Frequently Asked Questions

A petition can be filed by: a spouse, parent, adult child, or legal guardian; any adult who has personal knowledge of the person's substance abuse; or any three adults who have personal knowledge of the person's condition. Healthcare professionals and law enforcement can also initiate emergency interventions.

For the court to order involuntary treatment, the individual must: have a substance abuse problem that impairs their judgment; have lost the power of self-control with respect to substance use; and pose a danger to themselves or others, or be incapable of making rational decisions about their care.

Yes. Any three adults who have personal knowledge of the person's substance abuse can file a petition together. This is known as the "three-adult rule" and allows friends, neighbors, coworkers, or others to intervene when family members are unavailable or unwilling.

You are not legally required to have an attorney, and you can file the petition yourself (pro se). However, working with an experienced attorney or service like ours significantly increases the likelihood of success, ensures proper documentation, and helps navigate the court system efficiently.

The petition is filed in the county where the person resides or is found. Each Florida county has specific procedures and forms. Our team is familiar with the requirements for all 67 Florida counties and can guide you through the process.

Treatment under the Marchman Act is provided by licensed substance abuse treatment facilities. This typically includes medical detoxification (if needed), individual and group therapy, addiction education, relapse prevention training, and preparation for aftercare. The specific treatment plan is developed by medical professionals based on the individual's needs.

While families can express preferences, the court and assessment facility ultimately determine placement based on availability, the individual's clinical needs, and other factors. Our team can help advocate for appropriate placement and provide information about treatment options.

Most treatment facilities allow phone contact and visitation, though there may be restrictions during the initial detox period or based on clinical recommendations. Facilities typically work with families to keep them informed and involved in the treatment process.

Research shows that court-mandated treatment can be as effective as voluntary treatment. The key benefit is that it gets the person stabilized and sober long enough for their brain to begin healing and for them to engage meaningfully in treatment. Many individuals who initially resisted treatment later express gratitude for the intervention.

Many individuals with substance abuse also have co-occurring mental health conditions (dual diagnosis). Quality treatment facilities can address both issues. During assessment, mental health needs are evaluated, and the treatment plan can include psychiatric care if needed.

It's natural to worry about your relationship. Initially, many individuals are angry about the intervention. However, addiction impairs judgment—the anger is often the disease talking. Once sober, many people express profound gratitude that their family cared enough to intervene. Recovery often strengthens family relationships.

Consider filing if: your loved one refuses voluntary treatment despite multiple requests; their substance use is escalating and becoming more dangerous; they've experienced overdoses, accidents, or health crises; they pose a danger to themselves or others; or you fear they may die without intervention.

If the court approves the petition, your loved one is legally required to comply with the assessment and any ordered treatment. Law enforcement can be involved in transporting the individual if necessary. Refusal to comply can result in contempt of court.

Court proceedings are generally public record, but there are privacy protections for medical and treatment information. HIPAA laws protect treatment records. You can discuss privacy concerns with your attorney. Our team handles all cases with discretion and confidentiality.

Stay involved—attend family therapy sessions if offered, visit when allowed, and participate in discharge planning. Take care of yourself too—consider Al-Anon or family counseling. Prepare for their return by removing substances from the home and setting healthy boundaries. Recovery is a family journey.