{"id":2902,"date":"2026-10-01T03:23:49","date_gmt":"2026-10-01T03:23:49","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/after-marchman-act-order\/"},"modified":"2026-10-21T14:11:31","modified_gmt":"2026-10-21T14:11:31","slug":"after-marchman-act-order","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/after-marchman-act-order\/","title":{"rendered":"Marchman Act Order: What Happens Next in Florida"},"content":{"rendered":"\n
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Marchman Act in Florida<\/p>

Marchman Act Order: What Happens Next<\/h1>

Understanding the steps after a court issues an involuntary assessment and treatment order in Florida<\/p>

Call (561) 849-4149 to speak with an attorney<\/a><\/div>
Call (561) 849-4149 to speak with an attorney<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 01, 2026<\/p>\n\n

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What Happens After a Marchman Act Order in Florida<\/h2>\n

A Marchman Act order requires the person named in it to undergo involuntary assessment and treatment for substance use disorder. What comes next depends on whether the order is an emergency temporary hold or a final court order\u2014and understanding the timeline, treatment requirements, and compliance obligations helps families navigate a difficult situation with clarity.<\/p>\n\n

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Understanding Your Marchman Act Order<\/h2>\n

A Marchman Act order is a court directive that authorizes involuntary assessment and treatment for someone whose substance use has become unmanageable and poses a threat to themselves or others. The order is grounded in Florida Statute \u00a7 397.675<\/a>, which gives Florida courts the power to step in when a person is unable or unwilling to seek help.<\/p>\n

Two types of Marchman Act orders exist. An emergency temporary order<\/strong> is issued quickly, often without the person present, and lasts up to 5 days. During that window, a full hearing must be scheduled. A final Marchman Act order<\/strong>, granted after a court hearing where the person has a chance to be heard and represented, can authorize treatment for up to 60 days, with possible extension for another 60 days if the court finds continued care is necessary.<\/p>\n

The order applies to the person named as the “respondent”\u2014the individual whose substance use prompted the petition. Family members, healthcare providers, and law enforcement can petition the court, but only the court can issue the order. Once issued, the respondent must comply with all terms, including facility placement, treatment participation, drug testing, and court reporting.<\/p>\n

The 33-Day Rule in Florida<\/h2>\n

The “33-day rule” refers to a specific evaluation and stabilization period built into Florida’s Marchman Act framework. After an emergency temporary order is issued, the individual enters a treatment facility for assessment. This 33-day window (which can extend to the full 60-day order period) is the time during which the facility evaluates the extent of the substance use disorder, stabilizes the person medically if needed, and develops an individualized treatment plan.<\/p>\n

During this period, the treatment facility conducts a thorough assessment\u2014often including medical exams, psychological evaluation, and substance use history\u2014to determine the appropriate level of care. The facility then creates a tailored treatment plan that may include detoxification, residential therapy, counseling, medication-assisted treatment, or intensive outpatient programming. This isn’t a one-size-fits-all process; the plan is designed for the individual’s specific needs.<\/p>\n

The 33-day window differs from a longer-term order because it’s designed as an evaluation and stabilization phase. If the person responds well and completes the initial treatment goals, the order may end. If continued treatment is necessary, the court may extend the order or transition the person to ongoing care.<\/p>\n

How Long Can You Be Held on a Marchman Act Order?<\/h2>\n

An emergency temporary Marchman Act order lasts up to 5 days. During this time, the treatment facility must schedule a full hearing before the court. The person has the right to be present, to have a lawyer, and to contest the order.<\/p>\n

If the court grants a final Marchman Act order after the hearing, the person can be held for up to 60 days of treatment. If the court determines at the end of that period that continued treatment is necessary, Florida Statute \u00a7 397.695<\/a> allows for extension for an additional 60 days.<\/p>\n

The order can be modified or terminated early if circumstances change\u2014for example, if the person completes treatment goals ahead of schedule, or if the court finds that continued involuntary treatment is no longer necessary. The person also has the right to request a hearing to contest or modify the order at any time.<\/p>\n

Treatment Requirements and Compliance<\/h2>\n

Once placed under a Marchman Act order, the person enters a treatment facility\u2014either inpatient or outpatient, depending on the assessment. Inpatient treatment<\/strong> typically includes detoxification, medical monitoring, and residential therapy. Outpatient programs<\/strong> (intensive outpatient or standard outpatient) allow the person to live at home while attending treatment sessions multiple times per week.<\/p>\n

The treatment facility develops an individualized treatment plan that outlines specific goals, therapy modalities, medication (if appropriate), and expected duration. Common components include:<\/p>\n