Worried About an Adult Child's Addiction? Explore Your Court Order Options

Court Order Attorney for an Adult Loved One’s Addiction in Florida

A Marchman Act petition asks a Florida court to order an adult into assessment and, if the court finds it’s needed, substance abuse treatment. Many family members use this court route when a loved one won’t accept help on their own. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida, including Miami-Dade, and statewide. This page explains who can file, what the petition must show, and what to expect.

What a Marchman Act Court Order Is for an Adult Loved One

A Marchman Act court order is a judge’s order requiring an adult to be assessed for substance abuse and, if the criteria are met, to receive treatment. The law is in Chapter 397, Florida Statutes. The adult named in the petition is called the respondent.

The process has two levels. An assessment order gets the respondent evaluated. A treatment order can follow, and the court may order involuntary treatment services for up to 90 days when the conditions are proved by clear and convincing evidence. In an emergency, the court can enter an ex parte assessment and stabilization order based on the petition alone.

The court makes these decisions, not the family. These criteria come from Fla. Stat. § 397.675.

Who Can File a Marchman Act Petition and What It Must Show

For an adult, a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment can file. That rule, which covers an adult with direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment, comes from Fla. Stat. § 397.68112.

The petition must name the respondent and the petitioner. It must state their relationship and the respondent’s attorney, if known. It must also set out the facts, as Fla. Stat. § 397.68141 requires. The facts must explain why you believe the respondent is impaired and has lost self-control. They must also explain either the risk of physical harm, or why the respondent’s refusal of care comes from impaired judgment.

A report from a professional who examined the respondent within 30 days can go with the petition. If the respondent was not assessed or refused an evaluation, the petition must say so.

Gather specific dates, incidents, prior treatment attempts, and witness names before you file. Concrete events give the court facts to weigh. General worry does not.

Filing location matters. The petition goes to the clerk in the county where the respondent is located, and the clerk may not charge a filing fee (Fla. Stat. § 397.681).

What Robinson Casey Handles in a Marchman Act Matter

Our team starts by reviewing your facts. We then decide whether a Marchman Act petition, a guardianship matter, or another remedy fits your family’s situation. If a petition fits, we prepare it with the supporting facts and file it in the proper county.

We track the notice and service steps. We explain each filing in plain language. We also represent the petitioner at hearings and explain each order the court enters.

Emergencies need fast action. When emergency circumstances exist, the court may rely solely on the petition and, without appointing an attorney for the respondent, enter an ex parte order for involuntary assessment and stabilization. The service provider then may not hold the respondent for more than 72 hours of observation unless a specific statutory exception applies.

The respondent has a right to counsel at every stage of the case, which the respondent may waive only if present and the court finds the waiver knowing, intelligent, and voluntary (Fla. Stat. § 397.681). Our attorneys represent the petitioner, not the respondent. When a loved one cannot manage personal or financial decisions, a guardianship matter may fit better. We handle guardianship matters as well.

How the Process Works, Step by Step

The court must set the hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). Here is the typical sequence.

1. Consultation. We talk through the respondent’s history, recent events, and any prior treatment.
2. Document gathering. You collect dates, incidents, messages, and witness names.
3. Petition filed. The petition goes to the clerk in the county where the respondent is located.
4. Notice and summons. The petition and hearing notice go to the respondent; the respondent’s parent, guardian, or legal custodian, if the respondent is a minor; the respondent’s attorney (if known); the petitioner; the respondent’s spouse or guardian (if applicable); and others the court directs. Unless the chief judge authorizes private process servers, the clerk sends the summons to law enforcement within 6 hours.
5. Hearing. Testimony is taken under oath and recorded. The court can hear family members and order drug tests. The respondent may refuse to testify.
6. Order and monitoring. A treatment order can run up to 90 days. The court keeps jurisdiction to monitor compliance and address violations (Fla. Stat. § 397.697).

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. That focus keeps the work on two areas of Florida law.

• Responsible lawyer: Richard J. Casey III, Esq., is the responsible lawyer for this page. Our team includes support staff who help with filings and scheduling.
• Plain explanations: We explain each step and each filing in everyday language.
• Outcomes depend on the facts and the court’s findings.

Common Questions Families Ask About Court-Ordered Treatment

Yes, a Florida court can order assessment and, when the statute’s criteria are met, treatment through a Marchman Act petition.

Talk With Robinson Casey About Your Loved One’s Situation

If your loved one keeps refusing treatment while the addiction worsens, you can talk through the court options before deciding anything. Your first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4700 or request a consultation to start the conversation.