Helping Families Take the First Step Toward Treatment

A spouse may be able to file a Marchman Act petition in Florida, but the court decides whether any treatment order is entered. Unmarried partners may or may not fit the statute’s categories, so the facts and the filer’s relationship to the person matter.

This page explains the process in plain terms. This page provides general information about Florida’s Marchman Act and guardianship matters. It is not legal advice. It is not a promise about how any court will rule.

What the Marchman Act Is and Whether a Spouse or Partner Can Use It

The Marchman Act is Florida’s court process for involuntary assessment and treatment of adults impaired by substance use. Under Fla. Stat. § 397.68112, a petition for an adult may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s impairment and prior treatment. Other requirements may apply, and the court decides.

The statute uses the word “spouse” without reference to gender. A husband or a wife may each fall within that category. An unmarried partner would need to fit another category, such as a relative or an adult with direct personal knowledge.

The Baker Act is a separate Florida process. This page covers only the Marchman Act.

Emergency and Non-Emergency Filings Under the Statute

Fla. Stat. § 397.6818 addresses situations in which the petitioner asserts that emergency circumstances exist, and the court may act on that basis, as the statute provides. Fla. Stat. § 397.6818 Each has its own steps, and the court decides how each one applies.

When emergency circumstances exist, Fla. Stat. § 397.6818 says the court may rely solely on the petition. Without appointing an attorney, the court may enter an ex parte order for involuntary assessment and stabilization.

Chapter 397, Florida Statutes, governs emergency assessment and admission. Other requirements may apply, and the court or a certifying professional decides based on the circumstances of each case.

Without an emergency, the court still schedules a hearing. Under § 397.68151, the court shall schedule a hearing within 10 court working days unless a continuance is granted. Later timing depends on the court’s schedule and discretion.

Safety Concerns and Documentation to Gather

If anyone is in immediate danger, call 911 first. The Marchman Act runs through the courts. It is not an emergency response line.

Useful records include:

• Dated notes about specific incidents, including what was said or done.
• Texts, voicemails, or emails about the person’s use or refusal of help.
• Photos of injuries or damaged property, if any exist.
• Medical, police, or treatment records you already have.
• A timeline of past treatment attempts and who assessed the person.

A petition must give the reasons you believe the person is impaired and has lost self-control. Fla. Stat. § 397.68141 lists what the petition must contain. The statute also says that mere refusal of services is not, by itself, evidence of impaired judgment. That point appears in § 397.675.

Gathering records does not, by itself, establish the legal grounds for a petition. The court hears relevant evidence, including testimony from family members who know the person’s history (§ 397.6957). Your own safety, finances, and children can also come up at consultation.

What to Expect From Consultation to Court Hearing

The process moves from consultation to filing, hearing, and any court order. The court decides at each stage.

1. Initial consultation. The first consultation with Robinson Casey is free, confidential, and carries no obligation to continue. The consultation is free and confidential, with no obligation to continue.
2. Document review. We check who may file and what other requirements may apply. The court makes the final call on those questions.
3. Petition preparation. If you choose to move forward, the petition is prepared with the content the statute requires.
4. Filing. The petition goes to the clerk of the court in the county where the person is located (§ 397.681).
5. Hearing. The respondent has a right to counsel at every stage. The statute says the respondent must generally be present at the hearing (§ 397.6957).
6. Possible orders. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days (§ 397.697).

Every case moves differently. The court may decide differently than a family expects.

What Legal Representation Covers and What It Cannot Promise

Representation can cover the case work before and during a Marchman Act proceeding. No lawyer can promise a particular result.

Scope may include:

• Reviewing the facts against the statute’s criteria.
• Explaining each step and each order the court may enter.
• Preparing and filing the petition.
• Representing you at scheduled hearings.
• Updating you on next steps.

Representation does not decide how the court rules. The court decides based on the evidence and its discretion. A lawyer may also conclude that another path fits better, and will say so at consultation.

On cost, the statute says the clerk may not charge a fee for filing the petition (§ 397.681). Other costs should be confirmed before you decide. In some matters a case may be referred to another lawyer or firm. We will tell you if that applies to yours.

Why Robinson Casey Handles These Matters

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. Those matters include:

• Marchman Act petitions and involuntary commitment for addiction.
• Emergency temporary guardianship.
• Plenary, limited, and mental health guardianship.

Richard J. Casey III, Esq. is the lawyer responsible for this page. His work focuses on Marchman Act and guardianship matters. Our team includes support staff who handle scheduling and document intake. Legal questions go to the lawyer.

Common Questions Spouses and Partners Ask

Talk With Richard J. Casey III About Your Situation

If you’re watching a spouse or partner refuse treatment while worrying about their safety and the next court step, you don’t have to sort out the statute alone. Call (561) 849-4149 or request a time through our contact page for a free, confidential initial consultation with no obligation to continue. Richard J. Casey III, Esq. can discuss your situation with you during a consultation. The court makes the final decision.