Sober living

Ex Parte Baker Act & Marchman Act The Eighth Judicial Circuit of Florida

The website explains how to file a Marchman Act petition for involuntary treatment, how long a person will be held for assessment, the best way to submit to treatment voluntarily, or how to contest the allegations. If you meet the criteria for the Marchman Act, you will be ordered to complete a day initial treatment program. If the person who filed the petition for your involuntary treatment requests it, or if your treatment professionals feel it is necessary, the court may order another 90 days of involuntary treatment. If you live in Florida, you may already be aware of the Marchman Act of 1993. This law allows the involuntary substance abuse commitment of someone with a drug abuse problem who is also a danger to themselves or others.

how to fight a marchman act

Since you are attesting that what you are filing is true, you’ll need to file the petition in person. According to the law, no fee can be charged for filing the petition itself. It’s important to note that a Florida Marchman Act can be brought for those who have co-occurring disorders, or mental illness in addition to a substance abuse issue. We have worked with several individuals who have come through our doors because they have been Marchman acted.

A person who initially entered treatment voluntarily, and is now threatening to leave treatment, does not preclude the filing of a Marchman Act case. Typically, the court defers how long can i live with alcoholic liver disease to the addiction professional on whether to order an individual to treatment. If that individual is not present, the order is sent to the county sheriff for enforcement.

If there is an outstanding order, the Petitioner should appear in Court and explain the reason for terminating the case. The Marchman Act has become the smart decision for families seeking care for their loved one in Florida. At that the role of cognitive dissonance in the pandemic point, the court may order involuntary treatment for the individual for up to 90 days. (Originally, Florida’s Marchman Act called for a period of 60 days, however that time was extended with the July 1, 2016 changes to the law).

How can I get my loved one into treatment for substance use when they refuse?

As of 2016, it has been taken advantage of as many as 10,000 times or more a year in Florida, according to If you are in need of a facility who can handle this and other delicate situations, look no further. In Palm Beach County Florida you may file a Marchman Act petition at the County Courthouse located on 205 North Dixie Highway West Palm Beach, Florida in the Mental Health Office. Since there is no specific authority for the State Attorney to represent a private petitioner in a Marchman Act case, then such representation is excluded from the State Attorney’s statutory authority. Legal photo identification, current driver’s license, passport, or state issued identification card.

What happens after a Marchman Act?

After the evaluation, the facility may choose to discharge the client, change the status to voluntary, or file a request with the court for admission to involuntary treatment services. The judge may order treatment for up to 60 days. Some counties allow for initial treatment up to 90 days, with renewals every 90 days.

But, if someone who has been Marchman acted leaves treatment, they can be found in contempt of court and charged as a result Depending on the county, individuals can face jail time if they violate their Marchman Act orders. To get help from the Florida court system someone has to file a petition with the county clerk of courts to have the substance abuser evaluated. The least expensive option for the filing is to get the required packet at the Clerk of Court’s office and do it yourself. Keep in mind though, that any mistakes or missing details in the petition can cost you precious time. So, if you choose to do the petition yourself take the time to do it right. Future court orders will be based on treatment progress reports provided to the judge.

We are not attorneys nor are we affiliated with the state of Florida. If you would like a referral to an attorney or would like to discuss alternative intervention strategies call now. Many counties do not have detoxification, alcohol addiction treatment center residential providers and must rely on a neighboring county for assistance with these cases. This might make it difficult to access the state funding because the respondent is not a resident of that county.

Considerations for Choosing the Right Marchman Act Attorney

The attorneys at Sammis Law Firm represent men and women served with a summons to appear in court for a Marchman Act proceeding. Any violation of a court order might result in a “no bond” bench warrant being issued for contempt of court. Any failure of the petitioner to meet filing deadlines or requirements can be grounds for dismissing their legal petition against you.

What is the best form of treatment for addiction?

Behavioral therapy is perhaps the most commonly utilized types of treatment for addiction that is frequently used during substance rehabilitation. A general behavioral therapeutic approach has been adapted into a variety of effective techniques.

We use our experience to help you fight for your loved one’s life. Neither you nor the impaired individual needs to be a legal resident of the State of Florida to utilize the Marchman Act. As long as your loved one is physically present, however brief a time in Florida, the Marchman Act can apply. Many times, we file Marchman Act cases on a substance impaired individual who is a resident of another state but who is visiting friends or family or is temporarily present in Florida. Again, there is no legal requirement that the impaired individual be a resident of Florida for the Marchman Act to apply. Most reputable addiction treatments centers have outreach representatives that are intimately familiar with the process, the options that their facilities provide, as well as those that other facilities in their area provide.

Creating Boundaries in Addiction: A Win-Win

In Palm Beach County, there is Drug Abuse Foundation in Delray Beach. In Broward County, there is Broward Addiction Recovery Center but only for Broward residents. By far the biggest issue with the Florida Marchman Act, however, comes down to money.

