Taking legal action to help someone you care about can be one of the most difficult decisions you’ll ever make. If you’ve filed a Marchman Act petition, you’re likely feeling a mix of concern, uncertainty, and hope—hope that this step will lead to meaningful change for your loved one.
As the court date approaches, it’s natural to have questions about what will happen in the courtroom. This post will walk you through the hearing process—from who will be present to what the judge will consider—so you can feel more informed, prepared, and supported every step of the way.
What Is a Marchman Act Court Hearing?
A Marchman Act court hearing is a legal proceeding held after a petition has been filed to request involuntary assessment and potential treatment for someone struggling with substance use disorder. It is part of the process under Florida’s Marchman Act—a civil law designed to help individuals who are unable or unwilling to seek help on their own due to their addiction.
The purpose of the hearing is for a judge to review the evidence and determine whether the person named in the petition meets the legal criteria for court-ordered intervention. These hearings are not criminal in nature; they are meant to protect and support individuals in crisis, not punish them. During the hearing, both the petitioner and the respondent (the person with the substance use disorder) may present their perspectives, and the judge will decide whether involuntary assessment or treatment is appropriate based on the facts presented.
Who Attends the Hearing?
A Marchman Act hearing typically involves a small group of individuals, each playing a specific role in the process. The petitioner, usually a concerned family member, spouse, or legal guardian, is required to attend and may be asked to provide testimony or evidence supporting the need for intervention. In some cases, multiple family members or close friends may also attend to help demonstrate a pattern of concerning behavior.
The respondent, or the person alleged to be struggling with substance use disorder, has the right to attend the hearing and respond to the petition. However, their presence is not guaranteed, especially if they avoid service of the petition or choose not to appear. A judge or magistrate oversees the hearing and will ultimately decide whether the legal criteria for involuntary assessment or treatment have been met. In some cases, the court may also appoint an attorney or guardian ad litem to represent the respondent’s best interests, especially if the individual is deemed unable to advocate for themselves. While legal representation is not required for either party, having an experienced attorney can help ensure the process moves forward smoothly and your concerns are clearly presented.
Before the Hearing: Filing and Notice
The Marchman Act process begins when a concerned individual, often a family member, guardian, or close friend, files a petition with the county court requesting involuntary assessment and treatment for a loved one struggling with substance use. This petition must include specific facts showing that the person is unable to make rational decisions about their care and poses a risk to themselves or others due to their substance use.
Once the petition is filed, the court reviews it to determine whether it meets the legal requirements. If it does, the court will schedule a hearing and issue a notice of hearing. With the help of an attorney, it is possible to avoid having this hearing and having an involuntary assessment order issued on an emergency ex-parte basis (without a hearing). The notice must then be formally served to the respondent, the person named in the petition, so they are aware of the court date and have an opportunity to attend. Proper service is a crucial step; without it, the hearing may be delayed or dismissed. In some cases, law enforcement or a process server may be involved to ensure the respondent receives the notice. During this time, the petitioner may begin preparing evidence or documentation to present to the court in support of their request.
What Happens During the Marchman Act Hearing?
The Marchman Act hearing is your opportunity to present the facts that led you to seek help for your loved one through the court. The hearing typically takes place in a courtroom setting and is overseen by a judge or magistrate. While it’s a formal legal process, the goal is not punishment, it’s intervention and care.
At the hearing, the petitioner may be asked to provide testimony about the respondent’s substance use, behaviors, and any past attempts to encourage voluntary treatment. Supporting evidence—such as text messages, incident reports, or witness statements—can also be introduced. If the respondent is present, they will have a chance to respond to the allegations, offer their perspective, and bring forward their own evidence or witnesses if they choose. The judge may ask questions to clarify the situation and assess whether the legal standard of “clear and convincing evidence” has been met.
Possible Outcomes of the Hearing
At the conclusion of the Marchman Act hearing, the judge or magistrate will decide whether the evidence supports court-ordered intervention. The outcome depends on what was presented during the hearing and whether the legal standard of clear and convincing evidence has been met.
If the judge or magistrate finds the evidence insufficient, the petition may be dismissed, and no further action will be taken by the court. However, if the petition is granted, the judge or magistrate may issue an order for involuntary assessment, typically lasting 72 hours, which can be extended if certain criteria are met. During this period, the respondent is evaluated by medical or addiction professionals to determine the severity of their condition and whether treatment is needed.
Based on the results of that assessment, the court may hold a second hearing to decide whether involuntary treatment should follow. If approved, the judge can order treatment for up to 90 days initially, with the option to extend it if necessary. In some cases, if the respondent fails to comply with the court’s order, additional legal measures, such as a pick-up order, may be issued to enforce compliance. While these decisions are never easy, they are intended to prioritize safety, health, and the chance for recovery.
Tips for Family Members Attending the Marchman Act Hearing
Attending a Marchman Act hearing can be emotional and intimidating, especially when you’re advocating for someone you love. Being prepared, both legally and emotionally, can help you navigate the process with clarity and confidence.
Start by gathering clear, factual evidence to support your petition. This can include written timelines of concerning behavior, medical or police reports, text messages, or witness statements that demonstrate the severity of the substance use and the risks involved. Keep your testimony focused on facts rather than emotion; the judge is looking for objective evidence that your loved one is unable to make rational decisions about their care and is at risk of harm.
It’s also important to be respectful and composed in the courtroom, even if the respondent becomes defensive or upset. Remember, the goal is not to assign blame, it’s to get them help. If possible, consider seeking guidance from an attorney experienced in Marchman Act cases. They can help ensure your petition is thorough, represent you in court, and give you peace of mind during a stressful and often heartbreaking process.
How Robinson & Casey Can Help
At Robinson & Casey, we understand that seeking help through the Marchman Act is never an easy decision. It often comes at a time of deep concern and emotional exhaustion, when you’re trying to do what’s best for someone you love, even if they can’t see it themselves. Our team is here to guide you through every step of the process with compassion, clarity, and legal expertise.
We assist families with preparing and filing Marchman Act petitions, navigating court procedures, and representing them during hearings. With extensive experience in Florida’s civil court system, we know how to build a strong case that meets the legal requirements for intervention. Most importantly, we provide supportive, judgment-free counsel focused on helping you protect your loved one’s safety and well-being. If you’re ready to take the next step, we’re here to help you do it with confidence.
FAQs About Marchman Act Hearings
How long does a Marchman Act hearing take?
Most Marchman Act hearings are relatively brief, usually lasting between 30 minutes to an hour and a half. The exact length depends on the complexity of the case, the amount of evidence presented, and whether both parties are present and choose to speak. While the hearing itself may be short, being well-prepared can make a significant difference in how smoothly the process goes and how effectively your concerns are communicated to the judge.
What happens if my loved one doesn’t show up?
If your loved one does not appear at the hearing but was properly served with notice, the court can still proceed in their absence. The judge or magistrate will review the evidence you provide and may still issue an order for involuntary assessment or treatment if the legal criteria are met. However, if the respondent was not properly served, the hearing may be postponed until service is completed. Ensuring proper service is a critical part of moving the case forward.
