Employ the Marchman Act When Needed

To see someone you love suffering with an addiction can be one of the most tragic things to endure. You can try to reason with them or schedule an intervention, but sometimes when they are so consumed by their addiction, there is simply no way for them to see that things can change. Luckily, if you want to help, the Marchman Act is available in certain circumstances. This program can change or even save the life of an addict.

What is the Marchman Act?

The Florida Marchman Act is a mechanism that makes way for someone who is suffering from an addiction to be legally forced to participate in rehab.  This rehab is monitored by the court and usually includes long term treatment care. It gives loved ones a way to get the addicted person the help they need, whether they want it or not.

Who Can Enforce the Marchman Act?

If you are the addicts’s spouse or relative you can file to have the Marchman Act put into effect for your loved one.   In addition, if there are three adults that have personal knowledge of the substance abuse, they can come together and file. In the case of a minor, it’s necessary that the minor’s parents or legal guardians is the one to file.

Do You Need Proof?

If you want to force someone into rehab, you must be able to show the courts that the person has lost self-control in relation to their substance abuse. You need to prove that they cannot control their urges and are a danger to themselves and others.  It should be stressed that while it’s important for them to get help, they are unwilling to do so voluntarily. You must demonstrate that they cannot currently make any rational decisions regarding getting treatment for their addictions.

Overcoming an addiction is hard, but it can be done with the right treatment and support.  By employing the Florida Marchman Act, you can make it easier for someone you love to change their life, become a better person and get rid of the addiction that could potentially harm them or others. They may initially be upset or angry with you but they will in time realize you have helped them reclaim their life.

Court Ordered Addiction Rehab Can Change Your Life

Unfortunately, some people become addicted to drugs and alcohol and aren’t able to see the drastic effect these substances have on their life—and the lives of those people around them. Alcohol and drugs can negatively affect the relationships with their family, friends and significant others. It can also ruin their work relationships as well as land them in trouble with the law. When someone’s life is out of control due to addition, they find themselves involved in court ordered addiction rehab.  In many cases, this type of treatment may be the best thing that  happens to addict, because it can allow them get a fresh start and finally overcome their addiction. There are two main types of treatments used, one is administered in a facility and the other is outpatient care.

The 12 Step Program

This program consists of 12 steps that need to be taken by an addict before they are considered to be sufficiently helped to begin their life as a new, non-addicted person. After an addict has completed the program, they are given the tools to continue to attend meetings and work to keep their addiction at bay. This program may work for those addicts who are dealing with involuntary alcohol addiction treatment because they are forced to participate in meetings and talk to others about why they drink and how they can find other outlets instead of alcohol. If used correctly, this type of treatment can be very successful.

Inpatient Care

Another option for care is inpatient treatment. The addict who has been ordered to court ordered addiction rehab will go to a rehab facility for approximately thirty days. It may end up being longer, depending on how severe their case is and how they are after those thirty days. These thirty days revolve around showing the addicted person how they can change their life to not include alcohol or drugs and how to practice abstinence. At times, if necessary, medicine may be administered to help control urges or to detox their bodies.

No matter what type of treatment you choose, making sure to attend your involuntary alcohol addiction treatment and participate fully is imperative to your recovery. Being forced to deal with your problem can be the best thing that’s ever happened to you.

Do You Need Marchman Act Help?

The Marchman Act provides tools for families and friends dealing with a loved one who has substance abuse issues. Under the provisions of the act, friends or family members can take concrete steps to protect an individual who is incapable of making care decisions due to his or her use of alcohol or drugs. The Marchman Act allows concerned individuals to petition the court for an order to compel the individual to enter into court-ordered assessment and treatment of his or her substance abuse issues.

What You Need to Know About the Marchman Act

If you have a family member, friend or loved one who has lost control of his life because of his addiction to drugs or alcohol, you may be able to use the provisions of the Marchman Act to compel him to seek and adhere to treatment. The Marchman Act empowers a judge to impose court-ordered addiction rehab and treatment services under the threat of serious penalties if the individual ordered to attend assessment and rehab services fails to comply with the court order.

Who Can File a Marchman Act Petition?

If the person with the substance abuse problem is a child, the petition for services may be filed by a parent, a legal guardian or a licensed service provider. If the individual is an adult, the following people can petition for court-ordered addiction rehab services: a spouse, a guardian, any relative, a private practitioner, a director of a licensed service provider or designee or any three adults with personal knowledge of the individual’s substance abuse.

What Do I Need for a Marchman Act Petition?

You’ll have to appear in person at the clerk’s office to file an affidavit and petition for assessment and treatment, and will have to present information about the person’s behavior, identification and location. If you need help assembling the information you need and writing an affidavit, there are a number of lawyers and organizations that can provide assistance.

The Marchman Act provides the tool many families need to get help for a family member or loved one who has become a danger to himself and/or the community. You don’t have to stand by helplessly and watch. There are people out there who can help you get the help you need.

Is Court-Ordered Alcohol Addiction Assessment the Right Move?

