Understanding the Court’s Role in a Marchman Act Petition
Filing a Marchman Act petition is a significant step in ensuring that a loved one struggling with substance use disorder gets the help they need. But what happens next? Once the petition is submitted, the legal process begins, and many families are left wondering what to expect in the days and weeks ahead. From court hearings to assessment periods and potential treatment orders, each stage plays a critical role in determining the best course of action for your loved one.
Understanding what follows after filing a Marchman Act petition can help you prepare for court proceedings, anticipate possible outcomes, and support your loved one throughout the process. Knowing what to expect can make the experience less overwhelming and help ensure the best possible outcome for your loved one’s recovery.
Marchman Act Petition Review
After a Marchman Act petition is submitted, the court reviews the details to determine whether the individual meets the legal criteria for involuntary assessment and stabilization. The judge will assess whether there is sufficient evidence to suggest that the person is impaired by substance abuse and meets the following criteria:
- They have lost the ability to control their substance use.
- They have inflicted, attempted, or threatened to inflict physical harm on themselves or others, or are likely to do so without intervention.
- Their substance abuse has severely impaired their judgment to the extent that they cannot recognize their need for treatment or make rational decisions regarding their care. However, simply refusing treatment does not automatically indicate impaired judgment.
Court Hearing and Decision on Assessment
Once the Marchman Act petition is accepted, the court will schedule a hearing within 10 working days to review the case and determine whether involuntary treatment is necessary. The individual subject to the petition will receive a summons to appear in court, and both the attorney representing the individual and the person who filed the petition are typically required to attend. At the hearing, the court will assess whether the criteria for involuntary treatment are met. If the court determines that the criteria have not been met, the individual will be released. If the individual does meet the necessary conditions for treatment, the court will issue an order for involuntary treatment for a period of up to 90 days, which can be renewed with clinical support at the end of the involuntary treatment period.
Substance Use Disorder Treatment
Once the involuntary treatment Order is entered, medical professionals will evaluate their condition to determine the appropriate course of action. Substance abuse treatment typically involves a combination of approaches tailored to the individual’s needs. These may include detoxification, therapy, and medication-assisted treatment (MAT), each addressing different aspects of recovery.
- Detoxification: This is the initial step to help the individual safely withdraw from substances under medical supervision. Detoxification manages withdrawal symptoms and stabilizes the individual’s physical condition.
- Therapy: Counseling and therapy are essential for addressing the psychological aspects of addiction. Therapy may include individual therapy, group therapy, or a combination of both, all aimed at helping the individual identify triggers, develop coping mechanisms, and work through the emotional challenges of recovery.
- Medication-Assisted Treatment (MAT): MAT involves the use of prescribed medications to help manage cravings and withdrawal symptoms while the individual works through their recovery. MAT is commonly used for opioid and alcohol dependencies and is often combined with therapy to improve long-term outcomes.
These treatment methods work in tandem to deliver comprehensive care and support as the individual moves forward in their recovery.
What Happens if the Individual Refuses Treatment?
If the individual refuses to comply with a Marchman Act court order for assessment or treatment, the court has the authority to enforce the decision. Law enforcement may be involved to ensure the person submits to an involuntary assessment or is transported to a treatment facility. If the individual continues to refuse treatment, they may face legal consequences, including being held in contempt of court. While Marchman Act cases are not criminal proceedings, contempt of court can result in additional penalties, such as being held in a detention facility until compliance is achieved.
In some cases, the court may modify the treatment order, extending the treatment period or placing the individual in a more restrictive facility if necessary. The Marchman Act is designed to offer individuals a chance at recovery, and if they refuse treatment, the court can take steps to ensure that they receive the help they need, even if it means more direct intervention.
The Role of Family and Support Systems
Recovery from substance use disorder isn’t just about seeking treatment—it requires ongoing encouragement and stability, often provided by family and close friends. Many individuals struggling with addiction may have wanted to get help but felt lost in the process, unsure of how to access resources or where to begin. This is where a strong support system becomes invaluable. Family members can provide reassurance, advocate for their loved one’s needs, and help them navigate the challenges that come with seeking treatment.
Beyond emotional support, loved ones play a crucial role in creating an environment that promotes healing and long-term sobriety. This might include setting healthy boundaries, holding them accountable, and fostering open, judgment-free communication. Small actions, such as attending therapy sessions together or assisting with treatment planning, can make a significant difference. A strong, compassionate support system not only helps a person through immediate treatment but also reinforces their ability to sustain recovery in the long run.
Substance Use Disorder Recovery and Next Steps
Treatment is just one part of the recovery journey, maintaining sobriety requires an ongoing commitment and a well-structured plan for the future. After completing an initial treatment program, individuals can benefit from ongoing therapy, support groups such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), and aftercare programs. Developing healthy coping mechanisms and establishing a reliable routine can help prevent relapse and encourage long-term success.
For loved ones, understanding the long-term recovery process is just as important as their involvement before and during treatment. Encouraging their loved one to stay engaged with counseling, offering support during difficult times, and helping them reintegrate into daily life can make a lasting impact. Additionally, connecting with professional resources—such as addiction specialists, case managers, and sober living programs—can provide further guidance. Recovery is a lifelong process, but with a strong plan and continued support, individuals have a much greater chance of maintaining sobriety and building a healthier future.
Importance of Hiring an Attorney
While filing a Marchman Act petition on your own is possible, seeking the guidance of an experienced attorney is highly recommended. The legal process can be complex, and having a knowledgeable advocate increases the likelihood of a successful outcome. An attorney who specializes in Marchman Act cases understands the specific legal requirements, necessary documentation, and court procedures, ensuring that your petition is properly filed and supported with the strongest possible evidence. Their expertise can prevent unnecessary delays or denials due to procedural errors, helping you navigate the system more efficiently.
Beyond the legal aspects, hiring an attorney can provide much-needed emotional relief during what is often a stressful and overwhelming time. When a loved one’s health and safety are at risk due to substance abuse, the process of seeking help can feel daunting. A specialized Marchman Act attorney not only manages the legal complexities but also acts as a strategic guide, offering support and advocacy to ensure the best possible outcome. By entrusting an expert with the legal proceedings, families can focus on what truly matters—getting their loved one the treatment they need.
Your Florida Marchman Act Attorneys
Filing a Marchman Act petition can be overwhelming, but you don’t have to do it alone. At Robinson & Casey, our experienced attorneys specialize in Marchman Act cases and are ready to guide you through the process with confidence. We handle the legal complexities so you can focus on getting your loved one the help they need.
Contact us today for a consultation and take the first step toward securing the right support and treatment for your loved one.
