Florida Marchman Act Options for a Violent Adult Child

If your adult child uses drugs and has become violent at home, you may feel you have run out of options. Call 911 if anyone is in immediate danger. Then, under Florida law, a relative can ask a court for help through a Marchman Act petition.

When Your Adult Child’s Drug Use Turns Violent at Home

Violence linked to drug use is one of the main reasons Florida families look for legal help. You may have spent years paying for treatment, trying interventions and setting boundaries. Still, things keep getting worse, and you are afraid for your child and for yourself.

This page gives general information about Florida options. Your specific facts decide which path fits your family.

Protecting Yourself and the Household Today

Call 911 right away if your child is in immediate danger, overdosing or threatening harm. For immediate crisis support, the Florida Department of Health says Floridians can contact 988.

Start a written log today. Record dates, times, what was said, injuries, property damage and the names of any witnesses. Clear notes help show a pattern if the matter reaches court.

Plan your exit before you need it. Know which door you can leave through. Avoid confronting your child alone while they are using. Keep medications, cash, car keys and valuables where you control access.

Can You Ask a Florida Court for Help Under the Marchman Act?

Yes. Under Fla. Stat. § 397.68112, a petition for an adult may be filed by a 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.

The petition must name your child and you, and state your relationship. It must also give the facts behind your belief that your child is impaired and has lost self-control. It must explain why you believe your child has inflicted or is likely to inflict physical harm on themselves or others, or why you believe your child’s refusal of care is based on judgment so impaired by substance abuse that they cannot appreciate the need for care or make a rational decision about it. See Fla. Stat. § 397.68141 for the full list.

The petition goes to the clerk of court in the county where your child is physically located. The clerk may not charge a filing fee for it (Fla. Stat. § 397.681). Under Fla. Stat. § 397.681(1), a petition for involuntary treatment for a substance abuse impaired person must be filed with the clerk of the court in the county where the person is located.

For a related walk-through, see adult child missing and using drugs in Florida.

How an Involuntary Assessment and Treatment Process Generally Works

A petition generally leads to a court review, a clinical assessment and, if the legal criteria are met, a treatment order. The court decides these questions, not the family.

The criteria require a good-faith reason to believe your child is substance abuse impaired. They also require loss of self-control and either impaired judgment about the need for care or a real threat of harm without care. Under Fla. Stat. § 397.675, refusing services alone is not evidence of lack of judgment.

The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). In an emergency, the court may enter an ex parte assessment order based on the petition itself (Fla. Stat. § 397.6818).

Family members who know your child’s history may testify, and the court must review all relevant evidence (Fla. Stat. § 397.6957). If treatment is ordered, it can run up to 90 days, and a renewal may be requested before that period ends (Fla. Stat. § 397.697).

Your child has a right to counsel at every stage. A Florida appellate court has held that this right is constitutional in Marchman Act cases (Hillsborough County v. Albrechta). No one can promise how a case will end.

When Guardianship May Be the Right Legal Tool

Guardianship is a court process for an adult who cannot make safe decisions for themselves. It is a separate tool from a Marchman petition.

Emergency temporary guardianship is the fastest option. A court may appoint one only if it finds imminent danger to health, safety or property. Notice must reach the adult and their attorney at least 24 hours before the hearing, unless the petitioner demonstrates that substantial harm to the adult would occur if the 24-hour notice is given.

Plenary, limited and mental health guardianship are separate tools with separate requirements. A court must find incapacity based on clear and convincing evidence. It may remove only the rights the person cannot exercise (Fla. Stat. § 744.331). If the court finds that your child is incapable of exercising delegable rights, it must consider and find whether an alternative to guardianship will sufficiently address the problems. If one will, no guardian may be appointed.

A petition for an emergency temporary guardian must be verified. It must state the nature of the emergency and why immediate action is needed (Fla. Prob. R. 5.648).

What Happens When Your Child Leaves a Hospital or Treatment Setting

A hospital stay or detox often ends before the family feels the crisis has passed. Plan for that day before it arrives.

Once an emergency order is in place, a provider may not hold the person for longer than 72 hours of observation unless an exception applies, such as withdrawal or a medical need, a court-approved extension, or an observation period that ends on a weekend or holiday. Exceptions apply, such as withdrawal, a medical need, or a court-approved extension (Fla. Stat. § 397.6818).

Decide ahead of time who will be present at discharge. Know where your child will go and what your household needs in place. Keep your written log current so you can share the details clearly.

Talk With Robinson Casey About Your Family’s Situation

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. Richard J. Casey III, Esq. is the responsible lawyer for this page.