Getting Help for Cocaine Use Starts With a Clear Plan

A Marchman Act petition asks a Florida court to order assessment and treatment for an adult whose substance use has taken over daily life. This guide explains how a Marchman Act cocaine Florida case works, from the first petition to the hearing. If your spouse’s use has made home feel unsafe, you need a clear picture of your options. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, serving families in Miami-Dade, South Florida and statewide.

What the Marchman Act Covers for Cocaine and Stimulant Use

A Marchman Act cocaine case in Florida runs through the same statute as cases involving alcohol or other drugs. The law sits in Chapter 397 of the Florida Statutes and focuses on assessment, stabilization and treatment. Families often turn to this process when a spouse refuses voluntary care, after a serious incident, or when use keeps getting worse. The court asks whether the statutory criteria are met and whether the person needs court-ordered help.

Who Can File and Who Qualifies Under Florida Law

A spouse can file a Marchman Act petition for an adult. A legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior course of assessment and treatment can file too. Fla. Stat. § 397.68112 sets out who may file.

To qualify, the person must be substance abuse impaired and have lost the power of self-control about substance use. The person must also need services. Fla. Stat. § 397.675 lists these criteria.

A refusal alone does not prove lack of judgment, the statute says. In a household, the facts that matter often include missed work, unsafe driving, threats, neglect of the children and money losses. Record each incident with dates, places and who saw it.

How the Process Works: From Petition to Hearing

The process starts when a petition is filed with the clerk of the court in the county where the person is physically located. In J.P. v. J.N. (Fla. Dist. Ct. App. 2017), the court stated: “However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.”

1. Petition. It names the person, the petitioner, their relationship, the person’s attorney if known, and the factual allegations supporting the need for services. It may include an assessment report from a qualified professional who examined the person within 30 days before filing. The clerk may not charge a filing fee. See Fla. Stat. § 397.68141 and Fla. Stat. § 397.681.
2. Hearing. If the respondent does not appear, the court must reasonably believe the respondent meets the commitment criteria and that a substance abuse emergency exists before it may issue or reissue an ex parte order. If the respondent’s location is known, the court must continue the case for no more than 10 court working days; otherwise, the petitioner must inform the court that the respondent has been assessed so the court can schedule a hearing as soon as practicable. If the respondent has not been assessed within 90 days, the court must dismiss the case.
3. Treatment order. If the conditions are proved by clear and convincing evidence, the court may order treatment for up to 90 days. Fla. Stat. § 397.697

Before the first meeting with a lawyer, gather dates, texts, bank statements and any prior assessments.

What to Expect on Timing and at the Hearing

Timing depends on the facts, the county and the court’s calendar. The hearing is the central event, and the respondent must be present unless the right to be present is properly waived or the court finds, after receiving proof of service and evaluating the circumstances, that presence is inconsistent with the respondent’s best interests or is likely to be injurious to self or others. The court hears all relevant evidence, including testimony from family members who know the person’s history. Testimony is under oath, and witnesses may testify remotely as appropriate if they provide the parties with all relevant documents by the close of business on the day before the hearing, and the court may order drug tests. The respondent may refuse to testify. Fla. Stat. § 397.6957 sets these rules.

Your role is to stay reachable, answer the court’s questions truthfully and keep accurate records. Florida’s appeals courts have not spoken with one voice on how far a judge may question witnesses when the petitioner is absent. The Fifth District has held that a court failed to follow the statute when it questioned the only witness in that situation. In J.J.J. v. D.G., the court stated: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.” No outcome can be predicted in advance.

When Cocaine Use Comes With Mental Illness

When substance use and a mental health condition overlap, the statute’s criteria address both. Fla. Stat. § 397.675 covers a person with a substance use disorder and a co-occurring mental health disorder. Describe any psychiatric hospitalization, emergency room visit or serious incident with dates and details. Describe what you saw and heard, such as agitation, paranoia or sleeplessness, rather than guessing at a diagnosis. Examination proceedings for other mental illness are provided in Fla. Stat. § 397.6957(4). Fla. Stat. § 397.6957 reads: “If at any point during the hearing the court has reason to believe that the respondent, due to mental illness other than or in addition to substance abuse impairment, meets the involuntary commitment provisions of part I of chapter 394.” Fla. Stat. § 397.6957 provides that the respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives his or her right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others.

Protecting the Children and the Household While the Case Moves

Protect the children first, and call 911 whenever someone is in immediate danger. A Marchman Act case moves on the court’s timetable, so the household needs a plan while it does. Start with these steps:

• Keep a dated log of incidents, including what happened, who saw it and whether children were present.
• Save texts, voicemails and photos that show threats or unsafe conduct.
• Gather bank statements and bills that show money problems.
• Agree on a safety plan with the other parent or a trusted adult, including where the children will stay.
• Do not minimize or leave out incidents. The court relies on accurate facts, and a petition that omits a dangerous event leaves the court with an incomplete picture.

Why Families Bring These Cases to Robinson & Casey

Robinson & Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible attorney for this page. The firm serves families in Miami-Dade, South Florida and statewide. The firm’s support staff helps organize records and documents, so families can focus on the facts. No outcome can be promised, because each case turns on its own facts and on the court’s decision.

Frequently Asked Questions

Marchman Act involuntary admission criteria

Talk With Robinson & Casey About Your Family’s Situation

If cocaine use is wearing down your marriage, your money and your children’s sense of safety, you are carrying a heavy load alone. Talk with Robinson & Casey about your family’s facts and the options the Marchman Act offers. Call (561) 849-4149 or request a consultation. The free first consultation is confidential and carries no obligation to continue.