Pursuing Involuntary Commitment for Addiction in Florida

Marchman Act Attorney: Force Someone Into Rehab in Florida

Yes, you can force someone into rehab in Florida through a legal court process. Florida’s Marchman Act (Fla. Stat. § 397.675) allows family members, guardians, physicians, and other qualified persons to petition a court for involuntary treatment of substance abuse. This is not kidnapping—it is a civil court order based on evidence that the person has a substance abuse disorder, refuses voluntary treatment, and faces serious harm without intervention.

What Is the Marchman Act?

The Marchman Act is Florida’s civil statute for involuntary commitment involving alcohol and drug abuse. It recognizes that severe addiction can impair judgment and that court-ordered intervention may save a life. The law applies statewide and covers both residential and outpatient treatment.

Florida Statutes Chapter 397, Part IV allows a court to order someone into treatment without their consent when voluntary treatment has failed or been refused. A court-ordered commitment is medical intervention—not punishment. The person does not have to agree, sign consent forms, or want help. The court determines whether legal criteria are met and orders treatment in the person’s best interest.

Who Can File a Marchman Act Petition?

Several categories of people can file:

• A family member (spouse, parent, adult child, or sibling)
• A guardian or legal representative
• A physician or licensed mental health professional who has examined the person
• A law enforcement officer
• A state attorney or public health officer

You do not need to be a lawyer to file. However, an attorney familiar with the Marchman Act and your county’s court procedures will prepare a stronger petition, gather the right evidence, and move the case faster.

What Must Be Proven?

To obtain a court order for involuntary commitment, you must prove four elements to the judge:

1. The person has a substance abuse disorder. They use alcohol or drugs in a way that harms their health, safety, or ability to function.
2. The person is unable or unwilling to seek treatment voluntarily. They have refused treatment or relapsed after attempting it.
3. Without treatment, the person is likely to suffer serious bodily harm, death, or pose a threat to others. The judge must find the danger is real and imminent.
4. The person is not currently in treatment or has failed prior treatment attempts. Current voluntary treatment may eliminate grounds for involuntary commitment.

The legal standard is “clear and convincing evidence.” This burden is higher than “preponderance of the evidence” but lower than “beyond a reasonable doubt.” The judge must be substantially certain all four elements are met.

The Marchman Act Process: Step-by-Step

Step 1: Petition Filed

An attorney prepares a petition including your name, relationship to the person, facts about their substance abuse, prior treatment attempts, and incidents (overdoses, hospitalizations, DUIs, arrests). The petition is filed in the county where the person lives, works, or is currently located.

Step 2: Ex Parte Emergency Order

A judge may issue an emergency order without the person present in court. This allows law enforcement to take the person into custody immediately for up to 5 days while a full hearing is scheduled. The person does not contest it at this stage but will have that opportunity at the full hearing.

Step 3: The 5-Day Hold and Evaluation

The person is held in a secure evaluation center (not jail). Medical and mental health professionals evaluate them. They may begin detoxification or stabilization. The person has the right to an attorney, appointed if they cannot afford one.

Step 4: Notice and Full Hearing

The person is notified of the petition and hearing date. They have the right to appear, present evidence, call witnesses, and contest the petition. An appointed or hired attorney can cross-examine your witnesses and argue the criteria are not met. This hearing must occur within 5 days of the emergency order.

Step 5: Judge’s Decision

The judge decides whether clear and convincing evidence supports involuntary commitment. If all four elements are proven, the judge issues a court order committing the person to treatment. If evidence is insufficient, the person is released.

Step 6: Treatment Placement and Court Oversight

The person is placed in a court-approved treatment facility. Treatment typically lasts 30 to 60 days initially. The court can extend the commitment if the person continues to meet legal criteria. The facility provides detoxification, counseling, group therapy, and evidence-based services. The court receives progress reports from the treatment provider.

Marchman Act vs. Emergency Temporary Guardianship

These are two separate legal tools serving different purposes:

Marchman Act: Focuses solely on involuntary commitment for substance abuse treatment. It does not give you control over finances, medical decisions, housing, or other affairs. Its goal is to get the person into treatment.

Emergency Temporary Guardianship: A broader legal arrangement giving you authority over medical, financial, and personal decisions. It is used when someone lacks capacity to care for themselves due to mental incapacity, not just substance abuse.

You may pursue both. For example, file a Marchman Act petition to get the person into addiction treatment and separately file a guardianship petition if they also lack capacity to manage finances or medical care. Robinson & Casey handles both and can advise which path—or combination—fits your situation.

Can the Person Leave Before Treatment Ends?

No. A court-ordered Marchman Act commitment is legally binding. The person cannot simply leave; law enforcement may return them to the facility. The person can petition the court to end the commitment early by showing changed circumstances or that original grounds no longer exist. The facility and court take compliance seriously to protect the person’s health and safety.

Common Questions

Robinson & Casey: Marchman Act Petitions and Guardianship

Robinson & Casey handles Marchman Act petitions and guardianship matters exclusively. This is not a sideline—it is the firm’s core work. The firm has filed numerous Marchman Act petitions across South Florida and statewide, navigating courts and treatment systems. When addiction is urgent, delays matter. Robinson & Casey files petitions correctly the first time and moves cases through the court process quickly.

The firm explains what the law allows, what evidence you need, and what to expect—honest assessment, not false promises. From the initial petition through the emergency hold, the hearing, and ongoing court involvement, Robinson & Casey handles the legal work so you can focus on your family member’s recovery.

What to Bring to Your Consultation

To make the most of your consultation, gather:

• Names, dates of birth, and contact information for the person and family members involved
• A timeline of the person’s substance abuse (when it started, how it has progressed)
• Documentation of prior treatment attempts (facility names, dates, outcomes)
• Any incidents related to the substance abuse (DUIs, overdoses, hospitalizations, arrests)
• Medical or mental health records, if available
• Your relationship to the person and your concerns about their safety
• Information about where the person currently lives or is located

Schedule a Consultation

If you are facing the difficult decision of whether to pursue involuntary commitment for a loved one struggling with addiction, contact Robinson & Casey for a consultation. An attorney will listen to your situation, explain your legal options under the Marchman Act, answer your questions, and outline the process and timeline.

When you’re watching someone you care about refuse help and spiral deeper into addiction, that’s when families reach out to Robinson & Casey. Call (561) 849-4700 to schedule a consultation. An attorney will discuss your circumstances and help you understand the best path forward.