“Is it bad enough? Would a judge actually step in?” These are the questions many families ask in the middle of a crisis, often at 2 a.m. and after yet another broken promise. When someone you love is struggling with an addiction to drugs or alcohol, it can be hard to know whether their situation is serious enough to justify legal action, and many families wait far longer than they should because they’re unsure it “counts.”
In Florida, the Marchman Act allows families to petition a court to order an assessment and substance use treatment for a loved one who can’t or won’t accept help on their own. Below, we walk through five signs that your loved one may qualify, so you can recognize when it’s time to act and talk with an attorney.
Florida Marchman Act Criteria: A Quick Note on How Qualification Works
Qualifying under the Florida Marchman Act criteria isn’t about which substance someone uses, how long they’ve used it, or whether they’ve ever been arrested. The law covers both drugs and alcohol, and the court focuses on how a person’s substance use disorder is affecting their judgment and safety. In general, three things matter:
- Impaired judgment or loss of self-control. Their substance use has reached a point where they can’t control it or can’t see how serious the situation has become.
- Risk of harm. Without treatment, there is a real likelihood they will seriously hurt themselves or someone else, or they have already done so or threatened to.
- Refusal or inability to accept help. They won’t seek treatment voluntarily, or they can’t make a sound decision about whether they need it.
A situation doesn’t have to look like the worst-case scenario to qualify. The question is the level of impairment and risk, not how severe the addiction appears from the outside. Because a judge decides based on evidence, specific, documented examples such as ER visits, dangerous incidents, and messages showing loss of control carry far more weight than general concerns. Each of the five signs below ties back to one or more of these criteria.
Sign 1: They Have Lost Control Over Their Substance Use
One of the clearest signs is a pattern of using more than intended, or being unable to stop even when they want to. You may have watched your loved one promise to cut back, swear off drugs or alcohol after a scary night, or start treatment and then relapse within days. Other signs include continuing to use despite serious consequences, such as losing a job, a home, or important relationships, and putting substance use ahead of everything else, including their health, their children, and their own safety.
This matters because loss of self-control is a central part of the Florida Marchman Act criteria. It also helps explain why “just stop” doesn’t work for someone with a substance use disorder. If you’ve seen the same cycle of broken promises and relapse repeat despite real consequences, your loved one may no longer be able to control their use on their own. Keep notes on specific incidents, including dates and what happened, since that kind of detail can help an attorney evaluate your situation.
Sign 2: They Refuse Help or Can’t Recognize They Need It
Many families have a loved one who denies there’s a problem, gets angry whenever treatment comes up, or agrees to go and then backs out at the last minute. Others enter a program and leave against medical advice within days. It’s easy to read this as stubbornness, but often it’s part of the condition itself. Addiction to drugs or alcohol can impair judgment so much that a person genuinely can’t see how serious their situation is, even when the consequences are obvious to everyone around them.
This sign matters because Marchman Act criteria look at whether a person is unwilling or unable to accept help voluntarily. If you’ve offered support, suggested specific drug addiction treatment options, and been turned away again and again, that pattern is meaningful. Write down the dates and details of each refusal or failed attempt, including who was involved and what was said. A clear record helps an attorney show that voluntary options have been tried.
Sign 3: They Are a Danger to Themselves
When a loved one’s substance use begins to threaten their life, the situation has moved beyond a bad habit. Warning signs include overdoses or near-overdoses, driving while impaired, mixing dangerous substances, using alone in risky settings, or making statements about wanting to die or hurt themselves. Alcohol and drug use can also lead to severe withdrawal, accidents, and medical emergencies that become more frequent over time. Waiting for them to hit “rock bottom” is a gamble, because for some people the next incident is the last one.
Risk of serious harm is a central factor courts consider, and it is often the sign that makes the strongest case for court involvement. Document specific events, such as ER visits, EMS calls, or concerning texts or messages, along with the dates they occurred. If your loved one is in immediate danger, call 911. If they are having thoughts of suicide, call or text 988 to reach the Suicide & Crisis Lifeline.
Sign 4: They Are a Danger to Others, or Can’t Care for Themselves
Substance use doesn’t only put the person at risk. It can endanger the people around them, too. Warning signs include violent or threatening behavior, driving under the influence, or neglecting or endangering children or other family members. Just as concerning is when a loved one can no longer meet their own basic needs. They may stop eating regularly, lose stable housing, ignore serious medical conditions, or live in unsafe or unsanitary conditions. Families often describe watching someone they love slowly lose the ability to function day to day.
This matters because courts consider safety and basic functioning, not just the substance use itself. A judge wants to know whether someone’s impairment is putting themselves or others in real danger. Police contact, welfare checks, or worried calls from neighbors and family are often signs that the risk has moved beyond what a family can manage alone.
Sign 5: Declining Physical and Mental Health Due to Addiction
Sometimes the clearest warning is how quickly someone changes. You may notice dramatic weight loss, frequent illness, confusion, memory problems, or severe withdrawal episodes. Mental health and addiction often worsen together, so you may also see paranoia, depression, anxiety, or a growing disconnect from reality, which makes the situation harder to sort out and more urgent.
This matters because courts look at how substance use is affecting a person’s health, judgment, and ability to make sound decisions. A rapid decline can signal that waiting carries real risk. If you’re unsure what you’re seeing, an attorney and treatment professionals can help you understand your options, including care that addresses both mental health and addiction.
What to Do If You Recognize These Signs
If these signs sound familiar, you don’t need to have everything figured out before taking the next step. Start by writing down specific incidents with dates, such as overdoses, ER visits, and refused treatment, and gather any treatment, insurance, and medical information you have. Keep communicating with compassion, and research drug addiction treatment options so a plan is ready. Then speak with an attorney who can review your situation and explain whether a Marchman Act petition makes sense. A consultation commits you to nothing, and it can bring clarity on how to help someone addicted to drugs or alcohol. If your loved one is in immediate danger, call 911.
Talk to a Florida Marchman Act Attorney Today
Recognizing these signs isn’t a betrayal of your loved one. It’s an act of love. You don’t have to be certain, and you don’t have to decide alone. If someone you care about is struggling with an addiction to drugs or alcohol and refusing help, the attorneys at Robinson & Casey can review your situation, explain your options, and guide you through every step of the Marchman Act process.
Contact Robinson & Casey today to schedule a free consultation and take the first step toward getting your loved one the help they need. You are not alone.
