AOC-SP-308 — Motion for Discharge / Release from Involuntary Commitment

← FORMVANA NC FORMS VIEW ALL FORMS →

01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02 RESPONDENT & CASE INFORMATION

Respondent Full Name *

Case / File Number *

County *

Date of Original Commitment Order *

Facility Where Respondent Is Currently Committed *

03 GROUNDS FOR DISCHARGE

Check all applicable grounds *:

Respondent is no longer mentally ill as defined by G.S. 122C-3(21)

Respondent is no longer dangerous to self or others

A less restrictive treatment alternative is now available and appropriate

Treatment goals of the commitment order have been met

Respondent agrees to voluntary inpatient or outpatient treatment as an alternative to continued involuntary commitment

New medical or clinical evidence contradicts the factual basis for the original commitment order

Supporting Facts for Grounds Checked Above *

04 TREATING PHYSICIAN'S CURRENT ASSESSMENT

Is a Treating Physician Assessment Available?

05 PROPOSED AFTERCARE / DISCHARGE PLAN

Proposed Aftercare Plan *

06 LEGAL REPRESENTATION & CERTIFICATION

Respondent Has Legal Counsel?

Respondent has the right to appointed counsel if indigent. If respondent does not have counsel, request appointment at the time of filing. Family members cannot file this motion without respondent's consent unless they were the original petitioner.

Date of This Motion *

Additional Notes / Special Circumstances:

SELECTED COUNTY

— Select above —

WHO CAN FILE SP-308

Respondent (the committed person) at any time
Respondent's attorney
Original petitioner (family member who filed) without respondent's consent
Facility medical director — can discharge without court order if criteria no longer met
Other family members only with respondent's consent

WHAT HAPPENS AFTER FILING

Hearing within 5 days of filing
Respondent has right to counsel (appointed if indigent)
Court reviews whether commitment criteria are still met
Discharge does NOT automatically restore firearms rights
Facility medical director may also discharge without court order at any time

IMPORTANT: FIREARMS RIGHTS

Discharge from commitment does NOT restore firearms rights under federal law (18 U.S.C. § 922(g)(4))
A separate federal or state relief proceeding is required to restore firearms rights
Advise respondent of this distinction before filing

STATUTORY REFERENCE

G.S. 122C-268.1Petition for rehearing

G.S. 122C-271(d)Discharge by medical director

G.S. 122C-277Discharge / release procedure

18 U.S.C. § 922(g)(4)Federal firearms prohibition

NEED AN ATTORNEY?

Barker Richardson, PLLC handles discharge motions and IVC/OPC proceedings across North Carolina.

CONTACT BARKER RICHARDSON →

AI POLICY

View LawVana AI Policy →
No data stored or transmitted — all processing is local
This form does not constitute legal advice