{"id":6858,"date":"2026-10-17T04:42:35","date_gmt":"2026-10-17T04:42:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-respond-to-marchman-act-petition\/"},"modified":"2026-10-21T19:40:47","modified_gmt":"2026-10-21T19:40:47","slug":"involuntary-commitment-addiction-respond-to-marchman-act-petition","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-respond-to-marchman-act-petition\/","title":{"rendered":"Marchman Act Petition Filed on Me in Florida: Next Steps"},"content":{"rendered":"\n
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Marchman Act Petitions | Florida<\/p>

A Marchman Act Petition Was Filed on You? Start With the Next Steps.<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. and our team can explain what happens next and answer your questions in a confidential, free first consultation.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 17, 2026<\/p>\n\n

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If someone filed a Marchman Act petition on me in Florida, the first step is understanding what the papers ask for. A Marchman Act petition asks a Florida court to order an involuntary assessment for substance use and, if the statute’s criteria are met, involuntary treatment. The court makes that decision after a hearing.<\/p>\n

This guide explains the petition, your rights as the person named, and what the hearing involves.<\/p>\n

What a Marchman Act Petition Is and Who It Names<\/h2>\n

A Marchman Act petition<\/a> is a civil request to a Florida court for involuntary help with substance use. The law’s official name is the Hal S. Marchman Alcohol and Other Drug Services Act, as Fla. Stat. \u00a7 397.301<\/a> states.<\/p>\n

The adult named in the petition is the respondent. The person who files it is the petitioner.<\/p>\n

Who may file depends on who is named. Under Fla. Stat. \u00a7 397.68112<\/a>, for an adult respondent, 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 impairment. Other requirements may apply, and the court decides.<\/p>\n

The petition must name both parties, describe their relationship, and give the facts supporting the need for services. Fla. Stat. \u00a7 397.68141<\/a> lists these requirements. The petition is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee, under Fla. Stat. \u00a7 397.681<\/a>. For Miami-Dade, the Miami-Dade Clerk mental health court<\/a> page directs adults to the Probate Court.<\/p>\n

The Marchman Act covers substance use. Mental health commitments fall under a different Florida law, so the wording on your papers matters. The Lake County Clerk substance abuse<\/a> page describes the substance use process.<\/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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What the Petition Asks the Court to Do<\/h2>\n

The petition asks the court to order involuntary assessment, stabilization, or treatment. The judge decides whether to order any of these after hearing the evidence.<\/p>\n

In an emergency, the court may act before the full hearing. Under Fla. Stat. \u00a7 397.6818<\/a>, the court may rely on the petition alone and, without appointing an attorney, enter an ex parte order for assessment and stabilization.<\/p>\n

The criteria are set out in Fla. Stat. \u00a7 397.675<\/a>. The person must be substance abuse impaired, or have a substance use disorder with a co-occurring mental health disorder. Because of that condition, the person must have lost the power of self-control with respect to substance use. The statute then sets out two further tests, one about impaired judgment and one about risk of harm. The full text lists each element, and the court applies them.<\/p>\n

If the court finds the conditions proved by clear and convincing evidence, Fla. Stat. \u00a7 397.697<\/a> says the court may order treatment for a period not to exceed 90 days.<\/p>\n

Your Rights as the Person Named<\/h2>\n

The statute gives the person named several protections. The court decides how each applies to your case.<\/p>\n