Marchman Act & Involuntary Addiction Treatment
Legal Help When Your Loved One Won't Seek Treatment
Robinson & Casey guides families through Marchman Act petitions and involuntary commitment proceedings in Florida. When addiction won't wait, we can help.
By Richard J. Casey III, Esq. · Published September 20, 2026
Marchman Act Petition for Involuntary Addiction Treatment in Florida
A Marchman Act petition is a civil court process. It allows family members and professionals to seek involuntary assessment and treatment for substance use disorder. The court decides whether the statutory criteria are met, which can involve factors such as whether voluntary treatment has failed or whether the person poses danger, and other requirements also apply.
If you’re watching a loved one struggle with addiction and voluntary treatment hasn’t worked, a Marchman Act petition may give you a legal path forward. Contact the firm to talk through your situation.
What Is a Marchman Act Petition?
A Marchman Act petition is filed with the court in the person’s home county. It requests involuntary assessment and treatment for addiction. Some people with severe substance use disorder deny their condition. They refuse help or continue using despite devastating consequences. When voluntary treatment fails or behavior creates immediate danger, the Marchman Act provides legal intervention.
This is a civil proceeding, not a criminal one. The goal is treatment and recovery, not jail time. The court decides whether the person meets the statutory criteria under the Act, and other requirements also apply.
The Marchman Act addresses alcohol and drug addiction in Florida.
Who Can File a Marchman Act Petition?
Several categories of people have legal standing to file:
- Healthcare providers and treatment professionals with direct knowledge of the person’s substance use
You do not need to be a lawyer to file. You may choose to consult an attorney.
What a Marchman Act Petition Covers
If the court orders involuntary services under the Marchman Act, the services may include the following:
Involuntary Assessment A qualified professional evaluates the person, with timing set by the statute and the court. This determines the extent of substance use disorder, medical complications, and mental health conditions.
Involuntary Stabilization Short-term inpatient or outpatient care addresses acute withdrawal or medical emergencies. This may help reduce the risk of complications during the transition to longer-term treatment.
Involuntary Treatment Extended residential or outpatient addiction treatment. The court may tailor this to the person’s clinical needs, and the length may be extended or shortened based on progress, depending on the court’s discretion and the circumstances of the case.
Medical and Psychiatric Evaluation Comprehensive assessment identifies co-occurring mental health conditions (depression, anxiety, bipolar disorder, trauma) that often accompany addiction.
Aftercare and Relapse Prevention Planning Before discharge, the facility develops a plan for ongoing support, outpatient counseling, and peer support groups.
The Marchman Act Process: Step-by-Step
Understanding the timeline helps you prepare emotionally and practically for what lies ahead.
Step 1: Petition Filing You file a written petition with the court in the person’s home county. The petition must include specific, concrete facts—not vague conclusions. Show the person’s substance use, behavior demonstrating danger, and evidence that voluntary treatment failed. You’ll need supporting documentation: medical records, treatment history, police reports, or witness testimony.
Step 2: Emergency Hearing (Ex Parte) If the petition alleges immediate danger, the court may hold an emergency hearing without the respondent present. The judge reviews your petition and evidence. If convinced that emergency assessment is necessary, the judge issues an emergency order within 24 hours.
Step 3: Assessment Law enforcement or a designated transport service brings the person to an approved assessment facility. A qualified professional conducts a comprehensive evaluation within 24 hours.
Step 4: Full Hearing Within 5 days of the emergency order (or 10 days of petition filing if no emergency order was issued), a full hearing is held. Both you and the respondent present evidence, call witnesses, and testify. The judge hears arguments from both sides.
Step 5: Court Determination The judge decides whether the person meets statutory criteria for involuntary treatment. If yes, the court issues a treatment order. If no, the petition is denied.
Step 6: Treatment Placement If the court orders treatment, the person is placed in a court-approved facility. The facility develops an individualized treatment plan based on the assessment.
Step 7: Ongoing Review The court may review the treatment plan during treatment. The facility reports on progress. The court may extend, modify, or allow discharge based on clinical progress.
Timeline and What to Expect
Before Filing: Allow 1–2 weeks to gather documentation and work with an attorney to draft a strong petition.
Emergency Assessment: Can begin within 24 hours of an emergency order.
Full Hearing: Typically held within 5–10 days of petition filing.
Treatment Duration: Usually 60–90 days, though the court may order longer or shorter periods based on clinical need.
