Emergency Mental Health

Emergency Mental Health Warrants

A justice of the peace may issue an Emergency Apprehension and Detention Warrant when a person is experiencing a mental health crisis and poses an immediate danger to themselves or others. This warrant allows a peace officer to take the person into custody and transport them to an appropriate mental health facility for evaluation and treatment. 

These warrants are meant for true emergencies when immediate intervention is necessary to prevent serious harm. 

Before You Apply 

If you believe someone is in a mental health crisis, please contact the Midland County Mental Health Deputy first. They can often respond on scene, assess the situation, and may resolve the crisis without the need for a warrant. 

Mental Health Unit 
(432) 688-4671 — Monday–Friday, 8am–5pm 
After Hours / Weekends: (432) 688-4600 

Who Can Apply 

Any adult may file an application for the emergency detention of another person whether that person is an adult or a child. (Texas Health & Safety Code § 573.011) 
Applications must be made in person unless submitted by a physician as allowed by law. 

What the Application Must Include 

The application must state: 

1. The person shows signs of mental illness. 
2. Because of that mental illness, the person shows one or more of the following: 
   • A substantial risk of serious harm to themselves or others. 
   • Severe emotional distress and deterioration in their mental condition. 
   • An inability to recognize their symptoms or understand the need for treatment. 
3. Without immediate detention, the person is likely to suffer serious harm or cause serious harm to another. 
4. The risk of harm is imminent unless the person is immediately restrained. 
5. The necessary restraint cannot be accomplished without emergency detention. 
6. The application must explain specific recent behavior, threats, or actions that demonstrate the risk. 
7. The application must include the relationship between the applicant and the person being detained. 
8. Any other relevant information may be included. 

What Happens After You File 

If the justice of the peace finds that all legal requirements are met, the court may issue a warrant ordering a peace officer to: 

• Take the person into custody 
• Transport them to the nearest appropriate mental health facility 
• Allow a physician to conduct a preliminary examination 

The facility will evaluate the person and determine whether further treatment is needed under Texas law. 

Fill out and print the Emergency Mental Health Warrant Application.