Marchman Act Attorney
Protect Your Rights in a Florida Marchman Act Petition
If you've been served with a Marchman Act petition, you have legal rights and defenses. Robinson & Casey represents individuals facing involuntary commitment proceedings across South Florida and statewide.
By Richard J. Casey III, Esq. · Published October 04, 2026
Marchman Act Rights in Florida: Your Legal Protections & Due Process
The Marchman Act is a Florida civil law that allows involuntary assessment and treatment for substance use disorders—but it does not strip away your legal rights. You have the right to notice, a hearing, legal representation, the ability to challenge evidence, and the right to appeal. Understanding these protections is essential if you or a loved one faces a Marchman Act petition.
If you're facing a Marchman Act petition or worried about involuntary commitment, you have specific legal rights—and an attorney can protect them. Reach out to discuss your case. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
What Is the Marchman Act and Who Does It Affect?
Florida Statutes Chapter 397 is a civil statute that allows involuntary assessment and treatment for substance use disorders when a person cannot or will not seek help voluntarily. It applies to individuals 18 and older; residency in Florida is not required if the person is physically present in the state.
This is a civil proceeding, not a criminal one. No criminal conviction or record results from a Marchman Act commitment. The focus is treatment and recovery, not punishment. Family members, healthcare providers, and law enforcement can petition the court for involuntary commitment, but only a judge can order it—and only after a hearing where the person has the opportunity to be heard.
Robinson & Casey focuses exclusively on Marchman Act petitions and guardianship matters, serving families and individuals across South Florida and statewide.
Core Legal Rights Under the Marchman Act
When a Marchman Act petition is filed, you are protected by specific legal rights:
Right to Notice
You must be notified of the petition and the grounds for it before any hearing. You cannot be committed in secret.
Right to a Hearing
You have the right to appear before a judge, testify on your own behalf, and present evidence. The hearing must occur within a reasonable time—typically within 5 business days of the petition being filed.
Right to Legal Representation
You may hire an attorney to represent you. If you cannot afford one, you may request a public defender be appointed at no cost to you. Your attorney can cross-examine witnesses, challenge the evidence, and argue for dismissal or less restrictive alternatives.
Right to Cross-Examine Witnesses
You or your attorney can question the petitioner’s witnesses and challenge their testimony and evidence.
Right to Appeal
If the court orders involuntary assessment or treatment, you may appeal the decision to a higher court.
Right to Due Process
The proceeding must follow Florida law and constitutional protections. The burden is on the petitioner to prove the grounds for commitment—you are not required to prove you don’t need treatment.
Right to Confidentiality
Your medical and treatment records are protected under privacy laws and cannot be disclosed without your consent or a court order.
The Marchman Act Process: What Happens and When
Understanding the timeline helps you prepare and know what to expect.
Step 1 – Petition Filed
A family member, healthcare provider, or law enforcement files a petition alleging substance use disorder and inability or unwillingness to seek treatment.
Step 2 – Emergency Relief (Optional)
The petitioner may request an emergency ex parte order to bring you in for assessment without a full hearing. This is temporary and lasts only until the hearing.
Step 3 – Notice and Hearing
You are notified and have the right to a hearing, typically within 5 business days.
Step 4 – Hearing
Both sides present evidence. The judge decides whether to order assessment or treatment. You can testify, present witnesses, and challenge the petitioner’s evidence.
Step 5 – Assessment
If ordered, you undergo a professional substance use evaluation.
Step 6 – Treatment Plan
Based on assessment results, a treatment plan is developed.
The entire process from petition to hearing is typically 5–10 business days. Assessment and treatment placement follow afterward.
How Long Can Someone Be Held Under the Marchman Act?
This is one of the most important questions people ask.
Initial Assessment Period
Up to 5 days for evaluation and stabilization.
The 33-Day Rule
If treatment is ordered, the most common initial commitment period is up to 33 days for inpatient treatment. This is the standard timeframe under Florida law.
Extended Treatment
After 33 days, treatment may continue on a voluntary basis, or the petitioner may seek an extension through another hearing.
No Indefinite Commitment
The Marchman Act does not allow indefinite involuntary commitment. Periodic review and renewal are required by law.
Right to Periodic Review
You have the right to request a hearing at any time to challenge or terminate the commitment if you no longer meet the criteria or if less restrictive alternatives exist.
Can a Marchman Act Petition Be Cancelled or Terminated?
Yes. You can challenge the petition and request termination at any time.
Grounds for Termination
You can argue that you no longer meet the criteria (substance use disorder with inability or unwillingness to seek treatment) or that less restrictive alternatives—such as outpatient treatment—are available and appropriate.
Voluntary Transition
Many individuals transition from involuntary to voluntary treatment during the commitment period. Discuss this option with your treatment team and attorney.
Discharge by Facility
The treatment facility may discharge you if you no longer meet criteria or have completed treatment.
Legal Representation
An attorney can file motions and represent you at termination hearings, increasing the likelihood of a favorable outcome.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Who Pays for Marchman Act Assessment and Treatment?
Health Insurance
If you have health insurance, it typically covers assessment and treatment costs.
Medicaid or Medicare
Eligible individuals may use these programs to pay for services.
Petitioner Responsibility
In some cases, the person who filed the petition may be responsible for costs.
Facility Billing
Treatment facilities bill insurance or the responsible party directly.
Financial Assistance
Some facilities offer sliding-scale fees or financial assistance programs.
Court costs and legal proceedings are typically covered by the petitioner or the state—not by you.
What Protections Exist Against Wrongful or Abusive Petitions?
Burden of Proof on Petitioner
The petitioner must prove the grounds for commitment. You are not required to prove you don’t need treatment.
