Some Frequently Asked Questions About the Florida Marchman Act

The Florida Marchman Act is a petition that you can invoke in court in order to send a loved one or family member to court-ordered drug rehabilitation. This petition is used in cases where family or friends believe that their loved one is out of control, or a danger to themselves or others. Sometimes this process is used when a loved one repeatedly leaves rehabilitation against medical advice. The Florida Marchman Act is a tool devised by the state of Florida that can be used by families affected by addiction.

How Do You File a Petition Under the Marchman Act?

The first step in taking legal action to help your loved one get court ordered treatment is talking to an experienced attorney. Your attorney will help navigate the process of filing a petition for court ordered drug rehabilitation. This includes writing the specifics of the petition, filing it with the court, and taking the appropriate action necessary for getting the object of the petition necessary treatment. If your petition is granted by the court, your attorney will help make sure that your loved one complies with the court’s orders, and if necessary, file motions reviewing and updating the case.

Why Should I File a Petition?

The Marchman Act is used when your loved is no longer in control of his or her own actions. When ravaged by the disease of addiction, your loved one may exhibit disturbing behaviors, including acts of violence or theft. Sometimes a petition under the Marchman Act is the only step between your loved one and homelessness, or overdose. Filing a petition with an experienced attorney is the best way to make sure that your family can help this person move past addiction.

I’ve Filed a Petition; Now What?

Unless you have filed an ex-parte petition (where one party is not present or not notified of the hearing), you will attend a hearing where your loved one will state why he or she should not be forced into treatment. If you have filed an ex-parte hearing, the court will decide in his or her absence whether or not detox or rehabilitation should be ordered.