How do I get a Marchman Act?

Having a loved one abusing or addicted to drugs or alcohol can be both frightening and dangerous. For many families it is an ongoing every day nightmare. I saw this first hand during my days as a Traffic Homicide Prosecutor. Often the process of treatment and recovery is met with resistance and denial. The Marchman Act in Florida makes it possible for family members or friends to file a petition with the court to have their loved one court ordered into stabilization, to get an evaluation, and then to enter and successfully complete an appropriate treatment program. You don't have to wait for your loved one to be injured, jailed, or worse before you get them the help they need now. This ensures that a person who may be a danger to himself/herself or to others can get the help they need.

What is the Marchman Act?

The Marchman Act is found in Chapter 397 of the Florida Statutes and provides for the involuntary or voluntary assessment, stabilization and treatment of a person abusing or addicted to drugs or alcohol. If you file the petition you are referred to as the Petitioner. The Respondent (person you are filing on) must reside in the County where you file the Petition. Every County in Florida handles Marchman Acts in a different procedural way. However, the respondent is always appointed an attorney when you go to court (if they have not hired a private attorney) so it is very important you seek your own legal advice before you file the petition and attend the court hearing unrepresented and unprepared. I can assist you in filing the petition as well as represent you every subsequent hearing.

How do I file a Marchman Act petition?

There are 2 steps involved in filing of a Marchman Act case.

The first step is to file a Petition for Involuntary Assessment and Stabilization. The purpose of this petition is to obtain a court order for substance abuse assessment and stabilization when the respondent has refused to voluntarily receive care. Typically, if the petition is properly prepared and meets the requirements of Chapter 397 the court will order the person to be picked up. In Hillsborough County, they are taken to ACTS for stabilization and assessment. The Agency for Community Treatment Services (ACTS) will contact the petitioner once the assessment is completed. You will get a sealed copy of the assessment to take to the courthouse to complete the next required second step. The second step is to file a petition for involuntary treatment. The purpose of this petition is to obtain a court order for involuntary treatment of substance abuse when the person needing the care (the respondent) is not willing to go. The court will hold a hearing to determine whether you have met the statutory requirements. At this hearing, your loved one, the respondent, is provided with an attorney who is assigned to that courtroom and is familiar with the rules and laws regarding Marchman Acts. You should have your own legal counsel to lead you through this hearing and to defend your case against any arguments the respondent’s attorney might make. You are entitled to attend every subsequent hearing to follow and monitor the progress of your loved one’s treatment. An attorney can also attend on your behalf. This is a civil action, not a criminal case, and the subject of the Marchman Act petition can keep the entire case confidential while getting the help they need now without risking a felony conviction or criminal record of any kind. I am experienced in and have successfully represented hundreds of Petitioners and Respondents in Marchman Act cases throughout the state of Florida for the past ten years, particularly in Hillsborough County.

Please contact me to find out more about your rights under the Marchman Act today.