{"id":17356,"date":"2026-11-04T07:28:38","date_gmt":"2026-11-04T07:28:38","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-attorney-miami-dade\/"},"modified":"2026-11-08T19:32:36","modified_gmt":"2026-11-08T19:32:36","slug":"marchman-act-attorney-miami-dade","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-attorney-miami-dade\/","title":{"rendered":"Miami-Dade Marchman Act Attorney | Robinson Casey"},"content":{"rendered":"\n
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Miami-Dade Marchman Act Attorney<\/p>

Marchman Act Petitions for Miami-Dade Families<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across Miami-Dade, South Florida and statewide. Start with a free, confidential first consultation, with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

Casey III, Esq. \u00b7 Published November 4, 2026<\/p>\n\n

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Miami-Dade Marchman Act Attorney for Families Across South Florida<\/h2>\n

A Marchman Act petition asks a Florida court to order an assessment and, if the legal tests are met, treatment for a person with a substance use problem. 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 lawyer responsible for this page.<\/p>\n

This guide explains who can file, what goes into a petition, and what happens in court.<\/p>\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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What the Marchman Act Is and Who Can File<\/h2>\n

The Marchman Act is Florida’s court process for people who have a substance use problem. It lets a judge order an assessment and, when the criteria are proved, treatment. The core test is in Fla. Stat. \u00a7 397.675<\/a>.<\/p>\n

For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance use and past treatment (Fla. Stat. \u00a7 397.68112<\/a>). For a minor, a parent, legal guardian, or service provider may file.<\/p>\n

The petition goes to the clerk of court in the county where the person is located. The clerk may not charge a fee for filing (Fla. Stat. \u00a7 397.681<\/a>). Filing in the wrong county is a venue problem, not a loss of jurisdiction, and the usual fix is transfer (J.P. v. J.N.<\/a>).<\/p>\n

What a Marchman Act Petition Involves<\/h2>\n

A petition must name the person and the person filing. It must also state how they are related and the facts behind the request (Fla. Stat. \u00a7 397.68141<\/a>). Those facts must explain why the family believes the person is impaired and has lost self-control.<\/p>\n

The petition must also give a reason. Either the person has harmed or is likely to harm self or others, or the refusal of care comes from judgment so impaired that the person can’t see the need for care. The statute adds that mere refusal of services is not, by itself, proof of impaired judgment (Fla. Stat. \u00a7 397.675<\/a>).<\/p>\n

Fla. Stat. \u00a7 397.675<\/a> sets the admission criteria and does not address reports; under Fla. Stat. \u00a7 397.68141<\/a>, a petition may include a report from a qualified professional who examined the person within 30 days before filing.<\/p>\n

Fla. Stat. \u00a7 397.675<\/a> sets the criteria for involuntary admission and does not state who carries the burden of proof. A Fifth District court held that a judge who questions the only witness when the petitioner is absent has acted as the absent petitioner (J.C. v. State<\/a>). Florida’s appeals courts have split on this point. The Fifth District ruled against that questioning in a later case (C.W.R.K. opinion<\/a>), while the Fourth District reached a different result and certified a conflict (J.J.J. opinion<\/a>). The 2024 amendments may affect that dispute.<\/p>\n

How the Process Works, Step by Step<\/h2>\n

The case moves through court in set stages, and each stage has its own clock.<\/p>\n

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  1. Consultation.<\/strong> You share the facts, and the firm reviews whether a petition fits them.<\/li>\n
  2. Records and timeline.<\/strong> You gather dates, records, and witness names, as covered below.<\/li>\n
  3. Filing.<\/strong> The petition goes to the clerk in the county where the person is located.<\/li>\n
  4. Counsel and hearing date.<\/strong> The court decides whether the person has a lawyer or should get one. It sets a hearing within 10 court working days unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>).<\/li>\n
  5. Emergency orders.<\/strong> In an emergency, the court may enter an order based on the petition alone (Fla. Stat. \u00a7 397.6818<\/a>). A provider generally may hold the person no more than 72 hours of observation, with exceptions.<\/li>\n
  6. Hearing.<\/strong> If the person does not appear at the hearing for any reason, the court may still issue or reissue an ex parte assessment and stabilization order valid for 90 days, if it reasonably believes the commitment criteria are met and a substance abuse emergency exists (Fla. Stat. \u00a7 397.6818<\/a>). Under Fla. Stat. \u00a7 397.6818<\/a>, the court reviews the petition, testimony, and evidence presented; this section does not state that testimony must be taken under oath or that the proceedings must be recorded.<\/li>\n
  7. Order and renewal.<\/strong> A treatment order can last up to 90 days (Fla. Stat. \u00a7 397.697<\/a>). A renewal can add up to another 90 days (Fla. Stat. \u00a7 397.6975<\/a>).<\/li>\n<\/ol>\n

    Want to see where your family’s facts fit these steps? Contact Robinson Casey through the contact page<\/a>.<\/p>\n

    What to Gather Before a Consultation<\/h2>\n

    Bring a written timeline, any records you have, and the names of people who saw what happened. Specific facts about your loved one’s situation can help the court understand the request.<\/p>\n