Forced Drug Rehabilitation Takes on Family Destruction Due to Addiction

Drug addiction can ruin families. In many cases addiction is diagnosed along with underlying emotional illnesses such as depression or bipolar disorder. Untreated addiction can lead to divorce, placement of children in state custody, job loss, run-ins with the law, and death in some cases. The Florida Marchman Act provides for court ordered drug treatment when individuals refuse to seek help themselves and are a threat to themselves or others.

When Families Don't Exist or Are Estranged

Sometimes people with severe addictions have no family, or are estranged from family. The Marchman Act has provisions for non-family members to legally compel a loved one into treatment. At Addiction Recovery Legal Services, we know the steps involved for friends who know their loved one requires drug rehabilitation treatment. Court ordered treatment can mean the difference between life and death for some addicts.

Is the Florida Marchman Act the Best Next Step?

Has your family member or loved one refused treatment or left treatment early? Has he or she lost the ability to make rational decisions concerning drug use? Is he or she in danger of self-harm or of harming others? If so, court ordered addiction treatment under the Marchman Act may be the only logical next step.

Why Working With an Attorney Is Preferable

You do not have to retain a lawyer to request a hearing under the Marchman Act, but in most cases you are better off if you do. The addict at the center of the situation is appointed counsel whose job it is to fight forced drug treatment, and without an attorney on your side, your efforts could fail. Additionally, the process can be complex, and one misstep could derail your efforts.

Forced Drug Rehabilitation Could Save Your Loved One's Life

Addiction Recovery Legal Services has extensive experience in Marchman Act cases and can guide you at every step of this stressful process. If you are out of answers and are watching a loved one destroy his or her own life and those of others, court ordered drug treatment may be the only way for that person to get the help they need.

Court Ordered Drug Rehabilitation Is an Option in Florida

According to the National Institute on Drug Abuse, the annual overall cost of drug abuse in the United States is around $600 billion. This includes costs for lost productivity, crime, and health issues. At Addiction Recovery Legal Services our goal is to get addicts into treatment so they can regain their health and productivity. In some cases forced drug treatment is the only option.

When Rehabilitation is Unsuccessful

Some people enter rehab, but don't take it seriously or leave before completing the rehabilitation program. Others successfully complete rehab but then suffer a relapse of their addiction. After rehab fails, some addicts conclude that rehab can never work, but that is not necessarily so. In some cases a different rehabilitation program or a fundamental change in desire to get clean can make all the difference.

When Is Forced Drug Treatment Appropriate?

If a person's life is controlled by addiction, and if that person has lost the ability to make rational decisions due to addiction, he or she may be a candidate for court ordered rehabilitation. In Florida, the Marchman Act provides a way for family members or loved ones to legally compel an addict to get treatment or face incarceration. Sometimes this is the only way to get someone with a severe addiction into treatment.

The Marchman Act and Court Ordered DrugRehabilitation

Under the Marchman Act, you can appeal to the court to order assessment and make a recommendation as to whether forced drug rehabilitation is appropriate for a loved one with a serious addiction. Most people find the process much easier when they work with an attorney experienced in Marchman Act hearings.

You Do Have Somewhere to Turn

Cocaine, heroin, barbiturates, meth, benzodiazepines, and alcohol can cause deadly addictions. At Addiction Recovery Legal Services we are ready to help you make use of the Marchman Act to compel your loved one to get what may be lifesaving addiction treatment. You may feel like you have tried everything and have nowhere to turn, but you may be able to finally get your loved one into treatment with the help of the courts.

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.

Does Court Ordered Addiction Rehab Work?

There are no guarantees, but often court ordered drug treatment works when all other options fail. That's because a person sent to treatment under the Florida Marchman Act faces the possibility of incarceration if he or she leaves treatment early or does not go to treatment. For some people, the threat of jail is the only thing that gets them to go to rehab.

Can I Get Help Filing a Marchman Act Petition?

You are advised to work with an attorney experienced in Marchman Act cases if at all possible. Not only can such an attorney streamline the process, potentially getting help for your loved one more quickly, an attorney knows what kinds of mistakes individuals tend to make when filing a petition and how to avoid those mistakes.

What if My Loved One Doesn't Complete Court Ordered Addiction Rehab?

If your loved one goes to rehab but leaves before the 60-day program is over, he or she can be arrested and taken to jail or back to rehab. Under the Marchman Act, he or she cannot simply leave treatment and go home. The fact that the Marchman Act imposes serious consequences makes it more likely to work with addicts who are resistant to going into treatment.

I Am Not a Relative. Can I get Addiction Help for My Friend?

Non-relatives may invoke the Marchman Act. Any three people with firsthand knowledge of a person's substance abuse may together file a Marchman Act petition. It is not uncommon for those with severe addictions to have no known family, and that is why the Act makes provisions for non-relatives to make a petition on behalf of a loved one.

What if No Beds Are Available in My County?

If an addict does not have insurance or the money for a private treatment program, the Marchman Act process can be delayed. Government-funded programs often have waiting lists. An attorney with Marchman Act experience can enforce compliance by the addict to the rules of the government-run program while he or she awaits an available bed. Unfortunately, any delay in treatment can adversely affect the chances for success.

Common Questions About Broward Court Ordered Addiction Treatment Program

There are four ways involuntary admission can be ordered under the Broward County Marchman Act Admissions procedures. They are:

           ·          Through being taken into protective custody by law enforcement

           ·          Emergency admission to a facility after admission is certified by a physician

           ·          Involuntary admission of a minor by the guardian of the minor

           ·          Assignment to a court ordered addiction treatment program by a judge

When assessment by a qualified professional in accordance with one of these situations shows admission criteria are met, an involuntary treatment petition can be filed with the court.

Can a Police Officer Take an Addict to Jail Without Arresting Him or Her?

A law enforcement officer can detain an adult for the person's own protection in a jail or other detention facility, though this detention is not considered an arrest, and no record of the detention is made as long as the person has not been charged with a crime. The person in charge of the detention facility has to notify the nearest detox service provider within eight hours and must arrange for transportation of the detainee to the facility. The detainee must be medically evaluated within 72 hours.

How Do I Invoke the Broward County Marchman Act in a Medical Emergency?

If your loved one experiences a life-threatening medical emergency due to overdose, withdrawal or other addiction-related problem, it is first handled as a medical emergency. Once the person is stabilized and can be transferred for the purpose of addiction treatment, the Marchman Act may be invoked if the person refuses treatment. You would file your petition in Broward County Circuit Court.

Filing a Marchman Act Petition Seems Complicated. Is Help Available?

Hiring an attorney with experience in Broward court ordered addiction treatment filings is a good idea. Procedures must be followed exactly, and sometimes the loved ones of an addict, who are generally under tremendous stress due to the situation, make mistakes. A technical mistake can derail the entire Marchman Act process. Hiring an experienced attorney can help streamline the process and ensure that all steps are followed to get your loved one the help that he or she needs.

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.