Worried about your husband's drinking at home? Florida's Marchman Act may offer a path to court-ordered help.

A court order is one of several means by which an involuntary examination may be initiated. A spouse can file a petition under the Marchman Act, and a judge decides after notice and a hearing whether the legal criteria are met.

When the Drinking Is Happening in Your Own Kitchen

If your husband drinks at home and your children can see it, waiting for things to change can feel like the riskiest choice you have. You didn’t choose this, and you may be the one holding the household together.

Moods shift without warning. A calm evening can turn sharp by bedtime. Bills get paid late, or not at all, and money you counted on is gone. You worry about what the kids will see next.

You have probably tried talking, setting limits, and hoping he would get help on his own. Nothing has held. Now every decision seems to land on you alone.

Wanting your family safe, your husband in real treatment, and some calm back in the house is not unreasonable. Asking whether a court can step in is a serious question. It deserves a straight answer, and that answer starts with the facts of your household.

Can a Florida Court Order Treatment for an Adult Spouse?

Yes. Florida’s Marchman Act lets a court order assessment and, when the criteria are met, treatment for an adult with a substance use problem. The law sits in Chapter 397 of the Florida Statutes. Marchman Act admission criteria sets out the test under Fla. Stat. § 397.675.

The statute requires a good faith reason to believe your husband is substance abuse impaired. It can also apply when he has a substance use disorder together with a co-occurring mental health disorder. Because of that, he must have lost the power of self-control with respect to substance abuse.

One more part must also be met. Either he needs substance abuse services and his judgment is so impaired that he cannot see that need or make a rational decision about it. Or, without care, he is likely to neglect himself in a way that poses a real and present threat of substantial harm, and it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”

One point matters a lot. Under Fla. Stat. § 397.675(2)(a), mere refusal to receive such services does not constitute evidence of lack of judgment with respect to the need for those services. The alternative criterion in paragraph (b) of Fla. Stat. § 397.675 applies if, without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.

A court does not order treatment just because someone drinks. The statutory criteria must be shown: a person meets them if there is good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder, and that impairment or disorder has caused loss of self-control and one of the listed conditions.

Who Can File a Petition and What It Has to Show

A spouse can file a Marchman Act petition for an adult. Florida’s rules on who may petition allow a spouse, a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the drinking and prior treatment to file.

The petition has required parts. It must name you and your husband, state your relationship, name his attorney if known, and set out the facts. Petition content rules under Fla. Stat. § 397.68141 require the reasons you believe he is impaired and has lost self-control.

The petition also needs the reason you believe he has harmed or is likely to harm himself or others. Fla. Stat. § 397.68141 reads: “The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services; or.” Or it must give the reason his refusal comes from judgment so impaired that he cannot understand his need for care. A report from a qualified professional who examined him within 30 days before filing can be included. If he was never assessed, or refused an assessment, the petition must say so.

Where you file matters too. A petition goes to the clerk of the court in the county where the person is located, and the clerk may not charge a filing fee. Florida’s filing county rule sets this under Fla. Stat. § 397.681.

In J.P. v. J.N., a petition filed in the wrong county did not take away the court’s 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.). Still, where your husband is on the day you file can change your steps, so review those facts first.

What a Judge Looks For: Evidence From Your Household

A judge looks for specific facts, not general complaints. Phrases like “he drinks too much” are hard to weigh. Dated incidents are easier to weigh.

Examples include a fall, a car ride after drinking, a missed shift, a shutoff notice, or a night the children went to a neighbor’s house because of his condition.

Keep a simple written log. Write what happened, the date and time, who was there, and what was said or done. Stick to what you saw or heard, and leave out guesses and anger. For the children, use neutral words, such as “On June 3, Child A saw him fall in the hallway.”

Family members who know your husband’s history can testify at the hearing. Hearing evidence rules under Fla. Stat. § 397.6957 say the court hears all relevant evidence and may order drug tests. Testimony is taken under oath.

Whether your facts are enough depends on the facts. No one can promise how a judge will rule.

How the Process Works and What a Petition Cannot Do

A petition starts a court process. It does not produce an immediate result.

Once filed, the court must schedule a hearing within 10 court working days unless a continuance is granted. Hearing scheduling rules under Fla. Stat. § 397.68151 also require copies of the petition and the hearing notice to go to the respondent, the petitioner, the respondent’s attorney if known, the respondent’s spouse or guardian if applicable, and any other persons the court directs.

If he wants a lawyer and cannot afford private counsel, he has the right to court-appointed counsel, as Florida’s right to counsel rule explains.

He may give up the right to a lawyer only if he is present in court and the judge finds the waiver is made knowingly, intelligently, and voluntarily.

In an emergency, a judge can act faster. Emergency order rules under Fla. Stat. § 397.6818 allow an ex parte order for assessment and stabilization. A provider may not hold him for more than 72 hours of observation unless a listed exception applies.

The conditions must be proved by clear and convincing evidence, as involuntary services orders describe under Fla. Stat. § 397.697.

In doing so, the court failed to follow the applicable statute by essentially functioning as the absent petitioner (J.C. v. State). A judge may not step in to present the petitioner’s case when the petitioner is absent, as J.C. v. State explains.

A petition cannot make him stop drinking tonight. It cannot change his heart. It does not settle money, custody, or marriage questions. Those are separate matters to discuss with a lawyer.

When the Baker Act or Another Route May Apply

The Marchman Act covers substance use. Many households face both.

Under Baker Act examination criteria in Fla. Stat. § 394.463, a person may be taken for involuntary examination when there is reason to believe he has a mental illness. He must have refused voluntary examination, or be unable to decide whether examination is needed. He or she must also meet one of the section’s harm criteria, such as this one: without care or treatment, he or she is likely to suffer from neglect or refuse to care for himself or herself, such neglect or refusal poses a real and present threat of substantial harm to his or her well-being, and it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services.

The Marchman Act criteria also reach a substance use disorder that comes with a co-occurring mental health disorder. So the right route depends on the facts: what your husband is dealing with, how the behavior shows up, and what has already happened.

In Miami-Dade County, the Miami-Dade Clerk, Mental Health Court page directs people seeking involuntary alcohol or drug treatment for an adult to the Clerk’s Office Probate Court.

Protecting the Children and the Household While You Decide

If anyone is in immediate danger, call 911 first. Don’t wait for a court date for that.

Keep the children away from a person who is drunk and dangerous. Decide ahead of time where they can go. Make a list of safe adults with phone numbers who can take them on short notice.

Keep important papers where you control them. These include birth certificates, insurance cards, account access, and the children’s school and medical information. If he controls the money, write down what is missing and when.

Making these choices alone is heavy. You can feel tired, scared, and angry all at once. You don’t have to settle every question today.

Talk With Robinson Casey About Your Household

If your husband drinks at home and your children are affected, you can talk with us about your facts before you decide anything. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our first consultation is free, confidential, and comes with no obligation to continue. We can review your household facts, the statutory criteria, and how a petition would proceed. Some matters may be referred to another lawyer or firm, and we would tell you if that applied.

Call (561) 849-4700 or use our contact form to set up your consultation.

Frequently Asked Questions