{"id":17384,"date":"2026-11-04T08:33:47","date_gmt":"2026-11-04T08:33:47","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/safety-at-home-waiting-for-marchman-act-hearing-florida\/"},"modified":"2026-11-04T08:33:55","modified_gmt":"2026-11-04T08:33:55","slug":"safety-at-home-waiting-for-marchman-act-hearing-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/safety-at-home-waiting-for-marchman-act-hearing-florida\/","title":{"rendered":"Safety at Home While Waiting for a Marchman Act Hearing"},"content":{"rendered":"\n
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Marchman Act Guidance | Miami-Dade and South Florida<\/p>

Keeping Your Family Safe at Home While a Marchman Act Hearing Is Pending<\/h1>

Practical steps for the days between filing and the hearing, from Robinson Casey, a firm that focuses on Marchman Act petitions and guardianship matters.<\/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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If someone you love is in immediate danger, call 911 now. For families waiting on a Marchman Act hearing in Florida, safety at home comes first, and it starts before any court date. This page explains what the Marchman Act is, what it can’t do while you wait, and the practical steps many households take in the meantime. It’s general information, not legal advice.<\/p>\n

If Anyone Is in Immediate Danger, Call 911 First<\/h2>\n

Call 911 when someone is in immediate danger, threatening violence, or may have overdosed. Don’t wait for a court date, a lawyer’s appointment, or a hearing notice.<\/p>\n

Emergency responders can act on the scene. A Marchman Act petition is a separate court process, and it does not replace emergency help.<\/p>\n

Write the emergency number and the nearest hospital’s name on paper. Keep the paper where every adult in the home can find it. In a crisis, people often forget details they know well.<\/p>\n

If it is safe to do so, speak calmly and move other people away from the situation. Your own safety comes first.<\/p>\n

Once the immediate danger has passed, you can turn to the court steps and your household plan. Take them one at a time.<\/p>\n\n

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If safety at home feels out of reach while a Marchman Act case is pending, you don't have to plan every step alone. We can talk through your next steps. 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 What It Cannot Do While You Wait<\/h2>\n

The Marchman Act is the Florida court process for seeking assessment and treatment for an adult or a minor with a substance use problem; for a minor, a parent, legal guardian, or service provider may file. Chapter 397 of the Florida Statutes sets out the rules.<\/p>\n

The law asks whether there is good faith reason to believe the person is substance abuse impaired and has lost the power of self-control over substance use. Under Fla. Stat. \u00a7 397.6957<\/a>, the court also considers whether, because of the impairment, your loved one is unlikely to voluntarily participate in the recommended services or is unable to determine for themselves whether services are necessary, and whether either of the following conditions applies: without services, your loved one is likely to suffer from neglect or refuse to care for themselves, which poses a real and present threat of substantial harm to their well-being, with a substantial likelihood of serious bodily harm to themselves or another in the near future, as evidenced by recent behavior; or your loved one’s refusal of care is based on judgment so impaired by reason of substance abuse that they are incapable of appreciating their need for care and of making a rational decision about that need.<\/p>\n

The clerk cannot charge a filing fee (\u00a7 397.681<\/a>). Under \u00a7 397.68112<\/a>, an adult’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment may file.<\/p>\n

Here is what the Act cannot do while you wait. Filing starts a court case, but it does not replace a household safety plan. The court must schedule a hearing within 10 court working days unless a continuance is granted (\u00a7 397.68151<\/a>). The St. Lucie Clerk mental health page<\/a> describes the same hearing steps in plain terms. Until the hearing, your home still needs its own plan.<\/p>\n

Keeping Children and Other Household Members Out of Harm’s Way<\/h2>\n

Decide now where children and other vulnerable people will go if tension rises. A room with a lock, a trusted adult’s home nearby, or a neighbor who knows the plan can all work. Pick the option that is closest and easiest to reach.<\/p>\n

