{"id":2637,"date":"2026-09-30T09:08:36","date_gmt":"2026-09-30T09:08:36","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/what-is-the-process-for-filing-a-marchman-act-petition-in-florida\/"},"modified":"2026-10-21T14:06:39","modified_gmt":"2026-10-21T14:06:39","slug":"what-is-the-process-for-filing-a-marchman-act-petition-in-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/what-is-the-process-for-filing-a-marchman-act-petition-in-florida\/","title":{"rendered":"Marchman Act Petition Filing Process in Florida"},"content":{"rendered":"\n
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Marchman Act<\/p>

Understanding the Marchman Act Petition Filing Process in Florida<\/h1>

A step-by-step guide to initiating involuntary commitment for addiction treatment<\/p>

Schedule a consultation with Robinson & Casey<\/a><\/div>
Schedule a consultation with Robinson & Casey<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published September 30, 2026<\/p>\n\n

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What Is the Process for Filing a Marchman Act Petition in Florida?<\/h2>\n

The Marchman Act filing process begins with preparing a petition and affidavit, filing them with your county circuit court, and attending a hearing\u2014typically all within 5 to 10 business days. Florida Statute Chapter 397<\/a> allows family members, guardians, and certain other adults to petition a court for involuntary assessment and treatment of someone with a substance abuse disorder. The process is designed to move quickly because the law recognizes that delays can be dangerous.<\/p>\n

Understanding each step helps you prepare strong documents and know what to expect in court. This guide walks you through the entire process, from initial preparation through the court hearing.<\/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>

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Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Step 1: Prepare the Petition and Affidavit<\/h2>\n

The petition is a formal written request asking the court to order involuntary assessment. It must include the person’s name, age, and current location or address.<\/p>\n

An affidavit\u2014a sworn statement signed in front of a notary\u2014must accompany the petition. This is the heart of your case. The affidavit describes specific, factual examples showing that the person has a substance abuse disorder and poses a threat to themselves or others, or cannot care for themselves.<\/p>\n

Courts require concrete details, not general statements. Instead of writing “he abuses drugs,” describe what you have actually seen: dates, times, specific incidents, changes in behavior, and consequences. For example: “On March 15, he was found unconscious in his car with empty bottles. On March 18, he missed work and his employer called to say he was fired. He has lost 30 pounds in two months and admits he cannot stop using.”<\/p>\n

The person filing the petition (the petitioner) must be willing to testify under oath about these facts at the hearing. You cannot file anonymously. Your identity and relationship to the person will be part of the court record.<\/p>\n

Step 2: File the Petition with the Circuit Court<\/h2>\n

The petition and affidavit are filed with the circuit court clerk in the county where the person lives or is currently located. You can file in person, by mail, or\u2014in some counties\u2014electronically.<\/p>\n

Filing fees vary by county but typically range from $100 to $300. Contact your county clerk’s office for the exact fee and accepted filing methods.<\/p>\n

When you file, the clerk assigns a case number and schedules a hearing date. Florida courts typically set the hearing within 5<\/a> business days of filing. If your situation is urgent, you can request an emergency hearing, which may be scheduled within 24 hours.<\/p>\n

Step 3: Notify the Person and Serve Required Parties<\/h2>\n

The person who is the subject of the petition must be notified of the filing and the hearing date. Notification is usually done in person or by certified mail, following Florida court rules.<\/p>\n

The person has the right to know what is happening, to attend the hearing, and to have a lawyer represent them. If they cannot afford a lawyer, the court may appoint one.<\/p>\n

Other parties\u2014such as the person’s attorney or guardian\u2014must also receive notice according to court rules.<\/p>\n

Step 4: Attend the Court Hearing<\/h2>\n

At the hearing, you (or your attorney) present the affidavit and testify about the facts. The judge listens to your evidence and asks questions.<\/p>\n

The person who is the subject of the petition also has the right to be present, to speak, to present evidence, and to challenge what you say. This is not a one-sided process\u2014the court hears both sides.<\/p>\n

The hearing is usually brief, often 15 to 30 minutes. The judge’s job is to decide whether there is probable cause (a reasonable basis to believe) that the person meets the legal criteria: substance abuse disorder, plus a threat to self or others, or inability to care for themselves.<\/p>\n

If the judge finds probable cause, a court order is issued. If not, the petition is dismissed and no further action is taken.<\/p>\n

Step 5: Court Order and Assessment<\/h2>\n

If the judge issues a court order, it directs the person to submit to an assessment by a qualified substance abuse treatment provider or mental health professional. The assessment determines whether the person actually meets the legal criteria for involuntary treatment.<\/p>\n

The assessment typically occurs within 1 to 3 days of the court order. If the assessment confirms the need for treatment, the court may order involuntary treatment for up to 60 days initially. The person is admitted to a licensed treatment facility.<\/p>\n

If the assessment shows the person does not meet criteria for involuntary treatment, the court order is dismissed and the person is released.<\/p>\n\n

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Have questions about what happened?<\/h3>

Ask our team directly. The first conversation is free, confidential, and there is no obligation to continue.<\/p>

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How Long Does the Entire Process Take?<\/h2>\n

From filing to court order, the process can occur within 5 to 10 business days. In urgent situations, an emergency hearing can be scheduled and a court order issued within 24 hours.<\/p>\n

This speed reflects Florida law’s intent to intervene quickly when substance abuse poses an immediate risk to the person or others.<\/p>\n

What Is the 33-Day Rule in Florida?<\/h2>\n

After the initial 5-day evaluation period, if the person is admitted to treatment and the treatment provider determines they meet criteria for continued involuntary treatment, the court may order treatment for up to 60 days.<\/p>\n

During this period, the person has the right to request a hearing to challenge the involuntary treatment order. This right to contest the order is a key protection built into Chapter 397<\/a>.<\/p>\n

Who Pays for the Marchman Act Assessment and Treatment?<\/h2>\n

The person undergoing assessment and treatment is typically responsible for the costs. If they cannot pay, the county may cover costs through public funds.<\/p>\n

Some treatment facilities offer sliding-scale fees based on income. If the person has active health insurance, it may cover part or all of the assessment and treatment costs.<\/p>\n

Filing fees for the court petition are your responsibility as the petitioner, though the amount is modest.<\/p>\n

Key Documents You Will Need<\/h2>\n