When someone you love is struggling with substance use, the desire to help can quickly collide with confusion about your legal options. The Marchman Act is often discussed as a last resort, yet it is also one of the most misunderstood tools available to families in Florida. Misinformation, fear, and stigma frequently prevent people from seeking help when it may be most needed.
Understanding what the Marchman Act truly does, and what it does not do—can make a meaningful difference in how families approach treatment and recovery. By clearing up common misconceptions, this guide aims to provide clarity, set realistic expectations, and help families make informed, compassionate decisions during an incredibly difficult time.
Misconception #1: The Marchman Act Is the Same as the Baker Act
One of the most common misunderstandings is that the Marchman Act and the Baker Act are interchangeable. While both are Florida laws designed to protect individuals in crisis, they serve very different purposes and apply to distinct situations.
The Marchman Act
The Marchman Act specifically addresses substance use, addiction and co-occurring mental health disorders. It allows families and loved ones to petition the court for involuntary assessment and, in some cases, treatment when a person’s drug or alcohol use has made them a danger to themselves or others, or when they are unable to recognize their need for help. The primary goal is to interrupt the cycle of addiction and connect the individual with appropriate treatment services. This normally provides a better long-term solution for families to get treatment for their loved one, not just assessment/examination.
The Baker Act
The Baker Act, on the other hand, is focused on mental health crises. It permits the involuntary examination of individuals who may be experiencing severe mental illness and pose an immediate risk due to suicidal or violent behavior. It is not intended to address substance use disorders on their own, even though addiction and mental health challenges often overlap.
Confusing these two laws can lead to delays in care or the use of the wrong legal process. Understanding the distinction helps families pursue the option that best aligns with their loved one’s situation, and ensures they are seeking help in a way that is both legally appropriate and most likely to result in meaningful support.
Misconception #2: The Marchman Act Sends Someone to Jail
A major fear for many families is the belief that using the Marchman Act will result in their loved one being arrested or incarcerated. This misconception often prevents people from taking action, even when substance use has reached a dangerous point. In reality, the Marchman Act is not a criminal law and would only send someone to jail in a circumstance where the person leaves treatment and is refusing to return to treatment. Nevertheless, if this does occur, it would be for civil contempt of an order, and would not involve criminal charges..
The Marchman Act is a civil legal process designed to prioritize treatment and safety, not punishment. While the court is involved, its role is to evaluate whether involuntary assessment or treatment is necessary due to the individual’s substance use disorder. If the court grants the petition, the person is directed to a licensed treatment or assessment facility, not a correctional facility.
Although law enforcement may sometimes assist with transportation if safety is a concern, this does not mean the individual is being arrested or charged with a crime. There is no criminal record created as a result of a Marchman Act petition. The focus remains on stabilizing the individual, protecting their rights, and providing access to care that could ultimately save their life.
Understanding that the Marchman Act is about help, not punishment can ease fears and help families take timely, compassionate steps toward treatment and recovery.
Misconception #3: Families Lose All Control Once a Petition Is Filed
Many families hesitate to pursue a Marchman Act petition because they fear they will lose their voice or control once the court becomes involved. In reality, filing a petition does not mean families are pushed aside or left out of the process. Instead, the Marchman Act is designed to balance legal oversight with continued family involvement and the protection of individual rights.
Families often play an active role throughout the process, from providing testimony and documentation to communicating concerns about safety, treatment needs, and prior attempts to seek help. The court relies heavily on this information when determining whether involuntary assessment or treatment is appropriate. While the judge makes the final legal decision, family input is a critical part of that determination.
It is also important to understand that the Marchman Act does not grant unlimited authority over a loved one’s life. The process is time-limited, subject to strict legal standards, and focused specifically on substance use treatment. Working with an experienced Marchman Act attorney can help families stay informed, involved, and empowered, ensuring the process remains compassionate, lawful, and centered on the best possible outcome.
Misconception #4: The Marchman Act Guarantees Long-Term Sobriety
It is understandable for families to hope that invoking the Marchman Act will permanently resolve a loved one’s struggle with addiction. However, one of the most important realities to understand is that the Marchman Act does not guarantee long-term sobriety. Instead, it serves as a critical intervention, often a starting point rather than a final solution.
