your loved one’s lawyer.

5. Support Your Loved One Through Their Recovery

Court ordered rehab can occur in an inpatient or outpatient setting depending on the circumstances surrounding your loved one’s drug use disorder and the types of treatment centers contracted by the court. Your loved one may have the option to recover at a residential substance abuse treatment center, or be placed under house arrest, where they can leave their homes to go to work and treatment sessions. Regardless of the program type they join, make sure you stay in touch with your loved one so you can continue cheering them on throughout recovery.

Remove all drugs and alcohol from the home, and encourage your loved one to participate in fun, sober activities. Create a healthy environment that fosters positivity and motivation to help your loved one feel better about their recovery and about the direction their life is headed.

How Else Can I Get Someone into Rehab?

If court ordered rehab isn’t an option for your loved one, or your loved one is continuing to abuse drugs and engage in illicit activity without getting caught, there are other steps you can take to urge them into addiction treatment.

Emergency Involuntary Treatment

Some jurisdictions allow you to commit your loved one to a drug rehab center involuntarily using an emergency court order. For instance, Massachusetts has a law called Section 35 that allows relatives, law enforcement officers, doctors, and other select parties to check people into rehab without their consent. This would require you to fill out an official order of commitment form and wait for the court to review your loved one’s case to determine whether they need rehab. Each jurisdiction has its own rules and qualifications surrounding emergency involuntary treatment.

Emergency involuntary treatment requires your loved one to undergo a mental health and addiction screening conducted by doctors and a police officer. Many times, your loved one must be diagnosed with a substance use disorder and be deemed likely to hurt themselves or others. For example, if your loved one is abusing drugs that cause feelings of aggression and violence, such as cocaine, methamphetamine, or PCP, an emergency court order may be the right thing to do if you think your loved one may hurt someone.

Hold an Intervention

Staging an intervention can help you convince your loved one to receive treatment, but it can also be difficult to facilitate if your loved one is still refusing to get help. If you need help holding an intervention, hire an intervention specialist who can guide you through setting it up and who can teach you how to convince your loved one to go to rehab if they’re not cooperating. Then, form an intervention group comprised of close friends and family invested in your loved one’s recovery from addiction. Consider inviting a doctor to the intervention, who can assure your loved one that today’s drug detox treatments and therapies are safe and can lend to a more comfortable recovery.

Give Ultimatums

If your desire to seek court ordered rehab for an addicted loved one stems from being used or abused by that person, it may be time for you to start issuing ultimatums. Stop being an enabler, and quit putting up with your loved one’s behaviors and the consequences surrounding their addiction. You may be an enabler if you continue giving your loved one money to pay for drugs and alcohol, or if you continue letting them use drugs and alcohol in your home.

Living with someone who suffers from addiction can put your own health and well-being at risk, especially if you’re also in recovery from addiction or are subject to physical abuse from your loved one. Putting your foot down and giving ultimatums could force your loved one into treatment if they have nowhere else to go and no one else to turn to.

Finding Addiction Treatment for Your Loved One

Today, there are countless detox treatments and therapies your loved one can choose from when they’re ready to overcome addiction. Addiction treatments can be tailored and personalized so your loved one can experience the safest, most fulfilling recovery possible. For instance, if your loved one is refusing treatment because they’re afraid of suffering pain caused by certain withdrawal symptoms, you can help them find a drug detox program that uses medications to relieve symptoms.

Drug and alcohol use disorders can be fully treated using drug detox, therapy, and aftercare. Detox will help your loved one overcome physical dependence on drugs and alcohol, and guide them safely through withdrawal so they face a lowered risk for health complications and relapse. A medical detox in an inpatient environment is one of the safest detox methods, since this allows your loved one to withdraw from drugs and alcohol while being monitored 24/7 by medical staff who minimize complications.

Detox can be followed by therapies that teach your loved one how to live a healthier lifestyle without drugs and alcohol. They’ll learn new ways to manage stress and avoid triggers that lead to drug abuse, and work with therapists who teach them how to change negative thoughts and behaviors that may be driving their addiction. Aftercare programs provide ongoing therapy, counseling, and support group sessions to help your loved one stay sober long-term in the years following their recovery.

Use our online directory to find nearby addiction treatment centers in your city, or call 800-996-6135 to learn about recovery resources that can empower your recovery.

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