Frequently Asked Questions About the Florida Marchman Act

For families dealing with substance abuse issues, one of the most difficult problems is getting the addict to seek help voluntarily. Interventions can sometimes be helpful, but in many cases, the addict has no motivation to stop his or her harmful behavior. The Florida Marchman Act provides an avenue to substance abuse treatment through court-ordered drug rehabilitation for those who will not seek drug rehabilitation and substance abuse services on their own. These are some of the most frequently asked questions about the Florida Marchman Act to help families decide whether it’s an avenue they want to pursue.

What is the Marchman Act?

Technically speaking, the Florida Marchman Act is a civil confidential involuntary commitment state. In layman’s language, it’s a law that helps families get drug-addicted loved ones into detox, intervention, stabilization or long term substance abuse treatment when they won’t seek help voluntarily.

Do I Have to Be a Family Member to Use the Marchman Act?

No. The law can be invoked by a spouse, blood relative or by any three people who have direct knowledge of the person’s substance abuse. Many addicts have left family behind or have no family connections at all. The law provides a way for concerned friends, co-workers and others with knowledge of the addict’s substance abuse to get involved and get help for him.

What is the Process Like to Use the Florida Marchman Act to Get Court Ordered Drug Rehabilitation?

First, you have to be able to demonstrate that the person has no self-control with respect to the substance abuse and that he or she is likely to inflict damage to himself or to others without treatment. You must also show that the addict is unable to make a rational decision regarding substance abuse treatment and care. Finally, you must show that the addict is unwilling to enter into substance abuse treatment voluntarily.

You start the process by filling out and filing paperwork requesting a hearing under the Marchman Act. The clerk will set a hearing before the court after the Petition for Involuntary Assessment and Stabilization is filed. If the judge agrees, the person will be held for up to five days in order to medically stabilize their condition and assess their situation. At the end of that period, the treatment center will make a recommendation to the court.

After that, you must file a Petition for Treatment with the court and get a second hearing to review the recommendation and assessment. At that hearing, the judge can order a 60-day treatment with a potential 90-day extension. If the addict refuses to comply with the court ordered drug rehabilitation, he can be charged with violating a civil order and incarcerated.

For more information on whether the Florida Marchman Act is the right course of action in your situation, contact a Florida attorney who specializes in dealing with cases involving substance abuse.

Court Ordered Treatment Can Help Addicts Recover

Addiction is a horrible disease, often made more horrible by the fact that families feel that they can do nothing for their loved ones when they are facing this disease. Yes, they are sick, but because technically it’s something that they are doing to themselves, they can’t be forced into a hospital or a center in order to get better. It’s frustrating to have to sit back and realize that your loved one has to gain the strength to do it on his or her own, and that it may never happen.

Court Ordered Treatment

In Florida though, fortunately families have the Marchman Act to help them. This is a way for family members to help people that refuse to see their addiction and who have lost all self-control over it, as well as those who are a danger to themselves or to others. The Marchman Act is a way to get your loved one into a court ordered addiction rehabilitation program.

Addicts Must Stay Sober

The great thing about this law is that it sometimes requires addicts to get help. Once an addict is told that they have to participate in a court ordered addiction rehabilitation program, they cannot refuse the help. And they must stay sober and clean, or the court will punish the individual. It is important that the addict stays in rehab and stays sober, and if so he or she will not be in trouble from the court.

Emergency Orders Can Be Given

Sometimes a hearing isn’t even necessary to get an addict to rehab. If the addict is showing behavior that will result in danger to themselves or others, family members can call and have an emergency order to get the person to a rehab facility.

Call For Help With Addiction

Addiction is a very difficult disease that is hard to overcome, and that can tear apart families. Now though, family members of people fighting addiction have some tools on their side to help force their loved one into treatment in order to save their life. If you have a family member that needs help, don’t hesitate to call an attorney who understands the system.

What to Do When an Addict Won’t Go Into Treatment

When you have a family member or a friend who has an addiction problem, it can be one of the hardest things to deal with. For many addicts, denial is a huge issue. They don’t want to accept the fact that they have a problem so they won’t, or can’t, quit and they keep self-destructing.

