How Does Court Ordered Addiction Treatment Work?

If you have a friend or family member who abuses drugs or alcohol to the point where they may no longer be responsible for themselves, you may have the option of court ordered addiction treatment for them. This is not an option to be taken lightly and doesn’t always work the way people assume. It's good to know something about it before you consider this option.

Extent of Abuse

The extent of abuse is going to be considered before anyone goes through forced drug rehab. Someone that drinks too much or that even uses illegal narcotics is not necessarily a candidate for this program. Their abuse needs to be extensive enough so that it interferes with their ability to make their own decisions. They may be a danger to themselves or to others. Anyone that may be a candidate for forced drug rehab will go through an assessment before the court puts them into rehab, and this assessment will include the extent of their abuse. If you're close to this person, you may want to keep note of incidents that make you believe they may be a danger, such as outbursts, abuse toward children, and physical abuse toward themselves such as cutting, driving drunk or otherwise putting themselves and others in danger.

Their Participation

The Florida Marchman Act also takes into consideration their participation and ability to make rational decisions for themselves. Someone may drink too much but still be able to hold down a job, or they may know better than to drive while drunk. If they can still think rationally and function to a certain extent, this may mean they are not a candidate for court ordered addiction treatment.

No one should assume that this means their friend or family member is not a candidate for rehab under the Florida Marchman Act. It's always good to speak to an attorney that specializes in these cases so he or she can advise you in detail as to how it may apply to your case and what can be done from there.

How Does Involuntary Addiction Assessment Work?

While it would be nice to think that someone dealing with drug or alcohol addiction would seek treatment on their own, it doesn't always happen. Family members can seek forced alcohol rehab or drug addiction treatment for someone, but there are certain limitations to this provision by the law and it's good to understand how it works before it's even considered in a family.

What Addictions Are Addressed

Friends and family of addicts know that illegal narcotics and alcohol are not the only substances to which a person becomes addicted and can become a danger. A person may petition for involuntary addiction assessment for a friend or family member that abuses prescription medication including OxyContin, Xanax, Valium, Vicodin, and other such prescribed medication.

When Addictions Are Addressed

Someone who drinks too much or uses illegal narcotics may not qualify for involuntary addiction assessment simply because of these habits alone. While using narcotics is illegal, the courts do not intervene because of use alone. To qualify, they would need to have lost control over their substance abuse, not be able to make rational decisions regarding their care, have become a danger to themselves or others, and refuse to enter into treatment voluntarily.

How it Works

You would need to speak to an attorney that is knowledgeable about forced drug rehabilitation in order to seek a court order for your friend or family member. They will petition the court on your behalf, but it’s done in confidence—you’ll be able to remain anonymous if you choose. An assessment will be performed, and if the court orders it, the abuser would need to go through forced alcohol rehab or drug treatment in order to avoid sanctions from the court. Once treatment is over they would need to continue long-term treatment and tests.

Choosing forced drug rehabilitation or alcohol treatment for your friend or family member is not pleasant, but in many cases it means saving someone's life. The laws are there to protect people, as well as their families, so it's best to take advantage of them if you know someone with a serious abuse problem.

Some parents unfortunately ignore the signs of substance abuse in teenagers or assume their child would never use drugs. They may also downplay the danger of drugs used by teenagers today, thinking that very dangerous narcotics such as cocaine or methamphetamines would never be available in their neighborhood. This is all very shortsighted thinking and can mean tragic results for the entire family.

Warning Signs

Unfortunately the signs of substance abuse in teenagers aren't always obvious and in some cases, typically teen behavior can mimic that of those who are using narcotics. It's not unusual for teens to pull away from their parents, to be secretive or to rebel, or to go through depressed moods. This is part of adolescence. However, parents should be very aware of the degree to which these may be happening in their teen's life. They should also be aware of extreme changes, acting out, violent tendencies, stealing money, and being secretive about their friends. These are all warning signs that the teen may be hiding something very dangerous from the parents including the use of narcotics.

What to Do

If you feel your child is using drugs, you can have them go through a home drug test. In some cases you can also have them go through a court ordered cocaine abuse treatment if they are using cocaine, and if their behavior warrants such as program. A court ordered addiction rehab program is something decided upon by a judge who weighs the person's behavior, their risk to themselves and other factors, and then makes it mandatory for that person to attend rehab. Remember that you cannot decide that your child will go through a court ordered addiction rehab program on your own. You can however contact a lawyer that specializes in substance abuse in friends and family members and speak to them about a court ordered cocaine abuse treatment or other treatment for your child. He or she can advise you on your legal rights and responsibilities as a parent so you can ensure your child gets all the help he or she needs.

Forced Drug Rehab in Orange County Florida

Substance abuse is a medical problem, and it is nothing to be ashamed of.  Some of the smartest and most successful people in history have had issues with drugs and alcohol. Recovery is seldom easy, but it always begins the same way—the addict must admit that he has a problem, he has a disease. And just like a person with hypertension or cancer, he must seek medical attention.

Unfortunately, this isn’t always the way things go down. Many addicts refuse to admit to themselves or to others that they are, in fact, addicts.  It is for this reason that legislators in Florida created the Marchman Act.

What is it?

There is no sure-fire way to convince an addict to get help. Interventions often prove unreliable, and if the substance abuser has not broken the law, there are few things his friends and family members can do…except wait. Wait until he operates a vehicle under the influence and puts his own life and the lives of others at risk.  The Marchman Act can be used to force an addict into a rehab program, where he can get the help he so desperately needs.

How does it work?

It might sound new, but the truth is that more than a dozen U.S. states have laws on the books dealing with involuntary commitment for known addicts.  Furthermore, some experts believe it is the only sure-fire way to help families get their loved ones the treatment they need before it’s too late.

Who can use it?

The Florida Marchman Act can be utilized by a spouse, a blood relative, or by three unrelated people who can attest to the patient’s problem with drug and/or alcohol. Forced drug rehab is often necessary when an addict refuses to admit he needs help.  If the court finds that the person does indeed have a problem and that he is unwilling to seek help, it may order forced drug rehab.

Few addicts have the temerity to stand up in front of a judge and argue against their loved ones that they do not have a problem, which is why filing a request for forced drug rehab under the Florida Marchman Act is often enough. The person typically comes to his senses and agrees to enter a rehabilitation program in short order.

Orange County Marchman Act

As one of the top family law firms in Florida, Addiction Recovery Legal Services (ARLS) helps clients deal with family members who desperately need help with their addictions. They have used the Marchman Act to compel drug abuses and alcoholics to get the treatment they so desperately need, whether they want to or not.