Marchman Act in Fort Lauderdale

Helping Fort Lauderdale Families Through Addiction Crises

Addiction strains marriages, frightens children, and leaves parents feeling powerless. Our Fort Lauderdale Marchman Act attorneys help families take legal action when a loved one cannot recognize the danger they are in. Florida passed the Marchman Act in 1993 to give families a path forward: a way to petition a court for assessment, stabilization, and treatment for a loved one who will not seek care alone.

The Marchman Act and Broward County

The Marchman Act in Broward County

Few places feel the addiction crisis like Broward County. It has been one of the hardest-hit counties in Florida’s fentanyl epidemic, and the Fort Lauderdale area is home to more than 100 treatment centers and a large network of sober living homes. Ahead of the 2024 spring break season, the city distributed thousands of doses of naloxone to curb overdoses.

That recovery industry draws people from across the country, which means many out-of-state parents face a crisis here when a son or daughter relapses far from home. Robinson and Casey helps Broward families, local and out-of-state, act fast through the Seventeenth Judicial Circuit Court in and for Broward County.

Understanding the Law

What the Marchman Act Does

The Marchman Act lets families ask a court to order help for someone who has lost control of their substance use. It is meant for people who:

  • Have lost control over how much they use
  • Cannot make sound choices because of chemical dependence
  • Put themselves or others at risk

After a petition is accepted, the person is evaluated, and a judge decides the next step.

Understanding the Law

Substances the Law Covers

The Marchman Act reaches a broad list of substances, and in Broward County fentanyl and opioids drive much of the harm. The law also covers:

  • Alcohol

  • Benzodiazepines

  • Cocaine

  • Crack

  • Heroin

  • Inhalants

  • Pharmaceuticals

  • Opioids

  • Over-the-counter medication

  • Methamphetamine

Acting early, with experienced legal help, improves your loved one’s odds of recovery.

Legal Criteria

When a Court Can Order Treatment

A court orders treatment only when the case clears a firm bar:

  • Solid proof the person may harm themselves or others
  • Good reason to believe they cannot see their own need for help

Repeated DUI incidents, for instance, can show a court real danger. Families usually file as a last resort.

Eligibility

Who Can File a Petition

You need a close connection to the person: a spouse, legal guardian, or relative. A group of three adults with direct knowledge of the addiction can also file. If the person has no close contacts, an employer, doctor, teacher, or law enforcement officer can file an emergency petition. We can also walk you through the Marchman Act process from filing to treatment.

FAQ

Frequently Asked Questions

Yes. The petition is filed where your loved one is located, which would be Broward County. You do not need to live in Florida to start the process, and we regularly help out-of-state parents.

The court can order assessment and treatment, often for up to 90 days, with extensions if needed. If the person does not comply, the court has tools to enforce its order.

Emergency petitions move quickly, sometimes within days. A standard case depends on the Seventeenth Circuit’s schedule. We push to keep things moving so your loved one gets care sooner.

Treatment coverage depends on the program and the person’s plan. While we are attorneys, not a treatment provider, our experience in this field helps us point families toward suitable programs.

It is Florida’s form of involuntary commitment for substance abuse. It is a civil court process, so it does not create a criminal record for your loved one.

Urgent Situations

Free Emergency Consultation

When a loved one is in crisis, every hour counts. Lean on our experience and our commitment to protect your family.

Schedule a Consultation or call (561) 849-4149.