Variability: Exact timelines depend on court schedules, facility availability, case complexity, and how quickly you gather evidence.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
What You Need to File a Marchman Act Petition
A strong petition includes:
- Specific factual allegations: Detailed, concrete examples of substance use and behavior (not vague statements)
- Medical or professional documentation: Records from treatment providers, physicians, law enforcement, or emergency room visits
- Proof of relationship: A birth certificate, marriage license, or other document showing your standing to file
- Your sworn statement: An affidavit describing what you have personally observed
- Proper legal format: The petition must comply with Florida court rules and include all statutory elements
- Court filing fee: Varies by county; your attorney can advise you of the specific cost
Common Reasons a Marchman Act Petition Becomes Necessary
Families typically consider a Marchman Act petition when:
- Repeated attempts at voluntary treatment have failed
- The person denies addiction despite clear evidence of substance use
- Behavior endangers the person or others (driving under the influence, violence, self-harm)
- Health, employment, and family relationships are deteriorating rapidly
- A co-occurring mental health crisis requires professional intervention
- Family intervention and crisis management have reached a breaking point
Robinson & Casey’s Approach to Marchman Act Petitions
Robinson & Casey focuses exclusively on Marchman Act petitions and guardianship matters. We handle no unrelated legal work. Our entire practice centers on deep knowledge of these specific cases.
Focused Practice: Marchman Act and involuntary commitment law is our core work. We understand Florida Statute Chapter 397 and how courts apply it.
Statewide Experience: We serve families across South Florida and throughout Florida. We handle cases in multiple counties and understand local court procedures and facility networks.
Procedural Accuracy: We ensure your petition meets all technical requirements and is filed in the correct court with all necessary evidence.
Evidence and Documentation: We help you gather, organize, and present the factual and medical evidence that meets the statutory burden.
Petition Drafting: We draft petitions that clearly articulate the legal and factual basis for involuntary commitment.
Hearing Representation: We represent you at both the emergency hearing and the full hearing, presenting evidence on your behalf.
Compassionate Guidance: We recognize that filing a Marchman Act petition is a difficult decision made by people in crisis. We provide clear, honest counsel about what to expect and what outcomes are realistic.
Frequently Asked Questions
Will filing a Marchman Act petition damage my relationship with my loved one?
That is a real concern. The answer depends on many factors, including the person’s willingness to accept help and the quality of treatment they receive. Many families find that involuntary treatment, combined with ongoing family support and aftercare, can be a turning point in recovery. We can discuss this during a consultation.
Can the respondent refuse treatment after the court orders it?
No. A court order for involuntary treatment is binding. However, the respondent has the right to appeal the order or request modification if circumstances change.
What if the person is a minor?
Parents or legal guardians can file a Marchman Act petition on behalf of a minor. The procedural framework is similar, though some details differ.
How much does a Marchman Act petition cost?
Court filing fees vary by county. Attorney fees depend on the complexity of your case. We can discuss costs during a consultation.
What if the person lives out of state?
The Marchman Act applies only in Florida. If your loved one is in another state, that state’s involuntary commitment laws apply. We can advise you on your options.
Can I file a petition anonymously?
No. You must identify yourself as the petitioner, though the court may take steps to protect your safety if there is a credible threat.
What happens if the court denies the petition?
If the petition is denied, you may be able to file again if circumstances change or new evidence emerges. We can advise you on whether resubmission is appropriate.
Take the Next Step
If you’re watching a loved one struggle with addiction and voluntary treatment hasn’t worked, a Marchman Act petition may provide a legal path forward. Robinson & Casey is here to guide you through the process with clarity and compassion.
Schedule a consultation with Robinson & Casey. We’ll listen to your situation, answer your questions, and explain your legal options. If you decide to proceed, we’ll represent you from petition filing through hearing and treatment placement.
Call us at (561) 849-4149 to speak with an attorney about your situation today.
How Robinson & Casey Helps
Marchman Act Petitions
We prepare and file petitions for involuntary assessment and treatment of substance abuse under Florida's Marchman Act. Our attorneys handle the legal process so your family can focus on recovery.
Involuntary Commitment for Addiction
When voluntary treatment isn't an option, we pursue involuntary commitment proceedings to secure court-ordered assessment and treatment for alcohol or drug addiction.
Emergency & Expedited Filings
Addiction crises don't follow business hours. We handle emergency Marchman Act petitions and work to move cases through the court system as quickly as the law allows.
Family Guidance Throughout
We explain each step, answer your questions, and help you understand what to expect. You won't navigate this alone.
A Real Concern
Many families worry that filing a Marchman Act petition will damage their relationship with their loved one. That concern is valid. Recovery is complex, and outcomes depend on many factors—including the person's willingness to accept help and the quality of treatment they receive. Many families find that involuntary treatment, combined with ongoing family support and aftercare, becomes a turning point. We can discuss your specific situation during a consultation.
What We Handle
Marchman Act Petitions
Petitions for involuntary assessment and stabilization of individuals struggling with substance abuse who refuse voluntary treatment.
Involuntary Commitment for Addiction
Court proceedings to secure involuntary commitment and treatment for alcohol or drug addiction when the person poses a danger to themselves or others.
Emergency Filings
Urgent Marchman Act petitions when addiction has reached a crisis point and immediate intervention is necessary.
Mental Health Guardianship
Guardianship proceedings for individuals unable to make safe decisions about mental health treatment and care.