How to Get Someone Into Rehab Who Refuses

How to Get Someone Into Rehab Who Refuses: Florida Legal Options

When addiction is severe and someone refuses treatment, voluntary rehab isn’t an option. Florida law gives families a legal pathway to compel assessment and treatment through the Marchman Act and involuntary commitment—civil court processes designed to protect people who pose serious risk to themselves or others. This guide explains how these mechanisms work, what to expect, and how Robinson & Casey helps families navigate the process.

When Someone Refuses Rehab: Your Legal Options in Florida

Voluntary treatment works when someone recognizes the problem and agrees to help. But active addiction often destroys that willingness. When refusal puts someone at imminent risk—overdose, unsafe driving, inability to care for themselves—waiting for voluntary acceptance can be dangerous.

Florida provides two primary legal tools: the Marchman Act (a civil commitment statute) and involuntary commitment for addiction. Both allow a family member, physician, or law enforcement officer to petition a court for an order compelling the person to undergo assessment and, if warranted, court-ordered treatment. Neither is criminal; both are focused on treatment, not punishment.

What Is the Marchman Act and How Does It Work?

The Marchman Act, codified in Florida Statute § 397.675, allows an authorized person to file a petition with the court seeking involuntary assessment and treatment of someone with substance use disorder.

Who can file a Marchman Act petition: – A spouse, parent, adult child, sibling, or other family member – A physician or mental health professional – A law enforcement officer

What the Marchman Act does: The law compels the respondent (the person being petitioned against) to undergo professional assessment at a designated facility. If the assessment shows substance use disorder and risk, the court may order treatment—inpatient or outpatient—for up to 60 days, renewable if clinically necessary.

Key distinction: This is a civil process, not a criminal one. The goal is assessment and treatment, not jail or punishment. The respondent retains legal rights, including the right to attend hearings and present a defense.

The Marchman Act Process: Step-by-Step

Understanding the timeline and what happens at each stage helps you prepare and set realistic expectations.

Step 1: Petition Filing

You (or an authorized person) file a petition with the court describing the respondent’s substance use, their refusal of treatment, and the specific ways their use creates risk to health or safety. The petition must include concrete facts—dates, incidents, behavioral examples—not vague concerns. A judge will later decide whether these facts meet the legal standard for involuntary commitment.

Step 2: Emergency Temporary Involuntary Commitment (Ex Parte Hearing)

If danger is imminent, you can request an ex parte hearing—one held without the respondent present. The judge reviews your petition and evidence. If the court finds imminent danger, it may grant emergency temporary commitment for up to 5 days. This is the fastest legal intervention available; it can happen within hours.

Step 3: Full Hearing

Within 5 business days of emergency temporary commitment, a full hearing must occur. The respondent attends, has the right to an attorney, and can present a defense. You (or your attorney) present evidence. The judge decides whether to order assessment and/or treatment based on whether the legal standard is met: whether the person’s substance use creates a substantial likelihood of serious harm to self or others, or whether they’re unable to care for themselves.

Step 4: Assessment

If the court orders it, the person is transported to a designated assessment facility. A professional evaluates their substance use, medical and mental health status, and treatment needs.

Step 5: Treatment Order

Based on the assessment, the court may order inpatient or outpatient treatment for up to 60 days. The order can be renewed if clinically necessary.

Timeline: Emergency temporary commitment can occur within hours. The full hearing typically happens within 5 business days. Treatment duration depends on the court order and the facility’s clinical judgment.

Involuntary Commitment for Addiction: When and Why

Courts don’t order involuntary commitment automatically. The legal standard is strict: the person’s substance use must create a substantial likelihood of serious harm to self or others, or they must be unable to care for themselves.

Examples of substantial likelihood of harm: – Active overdose risk or recent overdose – Driving under the influence – Neglect of basic health and safety (not eating, untreated medical conditions) – Violent behavior linked to substance use – Loss of housing or inability to maintain shelter due to use

The judge weighs the evidence you present and decides whether the standard is met. This is not automatic; a weak or vague petition is often denied. Specific facts, dates, and credible evidence matter.

What Robinson & Casey Handles in Marchman Act and Involuntary Commitment Cases

Robinson & Casey has handled Marchman Act and involuntary commitment cases for families across South Florida and statewide. Here’s what we do:

Petition Preparation and Filing

We draft a petition tailored to your situation, grounded in specific facts and legal grounds. Vague petitions fail; we ensure yours includes the concrete behavioral examples, dates, and evidence a judge needs to find the legal standard is met.

Emergency Temporary Commitment Hearings

When danger is imminent, we represent you at ex parte hearings to seek immediate protective orders. Speed and clarity matter; we prepare your case for same-day or next-day court action.

Full Hearing Representation

We appear at the court hearing, present evidence, make legal arguments, and respond to the respondent’s defense. We understand what local judges expect and how to present your case persuasively.

Documentation and Evidence Gathering

We help you organize medical records, witness statements, behavioral documentation, and other evidence that supports your petition. Strong evidence is the foundation of a successful case.

Post-Order Guidance

After the court issues an order, we advise you on compliance, what happens next, and whether renewal is necessary if treatment needs to continue.

Statewide Service

We handle Marchman Act cases throughout Florida, not just South Florida. If you’re in any part of the state, we can help.

Why This Matters: The Role of Legal Representation

Court standards are high. Judges require clear, credible evidence that the legal threshold is met. A family member can file a Marchman Act petition without a lawyer, but the petition language, evidence presentation, and hearing strategy matter enormously.

Vague petitions—ones that describe concern without specific facts—are often denied. Judges see dozens of petitions. Yours must stand out with concrete details: what substance, how often, what happened on what date, what specific risk resulted.

Hearing preparation is critical. The respondent may have an attorney who will challenge your evidence and argue that the legal standard isn’t met. You need someone who understands the judge’s expectations, knows how to present evidence effectively, and can anticipate and counter the defense.

Time sensitivity is real. If you miss the window for emergency temporary commitment, the urgency fades. If your petition is poorly drafted, the court may deny it, and filing again takes time. Robinson & Casey understands local courts and the judges’ expectations; we help you get it right the first time.

Frequently Asked Questions

What to Expect When You Contact Robinson & Casey

Initial Consultation

We listen to your situation, review what you know about the person’s substance use and refusal, and explain your legal options plainly.

Case Assessment

We determine whether a Marchman Act petition or involuntary commitment is appropriate and likely to succeed based on the facts you provide.

Petition Preparation

If you decide to proceed, we gather details from you, organize evidence, and draft a petition tailored to your case and the court’s expectations.

Court Representation

We appear at hearings and present your case to the judge.

Ongoing Support

We answer questions and guide you through the process from filing to order issuance.

Next Steps: Getting Legal Help Now

If someone you care about is refusing treatment and their substance use is creating serious risk, legal intervention may be necessary. Robinson & Casey handles Marchman Act petitions and involuntary commitment cases for families in this exact situation—people call regularly when they’ve exhausted other options and need a court order to compel treatment.

When you’re ready to explore whether a Marchman Act petition or involuntary commitment is right for your case, call (561) 849-4149 to schedule a consultation. Or contact us online to discuss your situation and next steps.