Marchman Act Order Violation in Florida: Next Steps
If a relative has walked out of treatment under a Marchman Act order in Florida, you may be asking what a violation means and what happens next. Leaving a court-ordered program can bring the court back into the case, and the court can act on the order it already issued.
Why you are reading this if your loved one has walked out of treatment
Leaving court-ordered treatment is a serious problem, and the court that issued the order keeps authority over it. You may have learned of the departure from a phone call, a notice, or a message from the facility. Now you have to decide what to do, often in a short time.
This guide gives general information about Florida law. It does not replace advice on your own case. It covers what the order requires, what leaving can lead to, and the first steps families ask about.
What a Marchman Act order requires of the person
The court can enter that order only after it finds the conditions proved by clear and convincing evidence. Fla. Stat. § 397.697 sets that rule.
Families often assume the order is a general instruction to get help. It is narrower. The order may specify the licensed provider that receives the person, or the person may be delivered to the nearest appropriate licensed service provider. If the court finds it necessary, it may direct the sheriff to take the person into custody and deliver him or her to the provider named in the order, or to the nearest appropriate licensed service provider.
Read the exact wording of the order. A violation is measured against what the order says, not against general ideas about treatment. Keep your copy with any treatment plan you receive. The Florida involuntary addiction commitment overview explains the wider process.
What counts as leaving treatment under the order
Leaving treatment means the person is no longer in the program the order requires. That can happen by walking out of a facility, not returning from a pass, or missing required program attendance.
Whether a missed day counts as a violation turns on the order’s terms and the facility’s records. Those records usually include admission and discharge dates, any notice of departure, and the written treatment plan. Ask the facility for copies, and ask for the discharge date in writing.
Florida law also provides for emergency admission. A person who meets the involuntary admission criteria may be admitted for emergency assessment and stabilization. The admission requires a certificate from a listed professional, such as a physician or clinical social worker, plus a completed application. If the certificate comes from a master’s-level-certified addictions professional, it must be specific to substance abuse impairment. Fla. Stat. § 397.679 sets out this path.
What the court and the treatment provider can do after a departure
After a departure, the court can act on the existing order. Fla. Stat. § 397.697 says the court keeps jurisdiction in every case with an order for involuntary treatment. It may monitor compliance, change the treatment, or start contempt of court proceedings for violating a valid order.
Time limits also shape what happens next. A provider may not hold a person for more than 72 hours of observation unless an exception applies, such as a court-granted extension. Fla. Stat. § 397.6818 sets that limit. Under Fla. Stat. § 397.6818, a service provider may not hold a respondent held under an ex parte assessment and stabilization order for longer than 72 hours of observation, unless an exception applies, such as a court-approved extension, withdrawal or medical needs, or a weekend or holiday. Fla. Stat. § 397.6797
The statute’s criteria are specific. The person must have lost the power of self-control with respect to substance abuse. The person must also be unable to appreciate the need for services, or be likely to neglect themselves or to harm themselves or others. Fla. Stat. § 397.675
How a new Marchman Act petition is filed and who can file it
A relative can file a Marchman Act petition for an adult. For an adult respondent, a petition may come from a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment. Fla. Stat. § 397.68112 Fla. Stat. § 397.68112
Filing location matters. The petition must be filed with the clerk of the court in the county where the person is located. Fla. Stat. § 397.681 sets that rule. Under Fla. Stat. § 397.681, a petition for involuntary treatment must be filed with the clerk of the court in the county where the person is located. In J.P. v. J.N., a Florida appellate court explained that “the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.”
The alleged impaired person is named as the respondent. Fla. Stat. § 397.68141 sets the other required contents of the petition, including the petitioner’s name, the petitioner’s relationship to the respondent, and the facts showing a need for services. Fla. Stat. § 397.68141 sets those contents. In an emergency, the petition must describe the exigent circumstances and may request an ex parte assessment and stabilization order.
Filing does not produce an order by itself. Fla. Stat. § 397.6957
Practical steps for the family in the first days
In the first days, write down the facts, keep the papers together, and record every contact. Start with these steps:
- Note the date and time you learned of the departure.
- Write down the facility’s name, its contact details, and any case number.
- Keep copies of the order, the treatment plan, and any notices in one folder.
- Record who you spoke with, when, and what was said.
- Write a short timeline of the person’s recent program attendance.
If anyone is in immediate danger, contact emergency services right away. This guide does not replace that step.
Common questions
Yes. Fla. Stat. § 397.697
Talk with Robinson Casey about your loved one’s situation
If your loved one has left court-ordered treatment, you do not have to sort out the order and the deadlines alone. Robinson & Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.
The first consultation is free, confidential, and carries no obligation to continue. To talk through your loved one’s order and timing, call (561) 849-4149 or schedule a consultation.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Results turn on the facts of each case, and no outcome is promised.