Marchman Act Petition in Any Florida County: How It Works
If your loved one’s drinking or drug use is putting them or others at risk, a court may be able to step in. In Florida, that step is a Marchman Act petition, filed with the clerk of the circuit court in the county where your loved one is located.
What Is a Marchman Act Petition and Who Is It For?
A Marchman Act petition asks a court to order assessment, stabilization, or treatment for an adult with a substance use problem. The law is in Chapter 397, Florida Statutes. It is meant for families facing a serious situation, where a loved one may have lost self-control over substance use and may refuse care.
Under § 397.675, the court looks at whether there is good faith reason to believe the person meets the criteria for involuntary admission. Those criteria include a loss of self-control and either impaired judgment about the need for care or a real threat of harm. The person the petition is about is called the respondent.
For an adult respondent, § 397.68112 allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.
A petition is a court filing. It is not a police report or a hospital admission form. It starts a case in circuit court, and the judge decides whether the legal criteria are met.
How Is a Petition Filed in Any Florida County?
You file the petition with the clerk of the court in the county where your loved one is located. Under § 397.681, the clerk may not charge a fee for filing this kind of petition.
The location rule matters. In J.P. v. J.N., the Fifth District Court of Appeal held that filing in the wrong county is a venue defect, not a lack of jurisdiction. Getting the county right from the start avoids that problem.
Clerk forms, submission methods, and calendars vary. The Miami-Dade Clerk’s mental health court page points adult petitions to its Probate Court. Lake County publishes its own Marchman Act guidance as well.
Robinson & Casey serves families across South Florida, including Miami-Dade, and statewide. Not sure which county applies? Call (561) 849-4149 and ask the team to walk through the filing county for your loved one’s location.
What Goes in a Marchman Act Petition Packet?
A petition must name the people involved and state the facts that support the request. § 397.68141 sets out the core contents:
- The name of the respondent and the name of the petitioner
- The petition must state the relationship between the respondent and the petitioner (Fla. Stat. § 397.68141).
- The name of the respondent’s attorney, if known
- The reason you believe your loved one is substance abuse impaired and has lost power of self-control
- Either the reason you believe your loved one has inflicted or may inflict physical harm, or the reason their refusal of care comes from impaired judgment
The petition may include a report from a qualified professional who examined your loved one within 30 days before filing. If there was no assessment, or your loved one refused one, the petition must say so.
Specific facts work better than general worry. Dates, particular incidents, and any prior treatment you know about give the court something concrete to review. For a fuller paperwork list, see the Marchman Act petition documents checklist.
Robinson & Casey helps families organize these facts and draft the packet. The firm’s support staff help keep documents in order.
How Does a Marchman Act Petition Move From Filing to Hearing?
After filing, the court must schedule a hearing within 10 court working days unless a continuance is granted, under § 397.68151. Here is the usual sequence:
- Consultation. Review the facts, the county, and the paperwork you already have.
- Notice and counsel. Copies of the petition and hearing notice go to the respondent; the respondent’s parent, guardian, or legal custodian if the respondent is a minor; the respondent’s attorney, if known; the petitioner; the respondent’s spouse or guardian, if applicable; and any other persons the court directs. The court decides whether the respondent needs appointed counsel.
- The respondent may refuse to testify.
- Order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days, per § 397.697.
Timing varies with each court’s calendar. Robinson & Casey walks through the expected sequence during the consultation.
What If Your Loved One Is in the Hospital or Was Just Released?
A petition can be filed soon after certain recent events, such as protective custody or an emergency admission within the previous 10 days. Under § 397.68111, an assessment by a qualified professional within 30 days also qualifies.
In an emergency, the court may rely on the petition alone and, without appointing an attorney, enter an ex parte order for assessment and stabilization under § 397.6818. A service provider may not hold the person for more than 72 hours of observation unless a condition in that section applies. An ex parte order not executed by the initial hearing date is void; but if the respondent does not appear at the hearing for any reason, the court may issue or reissue an assessment and stabilization order valid for 90 days if, upon reviewing the petition, testimony, and evidence presented, the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists.
Release works differently. Under § 397.6758, a qualified professional at the facility decides whether a person may be released without a further court order. The hospital discharge guide for overdose and refused treatment covers this situation in more detail.
Why Families Work With Robinson & Casey
Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, and serves families across South Florida and statewide.
Richard J. Casey III, Esq. is the lawyer responsible for this page. The firm’s support staff, including assistants and office staff, help families gather documents and keep the process organized.
Your loved one has a right to counsel at every stage of the case, under § 397.681, unless they waive it while present and the court finds the waiver knowing, intelligent, and voluntary. Robinson & Casey works with the petitioning family on the petition itself.
Every case turns on its own facts, and the court makes the decision.
Frequently Asked Questions and Your Next Step
Families usually ask who can file, whether the rules change by county, and what the first step costs.
Who can file a Marchman Act petition?
For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of your loved one’s substance abuse impairment and prior course of assessment and treatment can file. The statute lists these filers in § 397.68112.
Does a Marchman Act petition work the same in every county?
Clerk forms, submission methods, and calendars vary by county.
Do I need a lawyer to file?
Families can get help drafting and filing the petition. Robinson & Casey can review your situation during the consultation.
What does the first consultation cost?
The first consultation is free, confidential, and carries no obligation to continue.
If your loved one is refusing treatment or was just released from a hospital, you don’t have to work through a Marchman Act petition alone. Call (561) 849-4149 or request a free consultation to talk through your next step.