There are few things more difficult in life than watching a loved one destroy him or herself through alcohol and drug addiction. If you live in Florida, there is something you can do. The Marchman Act provides the means for a family member to compel a substance abuser to get a court-orderedalcohol addiction assessment, the first step on the road to recovery. Is legal intervention the right next move for your loved one? This information about the Florida Marchman Act can help you make a decision.

The Florida Marchman Act

The Marchman Act allows friends or family members of a substance abuser to petition to court to obtain a court-ordered assessment, stabilization and long term treatment for substance abuse. It can help those who have no self-control over their substance abuse, who cannot make rational decisions about their own care and who have because a danger to themselves and others. The Marchman Act provides a tool for parents, brothers, sisters and other family members who can’t stand by and watch loved ones destroy their lives and the lives of those around them. It is the tool of last resort to help those who refuse to voluntarily enter into treatment for substance abuse.

Help with Marchman Act Court Ordered Alcohol Addiction Assessment

Making the decision to seek a court-ordered alcohol/addiction assessment is not an easy thing to do. There is paperwork to file, evidence that must be presented and follow up services to oversee. In Palm Beach County, Marchman Act attorneys can help you make a Marchman Act application and ensure that everything from the initial assessment to final disposition is carried out in full compliance with the law. The right attorneys can help you with every aspect of the Marchman Act compliance, as well as assist your family with finding appropriate and affordable treatment options.

Don’t sit by and watch your loved one slide further down the slope to self-destruction. Contact a Palm Beach County Marchman Act attorney to help you access the tools provided by law. A court-ordered alcohol addiction assessment and treatment for alcoholism and drug addiction can be the first step on the road to recovery.

How Dade County Marchman Act Filings Proceed

If you're considering initiating a Dade County Marchman Act proceeding, you are not required to have an attorney, but it is better if you do. The respondent - the person you are trying to help - has the right to an attorney, and may be assigned a court-appointed attorney if he or she cannot afford one. Additionally, an attorney can legally expedite hearings, which can be critical when the respondent is in imminent danger or is an immediate danger to others.

Assessment and Treatment Recommendation

The first step of the Marchman Act process is the filing of a request for the respondent to be evaluated and sent for stabilization and detox. The court reviews the petition and will issue a court order if assessment and stabilization is deemed necessary. The respondent will either be ordered to report immediately to a pre-determined facility for stabilization and assessment or will be delivered there by law enforcement.

If Treatment is Court Ordered

After assessment and stabilization, the provider of the stabilization treatment will make a recommendation to the court. If treatment is deemed necessary, it is generally intensive outpatient treatment or residential drug abuse treatment. The court will decide whether or not to order the respondent to comply with the recommendation. If so, treatment will be ordered for at least 60 days.

If the Respondent Leaves Treatment Prematurely

When the respondent is non-compliant, either by leaving inpatient treatment or failing to report to outpatient treatment, a Rule to Show Cause can be filed with the court. The judge will hold a hearing, and if the Rule to Show Cause is proven, the judge will generally give the respondent one more opportunity to comply. If the respondent fails to comply, he or she can be found in civil contempt and may be incarcerated until they are ready to resume treatment.

Court Ordered Alcohol Abuse Assessment Can Save Lives

It is not easy to go through the process of sending a loved one to court ordered alcohol abuse assessment, but the legal process is designed to protect everyone's rights, and in some cases, this option is the only way to get a person into treatment.

 

Get Help With the Marchman Act

Everyone goes through a rough time in their life and sometimes they do not know when they need help. If your friend or family member is dealing with substance abuse they could be in grave danger. It is your responsibility to try and help them, which is why there is a Florida Marchman Act put in place.

What is the Marchman Act?

The Marchman Act is when a court temporarily holds an individual so they can be evaluated for substance abuse and subsequent treatment. They can also be treated to emergency services if they need it. The Broward County Marchman Act can either be on a voluntary or involuntary basis.

Voluntary vs. Involuntary Florida Marchman Act Admissions

Sometimes a person knows when they have hit rock bottom and need help. That is when they seek help and wish to enter treatment for their substance abuse, whether it is for drugs or alcohol. Involuntary is when friends or family witness a loved one harming themselves or planning to harm themselves because of the effect drugs or alcohol has had on them. The family needs to step in when that person cannot take care of themselves.

Who Can File an Involuntary Broward County Marchman Act?

• Any relative of the suspected substance abuser
• Law enforcement officer
• A private practitioner
• Three responsible adults who have private, reliable information about the person’s substance abuse
• In the case of a minor it can be the minor's parent, legal guardian, legal custodian or licensed service provider.

How Long Can Someone Be Held?

A person who is held for involuntary assessment and detention can be kept in custody for up to five days. If you are in voluntarily there is not limit because it is your choice to enter, so you can leave when you want.

If you suspect a friend or family member of being a substance abuser or a danger to others or themselves, it is your duty to get them help. Take advantage of the Florida Marchman Act. It is in place to help people get past these troubling problems and heal.

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.