The Marchman Act can require an individual to undergo assessment and, in some cases, long-term treatment, but recovery from substance use disorder is a long-term process. Lasting sobriety typically depends on a combination of factors, including ongoing treatment, counseling, support systems, and the individual’s willingness to engage in recovery after the court-ordered period ends.
That said, the Marchman Act can be life-saving. It can interrupt dangerous behavior, provide medical stabilization, and create a critical window of clarity where treatment becomes possible. However, the support of family and friends after a Marchman Act case concludes is just as important as the legal intervention itself. Ongoing encouragement, accountability, and understanding from loved ones, along with additional resources such as community groups, peer support programs, and recovery networks, can significantly increase an individual’s chances of sustained success. When paired with strong aftercare planning, continued family involvement, and appropriate legal or clinical guidance, the Marchman Act can play a meaningful role in a broader recovery journey, even if it is not a guarantee of permanent sobriety.
Misconception #5: You Don’t Need a Lawyer to File a Marchman Act Petition
Some families assume that filing a Marchman Act petition is a simple, do-it-yourself process. While Florida law does allow individuals to file on their own, the reality is that the Marchman Act involves strict legal standards, detailed documentation, and tight procedural deadlines. Even small errors, such as incomplete forms, insufficient evidence, or missed hearings, can result in delays or a dismissed petition.
An experienced Marchman Act attorney helps ensure the petition is properly prepared and supported with the right information, including medical history, prior treatment attempts, and evidence of risk. Legal guidance is especially important when urgent intervention is needed or when the situation involves resistance, safety concerns, or complex family dynamics. A lawyer can also explain what to expect at each stage of the process and help families avoid common pitfalls.
Beyond filing paperwork, a knowledgeable attorney advocates for the best possible outcome, working to secure appropriate assessment, treatment placement, and court-approved next steps. Having legal support can reduce stress, protect everyone’s rights, and increase the likelihood that the Marchman Act achieves its intended purpose: connecting a loved one with meaningful, timely care.
How Robinson & Casey Can Help Families Navigate the Marchman Act
Navigating the Marchman Act can feel overwhelming, especially when families are already facing the emotional weight of a loved one’s substance use disorder. Robinson & Casey offers experienced, compassionate legal guidance to help families understand the process, avoid common pitfalls, and make informed decisions during a difficult and often time-sensitive situation. From preparing and filing petitions to representing families in court, the firm works to ensure each step is handled with care, clarity, and respect for everyone involved.
Beyond the legal requirements, Robinson & Casey focuses on helping families find a path forward that prioritizes safety, dignity, and access to appropriate treatment. Their approach recognizes that legal intervention is only one part of a larger recovery journey and that thoughtful guidance can make a meaningful difference in outcomes. If you are considering the Marchman Act or unsure where to begin, speaking with an experienced attorney can provide clarity and peace of mind. Robinson & Casey is available to discuss your situation and help you determine the next best step for your family.
Frequently Asked Questions
Who Can File a Marchman Act Petition?
In Florida, a Marchman Act petition may be filed by a spouse, parent, sibling, legal guardian, or another adult with direct knowledge of the individual’s substance useWhile self-filing is allowed, working with an experienced Marchman Act attorney is strongly recommended to ensure the petition is properly prepared and handled.
What Happens After Marchman Act Treatment Ends?
After Marchman Act treatment ends, the individual is no longer under court-ordered care, but recovery does not stop there. Ongoing treatment, aftercare planning, and continued support from family, friends, and community resources play a critical role in maintaining progress. Many individuals benefit from continued counseling, outpatient programs, support groups, or recovery networks to help prevent relapse and build long-term stability.
When Should a Family Consider the Marchman Act?
Families should consider the Marchman Act when a loved one’s substance use has become dangerous and voluntary treatment efforts have been refused or repeatedly unsuccessful. It may be an option when the individual is unable to recognize their need for help, poses a risk to themselves or others, or is experiencing serious health, safety, or behavioral consequences related to addiction. In these situations, the Marchman Act can provide a structured, legal path to assessment and treatment when other options have been exhausted.
