{"id":3270,"date":"2026-10-02T02:46:35","date_gmt":"2026-10-02T02:46:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney-law-firm-national\/"},"modified":"2026-10-27T15:02:12","modified_gmt":"2026-10-27T15:02:12","slug":"marchman-act-attorney-law-firm-national","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney-law-firm-national\/","title":{"rendered":"Marchman Act Attorney in Florida | Robinson & Casey"},"content":{"rendered":"\n
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Marchman Act Attorney<\/p>

Florida Marchman Act Petitions & Involuntary Commitment for Addiction<\/h1>

Robinson & Casey helps families navigate emergency petitions and court proceedings when a loved one needs immediate intervention for substance abuse.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 02, 2026<\/p>\n\n

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Marchman Act Attorney in Florida: Filing a Petition for Involuntary Addiction Treatment<\/h2>\n

The Marchman Act is a Florida civil statute that allows family members, healthcare providers, and law enforcement to petition a court for involuntary assessment and treatment of a person struggling with substance abuse. If a loved one refuses voluntary treatment and poses a danger to themselves or others, this law provides a legal pathway to intervention\u2014without requiring a criminal charge or arrest.<\/p>\n

Robinson & Casey handles Marchman Act petitions exclusively throughout Florida, including South Florida and Miami-Dade County. We understand the urgency and emotional weight of these situations and guide families through the process with clarity and speed.<\/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

What Is the Marchman Act and Who It’s For<\/h2>\n

The Marchman Act is a Florida statute allowing family members and certain others to petition a court for involuntary assessment and treatment of a person with substance abuse disorder. Under Florida Statutes Chapter 397<\/a>, individuals 18 and older whose substance abuse poses danger to themselves or others\u2014or prevents them from caring for themselves\u2014may be subject to court-ordered evaluation and treatment.<\/p>\n

Who can file a Marchman Act petition:<\/strong>\n– A spouse, parent, adult child, or sibling\n– A close relative or friend\n– A healthcare provider or mental health professional\n– Law enforcement\n– Other authorized persons under the statute<\/p>\n

When families use it:<\/strong>\n– A loved one has refused voluntary treatment repeatedly\n– Active substance abuse is creating immediate danger (overdose risk, unsafe behavior, neglect)\n– The person cannot or will not care for basic needs due to addiction\n– Intervention is urgent and cannot wait for the person to choose help<\/p>\n

The Marchman Act covers alcohol and drug abuse<\/a>. It is a civil<\/em> proceeding\u2014not criminal\u2014and does not result in a criminal record for the respondent.<\/p>\n

What the Marchman Act Covers: The Legal Process<\/h2>\n

A Marchman Act petition seeks court-ordered intervention in several stages. Understanding what each stage covers helps families know what to expect.<\/p>\n

Emergency ex parte relief<\/strong> is temporary commitment without the respondent present, typically lasting 72 hours. The court reviews the petition and supporting affidavits and decides whether to grant immediate protection.<\/p>\n

Involuntary assessment<\/strong> is a court-ordered evaluation by a licensed treatment facility. During this period, a clinician evaluates the person’s substance abuse history, medical status, and treatment needs.<\/p>\n

The full hearing<\/strong> is a court proceeding held within 5 business days where both sides present evidence. The respondent has the right to be present, be represented by an attorney, and contest the petition. The judge decides whether clear and convincing evidence supports involuntary treatment.<\/p>\n

Involuntary treatment<\/strong> is court-ordered inpatient or outpatient substance abuse treatment. Initial orders are typically for up to 60 days and can be extended based on clinical need and court approval.<\/p>\n

The legal standard is high<\/a>: the court must find clear and convincing evidence that the person’s substance abuse creates danger or prevents self-care. This protects individuals’ rights while allowing intervention when addiction poses real risk.<\/p>\n

How the Marchman Act Process Works: Step-by-Step<\/h2>\n

The Marchman Act process moves quickly when urgency demands it. Here’s what happens from start to finish.<\/p>\n

Step 1 \u2013 Consultation<\/strong>
\nYou meet with an attorney and describe the situation: the person’s substance abuse history, recent incidents, any immediate dangers, and whether they’ve refused treatment. The attorney listens and evaluates whether Marchman Act grounds exist.<\/p>\n

Step 2 \u2013 Petition preparation<\/strong>
\nThe attorney drafts a formal petition with factual allegations, supporting affidavits from family members or witnesses, and legal grounds. The petition must clearly establish substance abuse and danger or inability to care for self. Proper drafting is critical; vague or incomplete petitions delay approval.<\/p>\n

Step 3 \u2013 Filing and emergency hearing<\/strong>
\nThe petition is filed with the circuit court. The judge may grant emergency ex parte relief the same day or within 24\u201348 hours. If approved, a temporary commitment order is issued.<\/p>\n

Step 4 \u2013 Temporary commitment<\/strong>
\nLaw enforcement or a designated agent transports the respondent to a treatment facility for assessment. The facility has 72 hours to evaluate the person and prepare a clinical recommendation for the full hearing.<\/p>\n

Step 5 \u2013 Full hearing<\/strong>
\nWithin 5 business days of the emergency order, a court hearing is held. The petitioner (or their attorney) presents evidence and testimony. The respondent has the right to be present and heard. The judge decides whether to order involuntary treatment.<\/p>\n

Step 6 \u2013 Treatment and monitoring<\/strong>
\nIf the judge orders treatment, the respondent enters the program. The attorney may monitor compliance and represent the family in any follow-up proceedings or extension hearings.<\/p>\n

Timeline:<\/strong> Emergency relief can often be obtained within 24\u201348 hours of filing. The full hearing typically occurs within 5 business days. The entire process from consultation to initial treatment order usually takes 1\u20132 weeks.<\/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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What Robinson & Casey Handles in Marchman Act Cases<\/h2>\n

Robinson & Casey’s practice focuses exclusively on Marchman Act petitions and guardianship matters. This narrow focus means deep experience and rapid response when families are in crisis.<\/p>\n

Our services include:<\/strong><\/p>\n