Tell school staff, childcare providers, and caregivers what is happening. Name the adults who are allowed to pick up children, and give them a written list.<\/p>\n

Agree on a simple signal among the adults in the home. It should mean it is time to leave the room or call for help. Practice it so it feels natural under stress.<\/p>\n

Safety concerns can also affect family arrangements. A Florida judicial parenting guide<\/a> notes that a parent’s drug or alcohol abuse and related safety concerns may call for changes to ordinary parenting-time arrangements. That guide is a reference, not a statute. Your family’s facts will decide how it applies.<\/p>\n

Securing Medications, Alcohol, Firearms, and Cash<\/h2>\n

Lock up prescription medicines and over-the-counter drugs that can be misused. Count the pills and note the counts, so you spot changes right away.<\/p>\n

Remove or lock away alcohol and other substances in the home. Take unused medicine to a pharmacy take-back option instead of leaving it in a drawer.<\/p>\n

Store firearms unloaded and locked. Keep ammunition in a separate locked place. Keep cash, checkbooks, car keys, and valuables out of reach.<\/p>\n

Write down what you secured and where. Every adult in the home should follow the same list, so no one undoes the plan by accident.<\/p>\n

Documenting Incidents Safely and Accurately<\/h2>\n

Write down each incident as soon as you can, while the details are fresh. Record the date, time, place, what was said or done, and who was there.<\/p>\n

Save texts, voicemails, and emails that show threats, overdose signs, or dangerous driving. Back them up somewhere the loved one cannot reach.<\/p>\n

Take photos only when it is safe. Never put yourself at risk to collect evidence.<\/p>\n

Keep the log short and factual. Describe what happened, and avoid labels or guesses.<\/p>\n

The log can also matter at the hearing. Under Fla. Stat. \u00a7 397.6957<\/a>, the court hears all relevant evidence, including testimony from family members familiar with the respondent’s prior history. A dated record makes those details easier to recall accurately.<\/p>\n

Planning for a Crisis Moment at Home<\/h2>\n

A written plan keeps everyone from deciding alone in the moment. Build it before the crisis, not during it.<\/p>\n

Keep a charged phone, chargers, keys, and identification where you can grab them fast. Tell every adult where they are kept.<\/p>\n

Keep your voice calm. Avoid arguing or bargaining during a crisis. Keep a clear path to an exit for yourself and any children.<\/p>\n

Write down the numbers to call, the nearest hospital, and the names of people who can come to the home. Put a copy in each adult’s phone or wallet.<\/p>\n

Review the plan with everyone in the household. Walk through the steps once, so the plan feels familiar when it matters.<\/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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Talking With Robinson Casey About Your Timing<\/h2>\n

Yes, you can talk with Robinson Casey about the timing of a Marchman Act case and your next steps. The firm focuses on Marchman Act petitions and guardianship matters.<\/p>\n

Richard J. Casey III, Esq. is the responsible lawyer for this page. This is attorney advertising. This matter may be referred to another lawyer or firm if appropriate.<\/p>\n

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

Yes. Under Florida law, an adult’s spouse, legal guardian, relative, or service provider may file, as may an adult who has direct personal knowledge of the adult’s substance abuse impairment and prior course of assessment and treatment (\u00a7 397.68112<\/a>).<\/p><\/details>

How soon is the hearing?<\/summary>

The court must schedule the hearing within 10 court working days unless a continuance is granted (\u00a7 397.68151<\/a>).<\/p><\/details>

Does the clerk charge a fee to file?<\/summary>

No. The clerk may not charge a fee for filing a petition under this section (\u00a7 397.681<\/a>).<\/p><\/details>\n

If you are watching a loved one at home while a petition moves through the court, you don’t have to plan every step alone. Call (561) 849-4149 or use the contact page<\/a> to schedule a consultation. The first consultation is free, confidential, and carries no obligation to continue.<\/p>\n\n<\/article>\n