Almost everyone in my experience chooses to go back to treatment. This is the leverage of the Marchman Act and one of the reasons it works. Most people do not want to violate a Court order and risk going to jail.

YOU are responsible to present evidence and witnesses for the hearings. YOU are not entitled to a Public Defender or court appointed attorney but the RESPONDENT is.

Many people have heard of the Marchman Act, but are not completely sure how to use it. You must provide the court with sworn written testimony before a notary that meets the criteria set forth by Florida law. The person must be in the county where the petition is filed and cannot be in jail.

Florida Marchman Act: Does it Work?

No kickback, referral, brokering fee or similar is provided between the the owner of this website or the treatment provider. The licensed treatment provider is obligated to provide information about the Marchman Act and guide anyone who inquires to the proper level of help that is needed or desired for their particular situation. There is no incentive for anyone to utilize any specific treatment provider. Rather it is a health matter that should be fully researched in order to make the best possible decision for one’s own situation. If you make an inquiry on this website, you can expect to be provided with options that match what you are asking for.

If the petition isn’t done exactly right, your attorney will have it dismissed outright. Of course, the petitioner can try again, but they must start over, and they might make more mistakes next time. If the petition is repeatedly denied by the judge, the other party might give up or try something else. Before calling up a lawyer, learn more about this Act and why it’s critical to your loved one’s recovery. This procedure involves filing a petition with the clerk of court once your loved one has been assessed by a Qualified Professional under an Involuntary Assessment process. There are several points along the Florida Marchman Act trail where plans could go awry.

What is the first step in treating drug addiction?

The real first step in treating addiction is when the individual admits that they have a problem and opens up to seeking treatment for the addiction. For this to happen, they have to realize a motivation for getting sober, understand that they have an addiction, and be willing to work for sobriety.

We understand how difficult this time can be for anyone, but when someone is coming to us against their initial will, we know that the feeling of being overwhelmed and scared can take over. We are here to let you and your loved ones know that no matter why you cross our threshold, we are ready to help, support, and guide you along a road of recovery. Thousands of people have been remanded to treatment for substance abuse since the Marchman Act was enacted in 1993 — and there are thousands of success stories.

There is disclosure permitted but only to limited classes including the parties, their attorneys, guardians of the impaired individual, and the individual’s treating health care providers. A person or entity other than the classes of people mentioned above may gain access to Marchman Act records only upon a showing of “good cause”, which is a very difficult standard for one seeking information to meet. In my opinion, it will be exceedingly difficult for a non-party to demonstrate “good cause” to a court so as to allow any of these records to be released. Disclosure of information about treatment and records of treatment is strongly disfavored as a matter of public policy by the courts generally. So, I advise families to rest assured that no one can find out about their loved one being in treatment. is a service that provides information about the Marchman Act and addiction treatment options.

Meaning if you ask for a program in a certain geographical area, the facility handling the phone call should provide you with at least one in the area you request. If you ask for information about a particular county courthouse or similar, you may be directed to a specific page on this website that contains that information. A voluntary admission is when a person who wishes to enter treatment for substance abuse services applies to a service provider for voluntary admission.

A general master presides at the hearing and after taking all relevant testimony, the court may enter an order for involuntary treatment for a period not to exceed 60 days. It may also direct the Sheriff to take the patient into custody and delivery him to the licensed facility. By completing the petition, you are asking the court to enter an order requiring the person to be involuntarily transported and assessed at a designated mental health facility. The Petition is filed with the Clerk of Court and must be set for hearing within 10 days.

how to fight a marchman act

The person has refused voluntary examination OR is unable to determine whether an examination is necessary. The petitioner must contact an appropriate facility and confirm that they have bed space available before they file the petition. There is no filing fee required to file a Petition for Involuntary Assessment and Stabilization.

After the petition is filed, there will be a hearing within ten days. The petitioner receives notice of the hearing by mail and the patient is served notice by the sheriff. From there the court can order for involuntary assessment at a treatment center for up to five days to evaluate and stabilize the patient.

  • Many people have heard of the Marchman Act, but are not completely sure how to use it.
  • According to Florida’s Dependency Benchbook for the Marchman Act, a person being involuntarily retained can petition for a writ of habeas corpus.
  • But since you’ve never dealt with this issue before, you may not know where to start.
  • An involuntary examination does not guarantee the person will be required to undergo long term treatment.
  • They spelled out precisely what could be done under the Act and what could not be done.

If the situation is found to be less urgent, a summons will be served to the individual as it is for any other civil proceeding. The individual refuses to submit voluntarily to a professional assessment when a reasonable person would do so in similar circumstances. Respondents can and do lie during the assessments and these evaluations may or may not include a full drug screening. It goes without saying not to be under the influence of drugs or alcohol. Dilated or pinned pupils are visible from a fair distance away, and judges aren’t stupid.

Schreibe einen Kommentar

Deine E-Mail-Adresse wird nicht veröffentlicht. Erforderliche Felder sind mit * markiert.