Husband Refuses Treatment? Learn How the Marchman Act Can Help Your Family

When Your Husband Drinks at Home and Refuses Help

A Marchman Act petition may be one option when a husband drinks at home and won’t agree to treatment. Florida law lets a spouse file one for an adult, under Fla. Stat. § 397.68112.

You know the pattern. The drinking happens most nights. When you bring up treatment, he gets angry, changes the subject, or says he’s fine. Money is tight. You never know which version of him will walk through the door. And you lie awake wondering what this is doing to the children.

Carrying that alone wears a person down. Many spouses hold the household together, make the calls, and cover the bills while hoping things will change. You shouldn’t have to do that by yourself.

This page explains your options in plain language. It doesn’t push you to act today. Read it at your own pace and take it one step at a time.

What the Marchman Act Is and What It Can Do

The Marchman Act is Florida’s law for court-ordered help with substance use, including alcohol.

Under the Act, a court can order an assessment. If the legal conditions are proved, it can order treatment, even when the person doesn’t agree. A treatment order can last up to 90 days, and a renewal may be requested before that period ends if the conditions are expected to continue, based on § 397.697. The court must find those conditions by clear and convincing evidence, which is a high level of proof.

This is a court process, not a quick fix. The Act does not give you control over your husband’s daily choices. A judge decides the case after hearing the evidence.

Who Can File a Petition and What the Court Looks For

A spouse can file a petition for involuntary treatment services when the respondent is an adult. The law also allows any relative, a service provider, or an adult with direct personal knowledge of the drinking and past treatment to file (§ 397.68112).

The petition must name your husband and you. It must state your relationship and his attorney, if known. It must also give facts. Those facts must show why you believe he is impaired and has lost power of self-control. They must also describe the physical harm he has caused or is likely to cause, or explain why his refusal of care comes from impaired judgment (§ 397.68141).

Specific facts carry weight. Write down dates, what happened, who saw it, and each time he refused help. A petition may also include an assessment from a qualified professional who examined him within 30 days before filing. If he refused an evaluation, the petition must say so.

The criteria require a good faith reason to believe he is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and, because of that, has lost the power of self-control and either is in need of services but his judgment is so impaired that he cannot appreciate that need or make a rational decision about it (mere refusal of services is not enough), or without care he is likely to suffer from neglect or refuse to care for himself in a way that poses a real and present threat of substantial harm, and it is not apparent that the harm can be avoided with the help of willing, able, and responsible family members or friends or other services, or there is a substantial likelihood that he has inflicted, threatened or attempted to inflict, or, unless admitted, is likely to inflict physical harm on himself or another (§ 397.675). Florida defines that impairment as using alcohol or any psychoactive or mood-altering substance in a way that causes him to lose power of self-control and to inflict, or be likely to inflict, physical harm on himself, herself, or others (§ 394.455). Whether a petition fits your facts depends on the facts. In J.C. v. State, Florida’s Fifth District Court of Appeal found that the court failed to follow the applicable statute by essentially functioning as the absent petitioner. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate.

What Happens After a Petition Is Filed

The court must schedule a hearing within 10 court working days unless a continuance is granted (§ 397.68151). The clerk may not charge a filing fee (§ 397.681).

Your husband has the right to counsel at every stage, though he may waive that right if he is present and the court finds the waiver is knowing, intelligent, and voluntary (§ 397.681). If he can’t afford a lawyer, the court can appoint one. He must generally attend the hearing. Testimony is taken under oath, and he may refuse to testify (§ 397.6957).

Expect several steps. A treatment order can be renewed for up to another 90 days (§ 397.6975). Fla. Stat. § 397.6975 reads: “If the court finds that the petition for renewal of the involuntary treatment services order should be granted.” Early release is possible once the conditions no longer exist (§ 397.6971).

Marchman Act or Baker Act: Which Law Applies

The Marchman Act covers substance abuse impairment. The Baker Act covers mental illness, which is found in Chapter 394 of the Florida Statutes.

Many households face both problems at once. The Marchman criteria can apply when a person has a substance use disorder and a co-occurring mental health disorder (§ 397.675). Your spouse’s drinking may be tied to a psychiatric crisis, or the reverse.

The right fit depends on the main problem and the facts. Sort out which problem drives the danger before you decide on a filing.

Protecting the Children and the Household While You Decide

Start a written record now. Note the date, what happened, who was present, and whether the children were home. Keep bills, collection notices, and any unusual spending linked to drinking.

Notes made close to the events are easier to explain later. A common mistake is waiting for a crisis before writing anything down. Also keep a list of adults you trust to be with the children on a bad night.

If anyone is in immediate danger, call 911 first. A Marchman petition is a separate, court-based step. It does not replace emergency help.

Talk With Robinson Casey About Your Situation

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

Living with an alcoholic husband who refuses help is exhausting, and the children’s safety and the household’s money can feel out of your hands. You don’t have to decide what comes next by yourself. Call (561) 849-4149 or request a consultation. The first consultation is free, confidential, and comes with no obligation to continue.