What Happens If the Person Refuses Treatment Under the Marchman Act?

When someone is struggling with a substance use disorder, they may not view court-ordered intervention as helpful, at least not at first. The Marchman Act, created to protect individuals whose substance use has put their health and safety at risk, can feel intrusive or threatening to the person at the center of the petition. It’s common for individuals to resist or refuse treatment, even when ordered by the court. For families, this can be a heartbreaking and confusing experience. Understanding how the legal process works when someone refuses treatment is essential. The Marchman Act outlines specific steps, consequences, and protections that allow families and the court system to continue advocating for care, even in the face of resistance. With the right information, families can feel more confident navigating this complex and emotional situation.

Can Someone Legally Refuse Treatment?

Under the Marchman Act, an individual may initially have the opportunity to seek treatment voluntarily. However, if the court determines that the person is unable to make rational decisions about their care due to a substance use disorder, and that they are a danger to themselves or others, it can mandate an involuntary assessment and, if necessary, treatment. Once a judge issues an order, the person is legally required to comply. Refusing court-ordered treatment is not permitted and may result in consequences such as being held in contempt of court or placed in a secure treatment facility. While the Marchman Act prioritizes care over punishment, it also recognizes that effective intervention sometimes requires firm legal measures when someone is unable or unwilling to accept help on their own.

Consequences of Refusing Court-Ordered Treatment

When a court issues an order for treatment under the Marchman Act, compliance is not optional. If the individual refuses to attend the assessment or treatment program, the court has several legal tools to enforce its order. One of the most immediate consequences is a finding of contempt of court, which can result in the person being taken into custody by law enforcement and transported to a designated facility. In many cases, the sheriff’s office is authorized to serve and execute the court’s order, ensuring the individual is placed in a secure environment where they can no longer avoid treatment.

Involuntary treatment settings may include licensed residential facilities or locked detox units, depending on the severity of the case and the availability of services. These facilities are equipped to handle resistance and may impose restrictions on movement and communication to ensure safety and treatment compliance.

Continued noncompliance, such as walking out of a treatment center or failing to return after a temporary release, can trigger additional court action. Judges may extend the treatment period or impose further legal penalties. Although the Marchman Act is a civil, not criminal, process, individuals who repeatedly defy court orders may find themselves facing increased legal supervision, including longer stays or stricter conditions.

While these consequences may seem harsh, they are designed to protect individuals whose substance use disorder has impaired their ability to make safe decisions. The goal is not punishment, but to break through the cycle of self-harm and give the person a real opportunity to stabilize and recover.

Common Reasons People Resist Treatment

Resistance to treatment is often misunderstood as stubbornness or defiance, but it’s usually much more complex. Individuals with a substance use disorder may be facing a range of psychological, emotional, and physical barriers that make accepting help feel overwhelming or even threatening. Recognizing these reasons can help families respond with empathy and better understand the road ahead.

Common reasons people resist treatment include:

• Denial of the problem – Many individuals don’t believe their substance use is out of control or harmful, even when it’s clearly affecting their health and relationships.
• Fear of withdrawal – The physical and emotional symptoms of withdrawal can be intense, leading some to avoid treatment out of fear of the process.
• Distrust of institutions – Past negative experiences with healthcare, legal systems, or authority figures can make individuals wary of treatment centers or court involvement.
• Shame or guilt – Deep feelings of embarrassment or regret can cause people to isolate or reject help rather than confront their struggles.
• Loss of control – Being ordered into treatment can feel like a loss of independence, which may trigger resistance, especially in individuals who value self-reliance.
• Mental health issues – Co-occurring conditions like depression, anxiety, or paranoia can distort perception and increase resistance to support.
• Fear of stigma – Worries about being labeled or judged for needing help may discourage people from engaging in treatment.
• Negative peer influence – If someone is surrounded by others who normalize or enable substance use, they may see treatment as a betrayal of that social circle.

Understanding these underlying factors is key to approaching the situation with compassion while still upholding the boundaries and structure necessary for recovery.

What Families Can Do If Their Loved One Refuses Treatment

When a loved one refuses treatment under the Marchman Act, it can leave families feeling powerless, but there are still important steps they can take to protect their loved one and stay involved in the process. The legal system provides options for enforcing compliance, and families play a crucial role in supporting both the person in crisis and the court’s efforts to intervene.

Here are several steps families can take:

• Work with the court – If the person refuses to appear or follow a court-ordered treatment plan, families can notify the court of the noncompliance. The judge may issue an order for law enforcement to take the individual into custody and transport them to treatment.
• Maintain documentation – Keeping detailed records of the individual’s behavior, threats, missed appointments, or any incidents of harm can help demonstrate ongoing need for intervention and strengthen future petitions if necessary.
• Stay in communication with treatment providers – Once the individual enters treatment, staying in touch with professionals (when permitted) allows families to stay informed and involved in care decisions.
• Seek legal guidance – An attorney experienced in the Marchman Act can help navigate the legal complexities and ensure that the family’s rights, and the individual’s rights, are protected.
• Continue offering support, not ultimatums – While it’s important to enforce boundaries, expressing compassion and a willingness to support recovery can go a long way in encouraging future cooperation.
• Take care of yourself – Dealing with a loved one’s substance use disorder is emotionally exhausting. Families should consider seeking support through counseling, family support groups, or educational resources.

Refusing treatment doesn’t mean help is no longer possible. The Marchman Act was designed to address exactly these difficult situations, and with persistence and support, families can still be part of the path toward recovery.

Long-Term Considerations

While the Marchman Act can be a powerful tool for initiating treatment, recovery from a substance use disorder is rarely a one-time event. Court-ordered treatment may spark a turning point for some individuals, especially once they begin to stabilize and gain clarity. Over time, many come to see treatment as a positive step, even if they initially felt resentful or resistant. They may develop a deeper understanding of their condition and begin to engage more willingly in ongoing recovery efforts. However, this is not always the case. Some individuals continue to resent the process, viewing the court’s involvement and mandatory treatment as a violation of their autonomy. This can make long-term recovery more challenging, particularly if they are unwilling to participate in aftercare or ongoing support.

For families, it’s important to manage expectations and remain committed to the long view. Recovery is often non-linear, and setbacks are common. After the court-ordered treatment period ends, continued support, through outpatient programs, peer support groups, sober housing, or additional therapy, can make a significant difference. In cases where a loved one relapses or continues to endanger themselves, the Marchman Act can be filed again to re-initiate the process. Staying connected to legal resources, treatment professionals, and family support services can empower families to take action when necessary while maintaining a foundation of compassion and hope.

How Robinson and Casey Can Help

Navigating the Marchman Act process can be overwhelming, especially when a loved one refuses treatment or continues to struggle after intervention. At Robinson & Casey, we understand how emotionally complex and legally challenging these situations can be. Our experienced attorneys are here to guide families through every step of the process, from filing a petition to enforcing court orders and exploring options for long-term care. We work closely with families to ensure petitions are thorough, timely, and tailored to the specific circumstances, and we’re prepared to advocate for your loved one’s safety when their ability to make decisions is impaired by substance use. Whether you’re pursuing a first-time filing or responding to noncompliance with an existing order, our team offers compassionate support and strategic legal expertise to help you take meaningful action. You don’t have to face this alone, Robinson & Casey is here to help you protect the people you care about.

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