Court-Ordered Addiction Treatment: Guidance for Families Facing a Marchman Act Petition

Court-ordered addiction treatment is treatment a Florida judge orders for an adult who will not seek help on their own. In Florida, this process runs mainly under the Marchman Act. Families looking for a court-ordered addiction treatment attorney Florida courts will hear from can start with the facts in this guide.

What Court-Ordered Addiction Treatment Means in Florida

Court-ordered addiction treatment is involuntary. The family asks a court to act because the loved one will not accept help. The process has two main stages: an involuntary assessment and, if the criteria are met, an involuntary treatment hearing.

The law sets the bar. Under Fla. Stat. § 397.675, a person meets the criteria if there is good faith reason to believe they are substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder.

For broader context, see involuntary commitment for addiction.

Who This Service Is For

This page is for family members worried about a loved one who denies a drug or alcohol problem, refuses treatment, or has threatened or harmed themselves or others while impaired. Spouses, parents, adult children, siblings and other relatives can all be involved.

Florida law limits who may file for an adult. Under Fla. Stat. § 397.68112, a petition may come from the spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the person’s prior course of assessment and treatment. For a minor, a parent, legal guardian or service provider may file.

In Miami-Dade, the Miami-Dade Clerk’s mental health court page directs adult involuntary treatment requests to the Clerk’s Office Probate Court. Families elsewhere in Florida follow the same statewide statute.

What the Attorney Handles for the Family

An attorney reviews the facts first, then helps prepare and file the petition and represents the family at each hearing. The work includes these steps:

• Criteria review: Checking the family’s facts against the statute before anything is filed.
• Petition content: A petition must name both parties, state their relationship, and give the facts behind the belief that the loved one is impaired. These requirements come from Fla. Stat. § 397.68141, which also requires the name of the respondent’s attorney, if known, and facts showing why the petitioner believes the loved one has lost self-control over substance use and either has caused or is likely to cause physical harm, or refuses care because their judgment is too impaired to recognize the need for it.
• Filing: The petition goes to the clerk in the county where the person is located. Under Fla. Stat. § 397.681, the clerk may not charge a filing fee.
• Emergencies: A court may act on the petition alone and enter an ex parte order, without appointing an attorney, under Fla. Stat. § 397.6818. The attorney explains what that order means for the family.

Guardianship matters are separate. Mental health guardianship and emergency temporary guardianship have their own requirements.

Marchman Act Criteria Florida Courts Consider

The court may order involuntary treatment only if the conditions are proved by clear and convincing evidence. Fla. Stat. § 397.697 states that standard.

• Substance abuse impairment, or a substance use disorder with a co-occurring mental health disorder.
• Loss of the power of self-control with respect to substance abuse.

Evidence matters. Families usually document dated observations, prior incidents, past treatment, and past refusals. A qualified professional’s report from the 30 days before filing may accompany the petition. If the loved one was never assessed, the petition must say so. Family members who know the history may also testify at the hearing.

How the Court-Ordered Process Works Step by Step

The process moves through six stages. Each stage has its own deadlines.

1. Consultation: Review the facts and the loved one’s current situation.
2. Documents: Gather dates, incidents, treatment history and witness names.
3. Filing and scheduling: The court must schedule a hearing within 10 court working days unless a continuance is granted. See Fla. Stat. § 397.68151.
4. Assessment: A clinical assessment is required before involuntary treatment, unless the loved one is present and waives it. An assessment order lasts 90 days. See Fla. Stat. § 397.6957.
5. Hearing: Testimony is given under oath and recorded. The respondent may refuse to testify.
6. If the respondent does not appear at the hearing for any reason, including lack of service, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days, but only after reviewing the petition, testimony, and evidence and reasonably believing the respondent meets the commitment criteria and that a substance abuse emergency exists. Under Fla. Stat. § 397.6977, at the end of the 90-day period of court-ordered involuntary services, the respondent is automatically discharged unless a motion for renewal has been filed with the court.

Venue matters. The Fifth District held in J.P. v. J.N. that a petition filed in the wrong county did not divest the court of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

Burden of proof also matters. The court failed to follow the applicable statute by essentially functioning as the absent petitioner (J.C. v. State). In J.J.J. v. D.G., the court wrote: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.”

Involuntary Commitment vs. Voluntary Addiction Treatment

Voluntary treatment starts when your loved one agrees to it. When emergency circumstances exist, the court may rely on the petition alone and enter an ex parte order for the respondent’s involuntary assessment and stabilization, which must be executed while the hearing on the petition for treatment is pending.

With voluntary treatment, the individual makes the choice. With involuntary treatment, the court decides, based on the petition and the evidence. The court route fits when the loved one will not consent and the statutory criteria appear to be present.

The court order has a fixed limit. An order for involuntary treatment must include findings regarding the respondent’s need for treatment and the appropriateness of other less restrictive alternatives, so the family should understand what happens at the end. If you’re unsure which path fits your situation, the first consultation is the place to sort that out.

Why Families Work With Robinson Casey

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Our team includes support staff who help families with paperwork and scheduling.

Families get a plain-language walkthrough tied to each statute. The firm keeps Marchman Act matters separate from guardianship matters, so each family knows which legal path applies. The firm also explains venue, because the petition belongs in the county where the loved one is located.

The first consultation is free, confidential and comes with no obligation to continue.

Frequently Asked Questions

Talk to a Florida Attorney About Your Loved One Today

If your loved one keeps refusing help while drinking or drug use puts them or others at risk, you don’t have to decide the next step alone. Call (561) 849-4700 or request a consultation with Robinson Casey, and we’ll review the facts with you.