Can You Be Sued for a Marchman Act Petition in Florida?

If you’re thinking about filing a Marchman Act petition in Florida, you may wonder whether you can be sued for doing so. Anyone can be named in a lawsuit. Being named, though, is not the same as being found liable, and a petition made in good faith stands on different ground than one that is false or filed to harass.

Florida’s rules are specific. Here is how they work, in plain terms.

Can a Family Member Be Sued Over a Marchman Act Petition?

Yes, a family member can be named in a lawsuit over a petition, but being sued does not mean you did something wrong. Most families file because they are worried about a loved one whose drinking or drug use is causing serious harm.

Florida law lets a range of people start this process. For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of the prior course of assessment and treatment can file, under Fla. Stat. § 397.68112.

The real question is usually whether the petition was honest and well grounded. A petition built on what you personally saw and heard is different from one built on rumor or a grudge. The answer depends on the facts of each situation.

Courts look hard at the petition itself. D.H. v. K.J.R. (2d DCA 2024)

How a Marchman Act Petition Works and Who Files It

A Marchman Act petition asks a Florida court to order involuntary treatment for an adult whose substance use has become dangerous. The person who files is the petitioner. The loved one named in the petition is the respondent.

The petition goes to the clerk of the court in the county where the person is located.

The petition must name both people and describe their relationship. It must also state the facts that show why services are needed. Fla. Stat. § 397.68141 lists what those facts must cover.

After filing, the court must schedule a hearing within 10 court working days unless a continuance is granted. Fla. Stat. § 397.68151 sets that timeline.

The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed an order where the trial court questioned the only witness after the petitioner was absent. Florida districts differ on related questions. The Fourth District decision in J.J.J. v. D.G. certified conflict with Fifth District rulings.

For the full process, read our involuntary commitment for addiction guide.

Which Claims Are Sometimes Brought Against Petitioners

Some people who feel wronged by a petition try to bring a different kind of civil claim. Common examples include malicious prosecution, abuse of process, and defamation.

Each claim has its own requirements. The name of a claim alone does not show that it has merit. The statements you make outside court are often what create separate exposure, so keep them accurate and limited to what you know.

Facts That Usually Matter in Any Dispute Over a Petition

What usually matters most is what the petitioner personally knew, how they knew it, and why they filed.

Start with your own observations. Specific, first-hand facts, such as a fall, a threat, or a missed medical appointment, are easier to stand behind than general worries. The statute asks for the reason you believe the person is impaired, so write down the details you can support.

Next, look at the basis for the claim of impaired judgment. Fla. Stat. § 397.675 says mere refusal to receive services does not constitute evidence of lack of judgment. A petition that rests on refusal alone is on weaker ground.

Purpose also matters. Concern for safety and treatment is different from an unrelated motive, such as a property or custody dispute. Honesty with the court and cooperation with the process that follows matter too.

Mistakes That Can Hurt a Family’s Position

The biggest mistakes usually involve records, public posts, and missed deadlines.

Keep texts, voicemails, photos, and social media posts that relate to your loved one’s behavior. Don’t delete them. Don’t pressure your loved one or anyone else to change their account of events outside the court process.

Think before you post. Petitions and related court records are confidential under Fla. Stat. § 397.6760. Still, posts about the loved one or the case in group chats can reach people the court never meant to involve.

Accuracy matters from the first page. A verified document can include a written declaration that its facts are true under penalties of perjury. Under Fla. Stat. § 92.525, knowingly making a false declaration is perjury by false written declaration, a felony of the third degree.

Don’t ignore court papers. A missed response date can hurt your position.

What to Do If You Receive Court Papers or a Demand Letter

If court papers or a demand letter arrive, read them right away and write down every deadline. Time limits are a reason not to wait.

Keep a copy of everything in its current form, including messages, notes, and records. Keep any reply to the other side brief and factual. Don’t sign anything until you understand what it says.

Time limits depend on the type of claim. Other claims have their own timing.

Talk Through Your Situation With Robinson Casey

If you’re facing a possible claim after trying to protect someone you love, that is a heavy load to carry alone. Robinson Casey focuses its practice 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.

For Miami-Dade readers, the Miami-Dade Clerk’s Mental Health Court page directs people seeking involuntary alcohol or drug abuse treatment to the Clerk’s Office Probate Court for adults.

Common Questions

Can you be sued for filing a Marchman Act petition in Florida? Anyone can be named in a lawsuit. Being named is not the same as being found liable.

Where is a Marchman Act petition filed? It is filed with the clerk of the court in the county where the person is located.

To talk through your situation, call (561) 849-4149 or reach us through our contact form. The first consultation is free, confidential, and carries no obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso).