{"id":15785,"date":"2026-11-01T04:55:10","date_gmt":"2026-11-01T04:55:10","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-respondent-rights-court-appointed-lawyer-florida\/"},"modified":"2026-11-09T09:02:13","modified_gmt":"2026-11-09T09:02:13","slug":"marchman-act-respondent-rights-court-appointed-lawyer-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-respondent-rights-court-appointed-lawyer-florida\/","title":{"rendered":"Marchman Act Respondent Lawyer Florida: Know Your Rights"},"content":{"rendered":"\n
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Marchman Act Respondent Lawyer \u00b7 Miami-Dade & South Florida<\/p>

Facing a Marchman Act Petition? Understand Your Options Before the Hearing<\/h1>

Robinson Casey focuses on Marchman Act and guardianship matters for families across Miami-Dade, South Florida and statewide. Learn how the process works and what questions to ask.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Richard J. Casey III, Esq. \u00b7 Published November 1, 2026<\/p>\n\n

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When Your Spouse Is Named in a Marchman Act Petition<\/h2>\n

Your spouse’s drinking or drug use has made your home unpredictable. Now court papers name them in a Marchman Act petition, and you don’t know what comes next. Yes, a person named in a Marchman Act petition has the right to a lawyer, and a respondent who wants a lawyer and cannot afford one has the right to a court-appointed lawyer.<\/p>\n

The Marchman Act is Florida’s civil process for court-ordered assessment and treatment of a person with a substance use problem. It runs under Florida Statutes Chapter 397. Courts have jurisdiction over these petitions, and the alleged impaired person is named as the respondent.<\/p>\n

This page answers one question: does the named person get a lawyer, and what rights do they hold? It also explains how a spouse’s role differs from theirs. You may be worried about the kids, the money, and whether the marriage can hold together. For the full overview, read our Marchman Act overview<\/a>.<\/p>\n\n

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If your spouse has been named in a Marchman Act petition, you don't have to work out the next steps alone. Call Robinson Casey at (561) 849-4700 to talk it through. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Does a Marchman Act Respondent Get a Lawyer in Florida?<\/h2>\n

Yes. A respondent has the right to counsel at every stage of the court case. The respondent can give up that right only if they are present and the court finds the waiver was made knowingly, intelligently, and voluntarily (Fla. Stat. \u00a7 397.681<\/a>).<\/p>\n

A respondent who wants a lawyer and cannot afford a private one can receive a court-appointed lawyer. If the court believes the respondent needs or wants help, it must appoint one, even if the respondent does not ask (Fla. Stat. \u00a7 397.681<\/a>).<\/p>\n

The respondent can also hire a private lawyer. Timing can be tight. In an emergency, the court can act on the petition alone and enter an ex parte assessment and stabilization order before any attorney is appointed (Fla. Stat. \u00a7 397.6818<\/a>). The right to counsel still applies once the case moves forward.<\/p>\n

What the Respondent’s Lawyer Does Before the Hearing<\/h2>\n

A respondent’s lawyer represents the respondent’s interests. The lawyer can access the respondent, witnesses, and records relevant to the case, no matter who pays the fee (Fla. Stat. \u00a7 397.68151<\/a>).<\/p>\n

Before the hearing, the lawyer goes over the petition with the respondent. That helps the respondent understand what is claimed and why. Copies of the petition and the hearing notice go to the respondent’s attorney, if known (Fla. Stat. \u00a7 397.68151<\/a>).<\/p>\n

The court must schedule the hearing within 10 court working days unless it grants a continuance (Fla. Stat. \u00a7 397.68151<\/a>). That short window is one reason to speak with a lawyer early. If the court appoints counsel, the Office of Criminal Conflict and Civil Regional Counsel represents the person until the petition is dismissed, the order expires, or the person is discharged.<\/p>\n

Respondent Rights at the Marchman Act Hearing<\/h2>\n

The respondent must attend the hearing. The exceptions are a valid waiver, or a court finding that being present is inconsistent with their best interests or likely to harm themselves or others (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

The court hears all relevant evidence. That includes testimony from family members who know the respondent’s history, and the assessment results from a qualified professional (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

A respondent cannot be ordered into treatment without a clinical assessment. The respondent must be present at the hearing unless the court finds he or she knowingly, intelligently, and voluntarily waives the right to be present or, after 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 (Fla. Stat. \u00a7 397.6957<\/a>). The court must find the conditions proven by clear and convincing evidence before ordering services (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

Why the Spouse’s Role Is Different From the Respondent’s<\/h2>\n

A spouse is not the respondent’s lawyer. The respondent’s attorney represents the respondent’s interests, so a spouse’s concerns are a separate matter.<\/p>\n

A spouse can file a petition for an adult respondent. Florida law also allows a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of the person’s prior course of assessment and treatment to file (Fla. Stat. \u00a7 397.68112<\/a>). A spouse also receives a copy of the petition and hearing notice when the spouse is applicable (Fla. Stat. \u00a7 397.68151<\/a>).<\/p>\n

That testimony is part of the evidence the court reviews (Fla. Stat. \u00a7 397.6957<\/a>). Treatment records are confidential. They may not be disclosed without the individual’s written consent, apart from limited exceptions (Fla. Stat. \u00a7 397.501<\/a>).<\/p>\n

Robinson Casey limits practice to Marchman Act and guardianship matters. If a matter falls outside that practice, it may be referred to another lawyer or firm.<\/p>\n

If Nothing Changes at Home: Where Marchman Act Cases Lead<\/h2>\n

Many spouses fear that nothing will change. The process can lead to assessment, stabilization, and court-ordered treatment. How a case unfolds depends on the facts.<\/p>\n

Court-ordered treatment can last up to 90 days (Fla. Stat. \u00a7 397.697<\/a>). A renewal can be requested before that period ends if the conditions justifying involuntary treatment services are expected to exist after 90 days of treatment services (Fla. Stat. \u00a7 397.697<\/a>). The person must be released when the conditions that justified treatment no longer exist (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

Nothing in this process can promise that your marriage or finances will recover. Stability takes time. For related questions, see drug court versus Marchman Act, what happens after a relapse, and methadone and buprenorphine.<\/p>\n

Quick Answers<\/h3>\n
Does a Marchman Act respondent get a lawyer in Florida?<\/summary>

Yes. The respondent has the right to counsel at every stage of the proceeding, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily; a respondent who wants a lawyer and cannot afford private counsel has the right to a court-appointed one.<\/p><\/details>

Can a spouse file a Marchman Act petition?<\/summary>

Yes. For an adult respondent, a spouse may file the petition under Florida law.<\/p><\/details>

Does the respondent have to testify?<\/summary>

Under Fla. Stat. \u00a7 397.6957(1)(a)<\/a>, the respondent must be present at the hearing unless the court makes one of the findings the statute requires.<\/p><\/details>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Talk With Robinson Casey About Your Household’s Next Step<\/h2>\n

If your spouse has been named, you may feel you are carrying this alone. You don’t have to sort out the petition, the hearing, and your home by yourself. Robinson Casey offers a free first consultation that is confidential, with no obligation to continue.<\/p>\n

Richard J. Casey III, Esq. is the responsible lawyer for this page. Call (561) 849-4700 or request a consultation<\/a> to talk through the petition and your household’s options.<\/p>\n\n<\/article>\n