Florida law has a unique tool to help families wrestle their loved ones away from addiction’s grip: the Marchman Act.
While many families are desperate to help, their efforts often clash with denial or outright refusal from the person in need. This is where the Marchman Act steps in, offering a legal pathway to compel someone into treatment.
If you’re asking, “How do I file a Marchman Act case?” you’re already halfway there. The rest of the process involves clear steps, strategic preparation, and legal follow-through.
Let a Florida marchman act as a lawyer who can guide you through this journey. Call us at (561) 849-4700 for assistance.
What Makes Someone Eligible for a Marchman Act Petition?
The law doesn’t hand out involuntary treatment orders lightly—and for good reason. These cases revolve around three specific conditions:
- Loss of Self-Control
Substance abuse has overtaken the individual’s life to the point that they can no longer manage it independently. Think repeated overdoses, dangerous binge use, or escalating recklessness. - Risk of Harm
The individual’s actions or neglect pose a tangible danger to themselves or others. Examples include driving while intoxicated or endangering children while under the influence. - Inability to Make Rational Decisions
This is more than just stubbornness. It’s about impaired judgment so severe that the person doesn’t recognize the consequences of their behavior—or their need for help.
If your loved one fits these criteria, the Marchman Act may be the solution to getting them into treatment—even against their will.
The Game Plan: Filing a Petition
Step 1: Gather Evidence
You’ll need more than “they’re drinking too much” to persuade a judge. The court needs concrete examples of behavior that meet the eligibility criteria. Start with:
- Police reports for incidents tied to substance abuse.
- Medical records showing overdoses, hospitalizations, or substance-related injuries.
- Testimony from family members, friends, or others with firsthand knowledge of the situation.
Every detail matters. Dates, places, and outcomes help paint the picture for the court.
Step 2: Complete the Forms
You can download the Petition for Involuntary Assessment and Stabilization online. Fill it out thoroughly—this document lays the groundwork for your case, so precision matters.
- Detail Specific Incidents: Clearly describe situations where your loved one’s substance use posed a danger to themselves or others.
- Organize Your Evidence: Attach supporting documents—like medical records or witness statements—in a coherent and orderly fashion.
Remember, this petition is a sworn statement. By signing, you affirm that all information provided is accurate to the best of your knowledge. False statements can lead to legal repercussions.
Step 3: File the Petition
After completing the form, submit it to the Clerk of Court in the county where your loved one resides or is currently located. This action initiates the legal process for involuntary assessment under the Marchman Act. The good news: there’s no filing fee for these cases.
What Happens Next?
Once your petition is filed, the gears of the legal system start moving. Here’s how it unfolds:
Court Review
The court examines your petition to ensure it meets the legal standards. If it passes this initial review, a hearing is scheduled within ten days.
The Hearing
This is your opportunity to prove why intervention is necessary. Bring your evidence, present your case, and explain the situation. Your loved one, as the respondent, also has the right to attend and contest the petition.
Judges don’t issue orders lightly. They need clear, compelling reasons to mandate treatment. If they agree with your argument, they’ll order an involuntary assessment and stabilization for up to five days.
When Treatment Is the Next Step
The assessment may reveal the obvious: your loved one needs more than a few days of stabilization. If this happens, you’ll file a Petition for Involuntary Services to extend treatment beyond the initial period.
- File the petition promptly—there’s no time to waste after the initial stabilization ends.
- Another hearing will be scheduled to determine whether long-term involuntary treatment is necessary.
At this stage, your evidence needs to be rock-solid. Show that without court-ordered treatment, your loved one’s life—or the lives of others—remains at risk.
What Happens If They Refuse?
RICHARD J. CASEY, Florida Marchman Act Lawyer
When someone defies a court order under the Marchman Act, the legal system doesn’t just shrug its shoulders. Non-compliance triggers a series of escalating consequences designed to enforce the court’s mandate and, ultimately, safeguard the individual’s well-being.
- Contempt of Court
-
-
- Defying a court-ordered treatment plan results in contempt of court, signaling a serious breach of judicial authority.
- The court addresses this violation swiftly to maintain its mandate.
-
- Civil Commitment
-
-
- Continued refusal can lead to civil commitment, confining the individual to a treatment facility against their will.
- The confinement lasts until the individual complies with the court-ordered treatment plan.
-
- Legal Proceedings
-
-
- Treatment facilities notify the court about non-compliance, prompting a hearing to address the breach.
- At the hearing, the individual must explain their refusal to comply.
- The court may order the individual to resume treatment or face incarceration.
-
- Loss of Autonomy
-
-
- Non-compliance restricts personal freedoms, as individuals under civil commitment lose the ability to make independent decisions.
- This enforced structure protects them and others from the dangers of untreated substance abuse.
-
- Court’s Objective
-
- The court uses legal consequences as a strategy to overcome denial and resistance.
- The goal is to encourage engagement in the recovery process by emphasizing the seriousness of non-compliance.
Legal Guidance Makes All the Difference
At Robinson & Casey, PLLC, we’ll help you build a case that stands up in court and ensures your loved one gets the treatment they desperately need.
Get the help your family deserves. Call us at (561) 849-4700 today.
