Marchman Act Relapse in Florida: What Happens Next

Your Spouse Relapsed After the Order. What Now?

If your spouse has gone back to drinking or using drugs after a court order, Florida law still gives you a way to ask a court for help. A spouse can file a petition for an adult with a substance abuse impairment, under Florida law on who may petition.

You did not choose this. Maybe there was a frightening incident, a trip to the emergency room, or money that disappeared without warning. Maybe you are carrying every bill, every school pickup and every late-night worry by yourself.

This page explains the Florida process in plain terms. It is not advice about your family’s specific facts, and those details matter a great deal. We cover what a relapse means in court, the time limits Florida sets, what costs to expect, what recovery planning looks like, and how to protect your children and your household while the process moves forward.

What a Marchman Act Order Is and How the Process Works in Florida

The Marchman Act is Florida’s law for involuntary assessment, stabilization, and treatment of people with substance use problems. Under Fla. Stat. § 397.681, the courts have jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and a respondent has the right to counsel at every stage of the judicial proceeding, which the respondent may waive only if present and the court finds the waiver is made knowingly, intelligently, and voluntarily.

The process moves in stages. A petition goes to the court first. It is filed with the clerk of the court in the county where the person is located, and the clerk cannot charge a filing fee for it, under Fla. Stat. 397.681.

After that comes assessment and stabilization, and then treatment. Each stage has its own limits set by statute.

The Florida Department of Children and Families describes recovery support that continues after treatment ends. For a broader view, read our involuntary commitment for addiction guide. For more detail on admission criteria, see our involuntary admission explainer.

Why Relapse After an Order Is a Serious Event in the Court Process

A relapse gives the court new facts, and the court looks at the facts as they stand now. A petition must explain why you believe the person is impaired and has lost self-control. It must also state the reasons for concern about harm, or about impaired judgment, under Fla. Stat. 397.68141.

The petitioner carries the burden of proof. That is why a dated record of missed treatment matters as much as the relapse itself.

Family testimony counts. The court shall hear and review all relevant evidence, including testimony from family members familiar with the person’s prior history and how it relates to the current condition. The respondent also has a right to a lawyer at every stage, which the respondent may waive if present and the court finds the waiver knowing, intelligent, and voluntary; a court can appoint one for someone who cannot afford private counsel.

Be ready to attend.

Steps a Family Can Take When Substance Use Resumes

Start with a written record, then check the status of the earlier case, then prepare the new petition. Each step makes the facts easier to present.

1. Keep a dated log. Write down each incident, signs of use, missed appointments, missing money, and any harm to the children. Include dates, times, and names of anyone who saw it.
2. Check the earlier case. Find out which court entered the order and which provider treated the person. Ask the provider for the current status of treatment.
3. Confirm who may file. For an adult respondent, a petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment, under Fla. Stat. 397.68112.
4. File in the right county. Under Fla. Stat. § 397.681(1), a petition for involuntary treatment services is filed with the clerk of the court in the county where the person is located.
5. Gather professional reports. A petition may include a report from a qualified professional who examined the person within 30 days before filing.
6. Describe any emergency. If there is an emergency, the petition must also describe the respondent’s exigent circumstances and include a request for an ex parte assessment and stabilization order, under Fla. Stat. § 397.68141.

How Long Can a Person Be Held Under the Marchman Act?

In an emergency, a service provider may hold a person for observation for no more than 72 hours, unless a statutory exception applies. A court treatment order can last up to 90 days.

The 72-hour limit comes from Fla. Stat. 397.6818. Exceptions include a court-granted extension, signs of withdrawal or a need for medical treatment, and a weekend or holiday ending the observation period.

Under Fla. Stat. 397.6818, if the respondent does not appear at the hearing, the court may issue or reissue an ex parte assessment and stabilization order that is valid for 90 days, when it reasonably believes the respondent meets the commitment criteria and a substance abuse emergency exists.

When the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days, under Fla. Stat. 397.697.

When the conditions justifying involuntary treatment services are expected to exist after 90 days of treatment services, a renewal of the involuntary services order may be requested pursuant to s. 397.6975 before the end of the 90-day period (Fla. Stat. 397.697). The service provider may file the renewal petition, or the person who filed the original petition may file it if it comes with supporting documentation from the service provider. The court may then order up to an additional 90 days, under Fla. Stat. 397.6975. How these limits apply to your spouse’s case depends on the facts.

Can a Marchman Act Order Be Cancelled or Ended Early?

An order ends when its 90-day period runs out, or sooner if the statute’s early-release conditions are met. No early release is promised or predicted for any person.

Under Fla. Stat. 397.6977, the respondent is automatically discharged at the end of the 90 days unless a renewal motion was filed.

A qualified professional makes that determination.

The court keeps authority after an order is entered. It can monitor compliance, change the treatment approach, or start contempt proceedings for violating a valid order, under Fla. Stat. 397.697.

Who Pays for Marchman Act Treatment and the Court Process in Florida?

Filing the petition carries no clerk fee. Treatment costs depend on the provider’s charges, and the individual is required to contribute toward the cost of services in accordance with his or her ability to pay.

Before admission, the full charge and the individual’s fee must be disclosed, under Fla. Stat. 397.431. The individual must contribute according to ability to pay, unless other law provides otherwise.

Publicly funded providers must use a fee system based on ability to pay. If space and state resources are available, they cannot deny services only because a person cannot pay, under the same statute.

A court may order privately funded treatment if the respondent can pay, or if someone acting for the respondent shows a willingness and ability to pay, under Fla. Stat. 397.697.

Ask every provider for the full cost in writing before you agree to anything.

Does Court-Ordered Treatment Work? What the Research Says

Florida’s own recovery framework treats recovery as a process that continues after a court order ends. The Florida Department of Children and Families describes continuing recovery management, stabilization, long-term maintenance, and quality-of-life support after treatment.

The statute builds that planning into discharge. Before release, the provider must document follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and referral to recovery support, under Fla. Stat. 397.6977.

These steps matter because a court order rarely ends the work of recovery. No success rate applies to any one person, and no result is promised here.

Protecting the Children and the Household While the Process Plays Out

The most protective steps are a steady routine for the children, a safety plan, and a written record of anything that affects them. Small, predictable routines help children feel safe while adults handle the hard parts.

Plan for safety first. If anyone is in immediate danger, call 911. The 988 Suicide and Crisis Lifeline is also available by calling or texting 988. Keep records of every incident, because harm to self or others is central to many petitions.

Protect your money with a simple file. Keep bills, records of lost income, receipts for crisis-related costs, and notes on any money that went missing. Clear records help you, and a lawyer, see the full picture.

Look after yourself too. Caregiver strain is real, and you are allowed to get support for your own wellbeing. Whether to stay married is your decision, and it can wait until the household feels safer.

Talk With Robinson Casey About Your Family’s Next Step

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, and we can talk through your family’s next step with you.

If your spouse has relapsed and you are trying to hold the home together, you don’t have to map out the next step alone. Call (561) 849-4700 or request a consultation. Robinson & Casey offers a free, confidential first consultation with no obligation to continue. This matter may be referred to another lawyer or firm if appropriate.

Responsible lawyer: Richard J. Casey III, Esq., Robinson & Casey. The firm serves families across South Florida and statewide. This page has not been approved by The Florida Bar.