Helping Families Act on Oxycodone Addiction Under the Marchman Act

A Marchman Act petition asks a Florida court to order assessment and treatment for an adult who has lost control of substance use. A spouse can file one. If your partner is misusing oxycodone or other prescription pills, this guide explains what a judge looks for, what to gather, and how the court process runs. It is general information about Florida law, not advice on your own case.

What the Marchman Act Is and Who It Fits

The Marchman Act is Florida’s civil process for court-ordered assessment and treatment of substance use. It sits in Chapter 397 of the Florida Statutes. Under § 397.68112, for an adult, a petition may be filed by the adult’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment.

The petition goes to the clerk of court in the county where the person is located. The clerk may not charge a filing fee for it (§ 397.681). In Miami-Dade County, the Miami-Dade Clerk of Court directs adult petitions to its Probate Court.

Questions about the type of case involved are best discussed during a consultation with Robinson Casey.

This page is written for a husband or wife whose partner’s pill use has become unpredictable, dangerous, or costly. You may have already tried talking, setting limits, or waiting. If stability still does not return, the court process is worth discussing.

Why Oxycodone and Prescription Pills Raise the Stakes

Pill misuse is often harder to see than other substance use. Pills can be hidden, stockpiled, or taken in ways other family members can’t easily track.

Families often describe these warning signs:

• Pill counts that come up short, or refills requested early
• Sudden mood swings, anger, or unpredictable behavior
• Money that disappears, with no clear explanation
• Nodding off, confusion, or unsafe driving
• Irritability or sickness between doses

The statute describes the core problem. A person may be admitted for involuntary treatment when there is good faith reason to believe they have lost the power of self-control over substance use. Under § 397.675, one of these must apply: their judgment is so impaired they cannot appreciate their need for help; or without care they are likely to neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and that harm cannot be avoided through willing, able family, friends, or other services; or there is substantial likelihood they have inflicted, threatened, or attempted physical harm on themselves or another, or are likely to do so unless admitted.

Many spouses fear that nothing will change. The children, the money, and the marriage absorb the damage each day. A petition is built on documented facts, not predictions.

What a Florida Judge Requires in a Petition

A petition must name both people and state their relationship. It must also give specific reasons for the filer’s belief. Under § 397.68141, the petition must explain:

• Why you believe the person is substance abuse impaired
• Why you believe that impairment has caused loss of self-control
• Why you believe the person has harmed, or is likely to harm, self or others, or why their refusal of care rests on impaired judgment

A report from a qualified professional who examined the person within 30 days before filing may be attached. If the person was never assessed, or refused, the petition must say so.

Your signature matters too. Under § 92.525, where a document must be verified by law, rule, or court order, a written declaration can serve as verification: it states the facts are true under penalties of perjury. Fla. Stat. § 92.525 reads: “(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added.” Knowingly making a false declaration is a felony of the third degree.

A petition that lacks these facts can be set aside. In D.H. v. K.J.R., a Florida appeals court held that an ex parte order was wrongly entered because the petition did not give a good faith reason to believe the statutory criteria were met.

Paperwork and Evidence to Gather

Start a written timeline now, before the next crisis. Write it in your own words. Stick to what you saw, heard, or experienced, and label anything you learned secondhand.

The court hears evidence, including testimony from family members familiar with the person’s history (§ 397.6957). Useful materials include:

• Dates of incidents, each with a plain description
• Pill counts, prescription labels, or pharmacy records you can lawfully see
• Police or emergency room records, if they exist
• Texts, voicemails, and photos showing harm or unsafe situations
• Records of missed work, unpaid bills, or money taken
• Names of people who saw the behavior directly, such as relatives, employers, or neighbors

Keep originals in their original form. Don’t edit, retype, or delete messages. Your attorney decides what to file and how to present it.

How the Process Runs, Step by Step

A Marchman Act case moves in stages.

1. Consultation. You review the household, the safety concerns, and your timeline.
2. Preparation. The petition is drafted with the required contents and a verification.
3. Filing. The petition goes to the clerk in the county where the person is located.
4. Emergency review, if needed. The petition can request an ex parte assessment and stabilization order. A provider may not hold the person for more than 72 hours of observation, unless the statute allows more time (§ 397.6818).
5. Hearing. The court must schedule a hearing within 10 court working days unless a continuance is granted (§ 397.68151). Testimony is taken under oath, and a clinical assessment is generally required before any treatment order.
6. Decision. Treatment may be ordered only if the conditions are proved by clear and convincing evidence (§ 397.697).

Each stage turns on the specific facts and the court’s findings. Your attorney will explain what to expect at each step.

How Long a Marchman Act Order Lasts

Initial court-ordered treatment may not exceed 90 days. The court may order it when the conditions are proved by clear and convincing evidence (§ 397.697).

If the conditions continue, a renewal petition may request up to another 90 days (§ 397.6975).

Early discharge is also possible for a person admitted on grounds of likelihood of physical harm once that likelihood no longer exists, or when treatment is no longer needed (§ 397.6971).

Marchman Act matters and guardianship matters are separate practice areas that Robinson Casey handles. It addresses treatment and safety. Long-term decisions about the marriage, finances, and family are separate questions to discuss with your attorney.

Questions Spouses Ask Before Filing

Florida law lets a spouse file, and the petition must rest on specific facts. The answers below cover the common questions.

Why Robinson Casey for This Matter

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade County, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes support staff who help families organize timelines, records, and documents before filing.

We review the facts, explain the statutory path, prepare the petition, and help present the case at the hearing. We cannot promise any result, because every case turns on its own facts.

If you are holding your household together while your partner’s pill use gets worse, you shouldn’t carry it alone. Call (561) 849-4149 or request a consultation to talk through your situation. The first consultation is free, confidential, and carries no obligation to continue.