When a veteran returns home from service, the battle isn’t always over. For many, the trauma of combat, physical injuries, and the weight of reintegration can lead to lasting mental health challenges like PTSD, depression, or anxiety. These conditions are real, treatable, and manageable—but too often, they go unaddressed.
To cope, some veterans turn to alcohol or prescription drugs, sometimes prescribed for pain, sometimes self-administered to escape overwhelming emotions. What begins as a way to survive can quickly spiral into a dangerous cycle of dependency, leaving families heartbroken and unsure of how to help.
If you have a loved one who served—and who is now struggling with addiction—you may feel powerless. But in Florida, there’s a legal tool designed for moments like this: the Marchman Act. This law allows families to petition the court to require assessment and treatment for someone who is unable or unwilling to seek help on their own.
The road to recovery can feel out of reach—especially when a loved one refuses help or can’t recognize the harm they’re causing themselves. But there are ways to intervene with care and purpose. Legal tools like the Marchman Act exist to support families during the most difficult moments, offering a structured path toward treatment and hope when everything else has failed.
When Service Leaves Scars: Trauma, Mental Health, and Addiction
The impact of military service doesn’t always end when a veteran returns home. For many, the experiences they carry—especially from combat—create lasting psychological and emotional wounds. Conditions like post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), depression, and chronic anxiety are widespread among veterans and can shape nearly every aspect of daily life.
In clinical terms, these are called co-occurring disorders—mental health challenges that often exist alongside substance use disorders. A veteran who is trying to manage flashbacks, insomnia, or emotional numbness may start using alcohol or prescription drugs not to get high, but simply to function. Unfortunately, these substances can quickly become crutches, and over time, dependencies form.
Pain medications prescribed for service-related injuries may also lead to unintended addiction, particularly opioids, which affect the same brain pathways tied to emotional pain. Add to that a lack of access to consistent care—or the internalized belief that asking for help is a sign of weakness—and it’s easy to see how a veteran can slip into a dangerous pattern of self-medication.
These patterns rarely stay hidden for long. Family members may notice mood swings, social withdrawal, financial instability, or legal trouble. What’s often misunderstood as “acting out” is sometimes a veteran’s only way of communicating distress.
Understanding this connection between trauma and addiction is essential—not just for healthcare providers, but for families. Recognizing the signs as symptoms of something deeper is what allows loved ones to intervene with empathy rather than judgment—and to consider tools like the Marchman Act when the situation becomes unsafe or unmanageable.
Breaking Through Barriers: How the Marchman Act Helps When Nothing Else Works
Families of veterans struggling with addiction often find themselves trapped in a painful cycle. You try talking, reasoning, setting boundaries, but nothing seems to break through. Each relapse or refusal to seek help feels like watching your loved one disappear a little more.
Why Traditional Help Often Falls Short
Veterans face unique emotional and psychological barriers to accepting treatment, such as:
- Self-reliance and pride – A mindset ingrained during service can make it hard to admit vulnerability.
- Distrust of institutions – Past negative experiences with the VA or healthcare systems can discourage follow-up.
- Mental health struggles – Co-occurring PTSD, depression, or anxiety can cloud judgment or fuel denial.
- Isolation – Veterans may withdraw from loved ones, further distancing themselves from potential help.
These roadblocks make voluntary treatment nearly impossible in some cases, no matter how dire the circumstances.
How the Marchman Act Provides a Legal Lifeline
The Marchman Act exists for situations exactly like this. It allows family members, friends, or medical professionals to petition the court to mandate substance use assessment and treatment—even if the individual refuses to go willingly.
Key benefits of the Marchman Act include:
- Court-ordered assessment to determine the severity of substance use and co-occurring conditions.
- Involuntary admission to treatment, when the court agrees the person is unable to make safe decisions for themselves.
- Civil—not criminal—proceedings, which means no criminal charges are filed and the person’s dignity is preserved.
- Built-in structure and supervision, providing a stable, substance-free environment for recovery to begin.
Why the Marchman Act Matters for Veterans
Veterans struggling with addiction often face steep challenges—but what sets the Marchman Act apart is how it creates a safe, structured way forward when voluntary treatment isn’t possible. Rather than waiting for a crisis to escalate into criminal charges, medical emergencies, or homelessness, the Act gives families the legal standing to step in before it’s too late.
What makes this approach so important for veterans is its balance of firmness and compassion. The Marchman Act doesn’t criminalize addiction—it offers a civil process that respects the individual’s dignity while recognizing the seriousness of their condition. For veterans whose behavior may be driven by untreated trauma or pain, the Act offers a turning point: a court-ordered assessment, entry into care, and a path out of the cycle of self-destruction.
It’s not just about forcing someone into treatment—it’s about creating a legal and emotional lifeline that can interrupt addiction before it costs someone their freedom, family, or life. For many veterans and their loved ones, it’s the only tool left that provides both accountability and hope.
Legal Protections and Considerations
The Marchman Act is a serious legal tool, and with it comes a range of protections to ensure that a person’s rights are respected throughout the process. When someone petitions the court, typically a family member, friend, or healthcare provider, they must present clear evidence that the individual is unable to make rational decisions about their substance use and may pose a danger to themselves or others. The court does not automatically approve treatment. Instead, a judge carefully reviews the case before ordering an initial assessment, which helps determine whether involuntary treatment is truly necessary. If approved, the individual may be admitted to a treatment program for up to 60 days, with potential extensions based on progress and ongoing risk.
Importantly, the Marchman Act remains a civil—not criminal—process, meaning the person receiving treatment does not end up with a criminal record. Throughout the process, they retain key legal rights, including the right to an attorney, confidentiality in medical care, and protection from abuse or neglect. For veterans, the legal process may also intersect with VA care or benefits, so it’s important to work with an attorney who understands how to navigate both civil law and military-related systems. Ultimately, the Act is designed to balance safety, compassion, and individual dignity—giving families a way to act without stripping their loved one of their basic rights.
How Robinson & Casey Can Help
Navigating the Marchman Act process can be complex and emotionally challenging, especially for families of veterans struggling with addiction. At Robinson & Casey, our experienced legal team is dedicated to providing compassionate, clear guidance every step of the way. We assist with filing petitions, gathering necessary documentation, and advocating in court to ensure your loved one receives timely assessment and appropriate treatment. Beyond the legal process, we’re committed to answering your questions and helping you understand your rights and options, so you can make informed decisions with confidence. Whether you’re just starting to explore intervention or have encountered obstacles to voluntary treatment, Robinson & Casey is here to support you with the knowledge and care your family deserves.
FAQs
Will using the Marchman Act affect a veteran’s VA benefits?
No, using the Marchman Act generally does not affect a veteran’s VA benefits. The Marchman Act is a civil law focused on providing intervention and treatment for substance use disorder, and it does not involve criminal charges or penalties that could impact benefits. However, veterans and their families should consult with a knowledgeable attorney or VA representative to understand any specific circumstances related to their benefits and treatment.
Can the Marchman Act help veterans with co-occurring mental health disorders?
Yes, while the Marchman Act specifically addresses substance use disorder, many veterans struggling with addiction also face co-occurring mental health disorders such as PTSD, depression, or anxiety. Treatment programs involved in Marchman Act cases often provide integrated care that addresses both substance use and underlying mental health conditions. This holistic approach is crucial for veterans, as treating co-occurring disorders together improves the chances of lasting recovery and overall well-being.
