Marchman Act Order Violation in Florida: What to Do Next

If a person under a Marchman Act order in Florida is not following it, the court still controls the next steps. This guide explains what the order requires, what counts as a violation, and what families should do first. It also covers how the court and law enforcement generally respond when an order is not followed.

What a Marchman Act Order Requires

A Marchman Act order directs a person to receive involuntary assessment, stabilization, or treatment for substance use. Before a court orders treatment, there must be a good-faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and because of that has lost the power of self-control with respect to substance abuse, and meets either the need-for-services and judgment-impairment test or the neglect or harm test under § 397.675. Fla. Stat. § 397.675 sets out those criteria.

Fla. Stat. § 397.68112 lists who may file.

Fla. Stat. § 397.697 governs that order.

Families do not decide compliance on the spot. The order sets the rules, and the court keeps jurisdiction over the case afterward. The respondent, the person named in the petition, has the right to counsel at every stage, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The respondent also has the right to counsel at every stage, which he or she may waive only if present and the court finds the waiver knowing, intelligent, and voluntary. Fla. Stat. § 397.681 states that right.

What Counts as a Violation and Why It Happens

A violation is failing to follow the terms of a valid court order. Examples include skipping a required assessment, leaving a treatment program, or refusing treatment or transport the order requires. Missing a hearing matters too, because the respondent generally must be present. Fla. Stat. § 397.6957 covers hearing attendance.

People often refuse because they deny they have a problem, or because they fear withdrawal. Fla. Stat. § 397.675 says that mere refusal of services is not evidence of lack of judgment. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”

Not every family conflict is a violation. A missed visit or a heated phone call is not a breach of a court order. Only conduct that breaks the order’s terms counts. Keep that line clear in your own notes.

What Families Should Do Right After Non-Compliance

Write down what happened while the details are fresh. Record the date, time, and place. Note what the person said or did, who saw it, and any response from the facility or program.

Keep the court papers in one folder. That includes the petition, the order, the service papers, and any letters from the provider. Courts hear family testimony about the person’s history, so a clear record helps.

Do not try to force compliance yourself or act outside the court’s process. Tell the court or your attorney promptly so the next filing can happen on time.

If someone is in immediate danger, including overdose risk, call 911 right away. Keep a short log of any safety concerns along with your other notes.

How the Court and Law Enforcement Process Works After Non-Compliance

The court can respond to a violation with further orders. It may monitor compliance, change the treatment approach, or start contempt proceedings for violating a valid order. Fla. Stat. § 397.697 states these powers.

Under Fla. Stat. § 397.697(1)(a), when the court finds it necessary, it can order the sheriff to take the respondent into custody and bring them to the licensed service provider specified in the court order or to the nearest appropriate licensed service provider. Fla. Stat. § 397.341 requires that a law enforcement officer transporting an individual under this chapter restrain that individual in the least restrictive manner available and appropriate under the circumstances.

Timing matters. Fla. Stat. § 397.68151 requires the court to schedule a hearing on a petition within 10 court working days unless a continuance is granted. Before a 90-day period ends, a provider that believes the person still qualifies must file a renewal petition. A renewal can add up to another 90 days. Fla. Stat. § 397.6975 explains renewal.

Where the petition is filed also matters. In J.P. v. J.N., the Fifth District held that filing in the wrong county is a venue problem, and the remedy is transfer, not dismissal.

In J.C. v. State, the Fifth District reversed because the trial court questioned the only witness while the petitioner was absent. A Fourth District decision has certified conflict on a related question.

Mistakes That Can Hurt a Family’s Position

Most mistakes involve timing, tone, or paperwork. Avoid these common ones:

• Making threats or promises you cannot keep. This can let the person set the terms.
• Posting about the case on social media. Public comments can complicate the record.
• Filing without knowing which request fits. A renewal, a contempt request, and a new petition are different steps.
• Waiting too long for advice. Hearing and renewal deadlines run on short schedules.
• Giving vague accounts. Testimony is taken under oath, so dates and specifics matter.

Remember that the clerk may not charge a fee for filing a Marchman petition. Fla. Stat. § 397.681 states that rule.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters in Florida. Richard J. Casey III, Esq. is the lawyer responsible for this page.

The practice serves families in Miami-Dade and South Florida and across Florida. Our team, which includes support staff, helps families gather records and organize documents for the file.

Some matters may need to be referred to another lawyer or firm. If that applies to your situation, we will tell you.

Frequently Asked Questions

Talk With Robinson Casey About Your Situation

If your loved one is not following a Marchman Act order, you are likely facing a hard decision with little time. You do not have to sort out the next step alone.

The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or request a consultation to review the order and the violation.