When a Loved One Needs Help, a Court May Be Able to Step In

Yes, in some cases a Florida court can order involuntary treatment for alcohol use. The Marchman Act is the process, and a spouse can file the petition.

If your wife drinks every night and the home feels unsafe, you’re probably asking whether a court can step in. This page answers that directly. It covers who can file, what evidence matters, what a petition can’t do, and what to expect.

When Your Spouse’s Drinking Has Made Home Feel Unsafe

Florida law lets a spouse ask a court for help when drinking puts the household at risk. That is the core of the Marchman Act.

You may be living with a pattern that’s hard to explain to anyone. Drinking starts after work and keeps going into the night. Moods shift without warning. Bills go unpaid while money disappears. The kids have learned to stay quiet or leave the room.

Many spouses in this spot share the same three fears. They worry about harm to the children. They worry about financial ruin for the household. And they worry about what happens if nothing changes, including losing the marriage and the family.

Those fears are real. You want your spouse to get proper help. You want the home to feel stable again. You want to stop carrying the whole load alone. Understanding the process early helps you think clearly about what a court can and can’t do.

Can a Florida Court Order Treatment for Alcohol Use?

Yes, in some cases a Florida court can order involuntary treatment for substance use through a Marchman Act petition. The process applies to both adults and minors.

An order is not automatic. The petition must set out specific facts.

The petition must also explain why the petitioner believes the person either poses a risk of physical harm or cannot see the need for care. The rules are set out in § 397.68141.

The court must find the conditions proven by clear and convincing evidence before it orders treatment. If it does, the order can run for up to 90 days under § 397.697.

Whether a court grants a petition depends on the facts of each household.

Who Can File, Who Gets Notified, and Who Decides

As a spouse, you can file a Marchman Act petition. This section covers when the court may order involuntary treatment once the conditions are proved by clear and convincing evidence; it does not say who may file. Who may file is set out in § 397.68112, which names a respondent’s spouse, legal guardian, any relative, a service provider, and certain adults with direct personal knowledge of the drinking and prior treatment. See § 397.68112.

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a filing fee for it. See § 397.681.

The statute says a petition must be filed with the clerk of the court in the county where the person is located, and a filing in the wrong county has been treated as a venue problem, not a loss of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. (J.P. v. J.N., 225 So. 3d 410 (Fla. 5th DCA 2017)) See J.P. v. J.N. For Miami-Dade, the Miami-Dade Clerk of the Court directs adult cases to the Probate Court.

Your spouse, as the respondent, receives a copy of the petition and the notice of hearing. The court sets the hearing within 10 court working days unless it grants a continuance. See § 397.68151.

You file the petition. The court decides whether an order issues.

What Evidence Matters in a Marchman Act Petition

The strongest petitions rest on specific, dated facts, not general complaints. Gather what you can before you file.

• Dated incidents: drinking episodes, unsafe conduct, falls, injuries, and any police contact.
• Money effects: missed work, unpaid bills, or household funds used to buy alcohol.
• The children: what they saw or heard, and how school or daily routines have changed.
• Treatment history: any past assessment, or any refusal to get one. The petition must note a missing assessment or refusal.
• Professional report: a report from a qualified professional who examined the person within 30 days before filing, if one exists.

Your own testimony counts. The court hears testimony from family members who know the person’s history, and it may order drug tests. See § 397.6957.

Florida’s appeals courts have taken different views on who must carry the case. In J.C. v. State, the court was found to have functioned as the absent petitioner. The hearing statute does not assign that role; it requires that the court hear and review all relevant evidence. (J.C. v. State, 293 So. 3d 627 (Fla. 5th DCA 2020)) See J.C. v. State. The Fourth District reached a different result in J.J.J. v. D.G., so this point is not settled across the state.

What a Marchman Act Petition Cannot Fix

A petition cannot end the marriage, set custody, pay household bills, or promise sobriety. It is narrower than that.

A Marchman Act order covers assessment and treatment. Those questions belong to other matters, if they arise.

Orders are time-limited. An order can last up to 90 days.

The person must be released once the conditions behind the order no longer exist. See § 397.6971.

Recovery depends on the person’s own participation in treatment. No court order can promise that treatment will work. Think of the petition as one step in a longer plan for your household, not the whole plan.

How the Process Works, Step by Step

The process runs from a first consultation through a petition, notice, a hearing, and, if ordered, a treatment period.

1. Consultation. Our first consultation is free, confidential, and carries no obligation to continue. We review the facts, the children’s situation, and the evidence you already have.
2. Petition. The petition names both people, states your relationship, and sets out the facts. It is filed with the clerk where your spouse is located.
3. Emergency order, if needed. If an emergency exists, the court may enter an ex parte order for assessment and stabilization without first appointing an attorney. A provider may not hold the person for more than 72 hours of observation unless an exception applies. See § 397.6818.
4. Notice and hearing. Copies go to your spouse, the respondent, who is served with the notice of hearing and a copy of the petition. If your spouse does not appear at the hearing, the court may issue or reissue an ex parte assessment order if it reasonably believes the commitment criteria are met and a substance abuse emergency exists; if your spouse’s location is known, the court must then continue the case for no more than 10 court working days.
5. Hearing. The court hears the evidence under oath.
6. Order and renewal. If an order issues, it runs up to 90 days. A renewal may be requested before it ends.

Timing varies by county and by case.

Frequently Asked Questions

Here are short answers to questions spouses in this position often ask.

Talk With Robinson Casey About Your Household

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team handles inquiries and helps families through the paperwork.

Your spouse’s nightly drinking is affecting the children, the money, and your sense of safety at home. You don’t have to sort out the court process alone. Call (561) 849-4700 or use our contact page to talk through what a petition could look like for your household.