Marchman Act Order: What Happens Next

What Happens After a Marchman Act Order in Florida

A Marchman Act order requires the person named in it to undergo involuntary assessment and treatment for substance use disorder. What comes next depends on whether the order is an emergency temporary hold or a final court order—and understanding the timeline, treatment requirements, and compliance obligations helps families navigate a difficult situation with clarity.

Understanding Your Marchman Act Order

A Marchman Act order is a court directive that authorizes involuntary assessment and treatment for someone whose substance use has become unmanageable and poses a threat to themselves or others. The order is grounded in Florida Statute § 397.675, which gives Florida courts the power to step in when a person is unable or unwilling to seek help.

Two types of Marchman Act orders exist. An emergency temporary order is issued quickly, often without the person present, and lasts up to 5 days. During that window, a full hearing must be scheduled. A final Marchman Act order, granted after a court hearing where the person has a chance to be heard and represented, can authorize treatment for up to 60 days, with possible extension for another 60 days if the court finds continued care is necessary.

The order applies to the person named as the “respondent”—the individual whose substance use prompted the petition. Family members, healthcare providers, and law enforcement can petition the court, but only the court can issue the order. Once issued, the respondent must comply with all terms, including facility placement, treatment participation, drug testing, and court reporting.

The 33-Day Rule in Florida

The “33-day rule” refers to a specific evaluation and stabilization period built into Florida’s Marchman Act framework. After an emergency temporary order is issued, the individual enters a treatment facility for assessment. This 33-day window (which can extend to the full 60-day order period) is the time during which the facility evaluates the extent of the substance use disorder, stabilizes the person medically if needed, and develops an individualized treatment plan.

During this period, the treatment facility conducts a thorough assessment—often including medical exams, psychological evaluation, and substance use history—to determine the appropriate level of care. The facility then creates a tailored treatment plan that may include detoxification, residential therapy, counseling, medication-assisted treatment, or intensive outpatient programming. This isn’t a one-size-fits-all process; the plan is designed for the individual’s specific needs.

The 33-day window differs from a longer-term order because it’s designed as an evaluation and stabilization phase. If the person responds well and completes the initial treatment goals, the order may end. If continued treatment is necessary, the court may extend the order or transition the person to ongoing care.

How Long Can You Be Held on a Marchman Act Order?

An emergency temporary Marchman Act order lasts up to 5 days. During this time, the treatment facility must schedule a full hearing before the court. The person has the right to be present, to have a lawyer, and to contest the order.

If the court grants a final Marchman Act order after the hearing, the person can be held for up to 60 days of treatment. If the court determines at the end of that period that continued treatment is necessary, Florida Statute § 397.695 allows for extension for an additional 60 days.

The order can be modified or terminated early if circumstances change—for example, if the person completes treatment goals ahead of schedule, or if the court finds that continued involuntary treatment is no longer necessary. The person also has the right to request a hearing to contest or modify the order at any time.

Treatment Requirements and Compliance

Once placed under a Marchman Act order, the person enters a treatment facility—either inpatient or outpatient, depending on the assessment. Inpatient treatment typically includes detoxification, medical monitoring, and residential therapy. Outpatient programs (intensive outpatient or standard outpatient) allow the person to live at home while attending treatment sessions multiple times per week.

The treatment facility develops an individualized treatment plan that outlines specific goals, therapy modalities, medication (if appropriate), and expected duration. Common components include:

• Individual and group counseling
• Substance use education
• Relapse prevention training
• Medical care and medication management
• Drug testing and urinalysis
• Family therapy or family involvement (where appropriate)

The person is expected to participate fully in all treatment activities. Compliance includes attending all scheduled sessions, submitting to drug tests, following facility rules, and not leaving without authorization. The facility reports progress to the court on a regular schedule. Failure to comply—such as leaving the facility, refusing to participate in treatment, or testing positive for drugs or alcohol—is reported to the court and can trigger enforcement action.

What Happens During the Marchman Act Process

The first step after an order is issued is intake at the treatment facility. The person undergoes a comprehensive assessment, including medical history, substance use patterns, mental health screening, and social circumstances. This assessment informs the individualized treatment plan.

Once the plan is in place, treatment begins. The person participates in therapy, counseling, group sessions, and any medical interventions deemed necessary. The facility maintains communication with the court and the petitioner (usually a family member) about progress, though specific details are protected by confidentiality laws.

Court hearings may be scheduled at intervals to review progress. At these hearings, the treatment provider may report on the person’s compliance and response to treatment. The person has the right to be present and represented by a lawyer. If the person is doing well and meeting treatment goals, the order may be terminated early. If continued treatment is needed, the court may extend the order or modify the treatment plan.

Rights and Protections Under a Marchman Act Order

The person subject to a Marchman Act order retains important legal rights. They have the right to legal representation—either by hiring a lawyer or requesting a public defender if they cannot afford one. They have the right to contest the petition at the initial hearing and to request modification or termination of the order at any time.

Florida law protects the confidentiality of substance use treatment records. Information shared during treatment is not automatically available to employers, schools, or the general public. The person also has protection against discrimination based on substance use disorder or treatment status.

The person cannot be punished simply for having a substance use disorder; the order is civil, not criminal, and is designed to facilitate treatment, not to penalize.

What Happens If Someone Doesn’t Comply

Failure to comply with a Marchman Act order—such as leaving the treatment facility without permission, refusing to participate in treatment, or violating facility rules—can result in serious legal consequences. The treatment facility reports non-compliance to the court. The court may issue a warrant for the person’s arrest and hold a contempt of court hearing.

If found in contempt, the person may be incarcerated until they comply with the order or until the order expires. This is not a criminal conviction but a civil enforcement mechanism designed to ensure the person remains in treatment.

Compliance violations are taken seriously because the purpose of the Marchman Act is to keep the person in treatment long enough for stabilization and recovery to begin. Courts understand that substance use disorders are medical conditions, but they also enforce the order to protect both the individual and public safety.

After the Marchman Act Order Ends

When the Marchman Act order expires or is terminated, the person transitions out of involuntary treatment. The treatment facility typically develops an aftercare plan—a roadmap for continued recovery that may include outpatient counseling, support groups like Alcoholics Anonymous or Narcotics Anonymous, medication-assisted treatment, or other ongoing services.

The court does not automatically remain involved after the order ends, unless there are other legal matters pending (such as custody or criminal charges). However, the person is strongly encouraged to follow the aftercare recommendations to maintain the progress made during treatment.

Family members can continue to support recovery by encouraging participation in ongoing treatment, maintaining healthy boundaries, and staying informed about available resources. Many people benefit from continued professional support and peer recovery communities even after the formal Marchman Act order concludes.

Frequently Asked Questions

If you’re facing a Marchman Act situation—whether you’re considering filing a petition for a loved one or you’re trying to understand what happens after an order has been issued—the process involves real deadlines, court hearings, and treatment decisions. Families in this position often have urgent questions about what to expect and how to protect their loved one’s rights. Robinson & Casey handles Marchman Act petitions and the legal steps that follow. Contact us to discuss your family’s circumstances and what comes next.