When Forced Drug Treatment Is the Only Option Left

If your family member or loved one suffers from addiction, then you know the heartache, pain, and worrying that comes with it. Sometimes the addiction continues to the point that he or she presents self-danger or danger to others. An addict may steal from others, have outbursts of violence or anger, or may experience extreme physical effects from the substance abuse. Thanks to the Marchman Act in the State of Florida, you have the option of appealing to the court for forced drug treatment, or rehabilitation for a severely addicted person.

How Do I Start?

The first step in taking legal action to help your loved one is hiring an experienced, compassionate attorney. With legal help, you can ensure that the court hears your story and case fully, and turns its attention to helping your loved one through detox, rehabilitation, and finally integration back into a normal lifestyle. Hiring an attorney that has experience in the field of forced drug rehabilitation is also very important because these attorneys know how to utilize the system efficiently and advantageously.

What’s an Ex-Parte Petition?

An ex-parte petition is a petition filed in the absence of the addicted person that states that you and your attorney feel this person needs involuntary admission to a detox or treatment facility as soon as possible. If the court grants an ex-parte petition, and determines that forced treatment is appropriate, your loved one will be taken to a detox center as soon as possible. The ex-parte hearing is an important tool when your loved one is in need of immediate care.

How Does My Attorney Help After a Petition Has Been Granted?

Your attorney will work with you until your loved one has finished their course of treatment as directed by the court. Your attorney may help in reviewing and updating the case in court, and if your loved one isn’t responding to treatment at one facility, he or she can help with placement elsewhere. Your attorney will also make sure that your loved one follows all court orders, and can file a new petition with the court if your loved one leaves treatment prematurely.

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.