The Marchman Act Gives Family Members More Options

Many family members of addicts feel that they simply don’t have options. But thanks to the Florida Marchman Act, family members of addicts in Florida can do something. Family members and friends can confidentially petition the court to intervene on behalf of their loved one who is struggling with addiction. With court ordered addiction treatment, addicts can get the help that they need even if they don’t necessarily understand that they need the help.

Court Ordered Treatment

In certain instances, addicts can receive court ordered alcohol abuse intervention when family members contact the courts to receive help. When someone loses control over their substance abuse and can’t make rational decisions about their care or when they are a danger to themselves and others and refuse to enter a voluntary treatment center, the courts may decide to intervene. With the Marchman Act, families contact the court via an experienced attorney and ask the court to give the addict court ordered addiction treatment to help them with their problem. The addict always has a choice in the matter, but they won’t be allowed to continue acting out their addiction. The goal of the program is to promote sobriety with court ordered alcohol abuse intervention.

Get Addicts the Help That They Need

The point of the Marchman Act is to get addicts the help that they need, even if they don’t believe that they need it. It saves people from being a danger to themselves and others, and it provides a way for family members and friends of addicts to help their loved ones in a time when they can’t take care of themselves.

Top 3 Reasons to Consider Court Ordered Drug Rehab

No one wants to think about sending a loved one into forced rehab, but sometimes it’s just necessary. But the law is very cautious about this arrangement and requires that there has to be a good reason to consider forced rehab. In other words, it's not something that's ordered lightly. But there are some good reasons to consider court ordered drug rehab for someone struggling with addiction. Here are three.

They Are a Danger to Themselves

It's easy to think that everyone who uses narcotics or abusing alcohol is a danger to themselves, but in order for the courts to intervene, it must be evident. For example, if an addict is homeless, injures themselves, or drinks and drives regularly, the courts may consider them a threat to themselves or others. In these types of situations, the courts may intervene.

They Are a Danger to Others

The Florida Marchman Act, which dictates when someone has to go to rehab as ordered by the courts, deals with those addicts that are a danger to others. Drinking and driving is one such problem, as is becoming violent to others or their children. These types of behaviors are signs that rehab is in order, and for the protection of others, the courts may order just that.

As an Alternative to Prison Time

In some cases the Florida Marchman Act may allow an addict to choose rehab over prison time if their criminal acts can be tied to their addiction. It will be up to the courts to decide, although an attorney may request this choice in some cases. The person who has been ordered to rehab will have certain requirements laid out for them and will face punishment from the court if they miss rehab, fail drug tests, or don’t meet the other stated requirements.

If you're interested in court ordered drug rehab for someone you know, you should speak to an attorney to find out if it would be applicable in your case. They can explain your options and advise you whether or not a petition would be advisable.

How Does Court Ordered Cocaine Abuse Treatment Work?

If you have a friend or family member that has a narcotic problem, you may wonder how court ordered cocaine abuse treatment works. It would be nice to think that a court can put this person in rehab and force them through treatment, and in some cases that may be true, but it doesn't always work that way. A person needs to be the right candidate for such an order before it is made by the court, and there are many factors the courts take into consideration. Before you assume that this is the best choice for your family member, consider the following.

Requirements for Consideration

Using cocaine doesn't actually qualify a person for court-ordered treatment. While cocaine use is illegal, a person caught using it or that has used it in the past isn't going to automatically be put in treatment. The person must be to the point where they are no longer able to make decisions for themselves or are a danger to themselves and to others. This is one of the first requirements for court ordered cocaine abuse treatment.

Assessment

Whenever a case arises regarding a court ordered rehab, the person will need to be put through an assessment by a neutral third party. This assessment will take into consideration the level of their addiction, as well as their ability to care for themselves. Recreational drug users are not automatically going to be candidates for court ordered addiction treatment, and this assessment will determine the extent of their abuse and their mental state overall.

This means that someone who has used cocaine or other narcotics for recreational purposes or who occasionally smokes marijuana is not necessarily going to be sent to rehab by the courts. However, if they do have a serious problem and have become dangerous, there is help available. The courts can force them into rehab and monitor their progress while there. If you feel your family member has a serious problem with drug addiction, you would do well to speak to an attorney about court ordered addiction treatment.

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.