Judicial Review
A judge reviews the petition and evidence before any commitment is ordered. The judge is the gatekeeper.
Right to Challenge
You can contest the petition at the hearing and present your own evidence, witnesses, and testimony.
Sanctions for Bad Faith
Florida law allows courts to sanction parties who file petitions in bad faith or without reasonable grounds, providing a remedy if someone abuses the process.
Legal Representation
An attorney can identify weaknesses in the petition, challenge evidence, and protect your rights.
Frequently Asked Questions About Marchman Act Rights
Q: Can I refuse to go to the hearing?
No. If you are served with notice, you have the right and responsibility to appear. Failure to appear may result in a default judgment against you.
Q: What if I cannot afford an attorney?
You may request a public defender at the hearing at no cost, or Robinson & Casey can discuss payment options and representation.
Q: Does a Marchman Act commitment create a criminal record?
No. It is a civil proceeding and does not result in a criminal conviction or record.
Q: Can I appeal the judge’s decision?
Yes. You have the right to appeal to a higher court if you believe the decision was wrong.
Q: What happens if I leave treatment before the 33 days are up?
Leaving without authorization may result in law enforcement being contacted to return you to the facility. Discuss early discharge options with your treatment team and attorney.
Q: Can my family force me into treatment against my will?
Only through a court order. A petition must be filed, and a judge must find legal grounds for involuntary commitment based on evidence.
Why Legal Representation Matters in Marchman Act Cases
An attorney protects your rights at every stage.
Protecting Your Rights
An attorney ensures you understand your rights and that the court follows proper procedures.
Challenging the Petition
Your attorney can cross-examine witnesses, identify weaknesses in the evidence, and argue for dismissal or less restrictive alternatives.
Negotiating Outcomes
An attorney may negotiate for voluntary treatment, shorter commitment periods, or outpatient options instead of inpatient commitment.
Representing You at Hearings
If you cannot or prefer not to speak for yourself, your attorney presents your case to the judge.
Appealing Unfavorable Decisions
If the court orders commitment, your attorney can file an appeal and argue that the decision was wrong.
Navigating Complex Procedures
Marchman Act cases involve specific deadlines, forms, and procedural rules. An attorney ensures compliance and protects your interests throughout.
Robinson & Casey’s Role in Protecting Your Rights
Robinson & Casey focuses exclusively on Marchman Act petitions and guardianship matters. We represent individuals facing Marchman Act petitions from the initial hearing through appeal.
Local Knowledge
Our team understands South Florida courts, judges, and procedures, and we serve clients statewide across Florida.
Representation at Every Stage
We appear at hearings, cross-examine witnesses, file motions, and represent you before the judge.
Consultation Available
We offer consultations to explain your rights, review the petition against you, and discuss your options.
Transparent Process
We explain what to expect, answer your questions, and keep you informed throughout the proceeding.
If you're facing a Marchman Act petition or worried about involuntary commitment, you have specific legal rights—and an attorney can protect them. Reach out to discuss your case. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Next Steps: Protect Your Rights Today
If a Marchman Act petition has been filed against you or a loved one, understanding your rights is the critical first step. You are not powerless. You have the right to be heard, to challenge the evidence, and to have an attorney represent your interests.
Robinson & Casey can review the petition, explain the hearing process, and represent you before the court. If you’re facing a Marchman Act petition or worried about involuntary commitment, you have specific legal rights—and an attorney can protect them.
Call (561) 849-4149 or schedule a consultation to speak with an attorney about your case. People in your situation reach out regularly, and we’re here to help.
Your Rights in Marchman Act Proceedings
Right to Legal Representation
You have the right to be represented by an attorney at every stage of the proceeding, from the initial petition through the hearing and any appeals.
Right to Notice and Discovery
You must receive proper notice of the petition and have access to the evidence and allegations against you before the hearing.
Right to Be Heard
You have the opportunity to present your own evidence, call witnesses, and cross-examine those testifying about your situation.
Right to Challenge the Petition
Legal defenses may be available based on procedural errors, insufficient evidence, or other grounds specific to your case.
Do Not Ignore a Marchman Act Petition
If you are served with notice of a Marchman Act petition, appearing at the hearing is mandatory. Failure to appear may result in a default judgment against you. An attorney can help you understand your options and protect your interests.
Common Questions About Marchman Act Rights
Can I refuse to attend the hearing?
No. If you are served with notice of a Marchman Act petition, you have both the right and the responsibility to appear. Failure to appear may result in a default judgment entered against you without your input.
What if I cannot afford an attorney?
You may request a public defender at the hearing at no cost. Robinson & Casey also discusses payment options and flexible arrangements to ensure you have representation.
What happens at a Marchman Act hearing?
The petitioner presents evidence and testimony about the alleged substance use or mental health condition. You have the right to present your own evidence, call witnesses, and cross-examine the other side's witnesses.
Can the petition be dismissed or challenged?
Yes. Defenses and challenges may be available depending on how the petition was filed, the evidence presented, procedural compliance, and the specific facts of your situation.
How Robinson & Casey Helps
Defense of Your Rights
We represent individuals who have been served with Marchman Act petitions, focusing on protecting your legal rights and challenging the petition where appropriate.
Case Preparation and Strategy
We review the petition, gather evidence, identify defenses, and prepare you for the hearing so you understand what to expect.
Representation at Hearing
We appear on your behalf, present evidence and witnesses, cross-examine the petitioner's witnesses, and advocate for your position before the court.
Immediate Availability
Marchman Act proceedings move quickly. We prioritize urgent consultations and can often meet on short notice to discuss your case.