Marchman Act Attorneys Near You
in Orlando, FL

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Marchman Act Attorneys Orlando, FL

What Is Florida's Marchman Act?

Florida’s Marchman Act — officially the Hal S. Marchman Alcohol and Other Drug Services Act of 1993 — allows families, friends, and certain professionals to petition the court for the involuntary assessment, stabilization, and treatment of a loved one whose alcohol or drug use has spiraled out of control. Unlike the Baker Act, which targets mental health crises, the Marchman Act is built specifically for substance abuse emergencies where impaired judgment puts a person at real risk of harm. If you’re trying to get a loved one into treatment — or if you or a family member is facing a Marchman Act petition — an experienced attorney can help you navigate the process quickly.

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Call Now: 407-930-8912

Petition Filing & Strategy

Guiding families through filing a Petition for Involuntary Assessment and Stabilization

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Involuntary Treatment Hearings

Representation at hearings determining whether court-ordered treatment of up to 90 days is warranted

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Defending Against a Petition

Representing respondents who wish to contest a Marchman Act petition filed against them

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Contempt & Compliance Matters

Defense when a client is accused of violating a Marchman Act treatment order

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What Happens After a Marchman Act Petition Is Filed

1. Petition Filed

A family member, spouse, or other qualified petitioner files with the clerk of court — there is no filing fee

2. Court Review

If emergency circumstances exist, the court can enter an ex parte order directing law enforcement to take the person into custody

3. Assessment & Stabilization

The individual is held and assessed at a licensed facility for up to 5 days

4. Written Assessment

The facility submits its findings to the court for consideration

5. Treatment Hearing

A hearing is held, generally within 10 days of the petition, where the petitioner must prove the criteria by clear and convincing evidence

6. Treatment Order

If granted, the court can order involuntary treatment for up to 90 days, subject to renewal

How We Help Marchman Act Petitioners & Respondents

We represent both families seeking treatment for a loved one and individuals responding to a petition:

Petition Preparation

We help families document specific, recent incidents — not vague concerns — to meet the statutory standard.

Securing a Treatment Bed

We coordinate with licensed service providers to line up available treatment before the hearing.

Contesting a Petition

If you’re the respondent, we challenge whether the evidence meets the clear and convincing standard.

Compliance & Contempt Defense

If a treatment order was violated, we represent clients at compliance hearings to avoid incarceration.

Ongoing Guidance

We help families understand renewal petitions and next steps as a treatment order nears its end.

Marchman Act Criteria Under Florida Law

Two-Part Test (§ 397.675)

There must be good faith reason to believe the person is substance abuse impaired and has lost the power of self-control, AND either has inflicted or threatens harm to self or others, or is so impaired that they can’t recognize their need for treatment.

Who Can File a Petition

A spouse, any relative, a legal guardian, three adults with personal knowledge of the impairment, or a licensed service provider director.

Assessment Window

Up to 5 days for court-ordered assessment and stabilization before a treatment hearing.

Treatment Duration

Court-ordered involuntary treatment can run 60 to 90 days, and may be renewed if criteria are still met.

Marchman Act Matters We Handle

We represent families and individuals across the full range of Marchman Act matters, including:

  • Petitions for Involuntary Assessment & Stabilization – Getting a loved one evaluated
  • Petitions for Involuntary Treatment – Securing a 60-90 day court-ordered treatment program
  • Contesting a Marchman Act Petition – Defending a respondent’s rights at the hearing
  • Emergency Protective Custody Matters – Addressing law enforcement involvement
  • Treatment Order Compliance & Contempt – Defense when an order is allegedly violated
  • Renewal Petitions – Extending treatment orders that are approaching expiration
  • Minors’ Alternative Involuntary Assessment – Petitions involving a minor child
  • Coordination with Treatment Providers – Working with licensed facilities throughout the process

Filing a Marchman Act Petition

No Filing Fee

Florida law specifically prohibits charging a fee to file a Marchman Act petition.

Be Specific

Vague statements like “he drinks too much” are rarely enough. Judges want documented, recent incidents of lost self-control and risk of harm.

Residency Doesn’t Matter

The Marchman Act applies to anyone physically present in Florida, regardless of where they or the petitioner live.

Line Up Treatment First

Courts want to see that a treatment bed and plan are already arranged before ordering involuntary care.

Defending Against a Petition

Burden of Proof: At the treatment hearing, the petitioner must prove the criteria by clear and convincing evidence — a meaningful legal standard.

Right to Be Heard: Respondents are served notice by the sheriff and have the right to appear and contest the petition.

Confidentiality: Marchman Act petitions and related court records are confidential and exempt from public records requests.

Contempt Consequences: Violating a treatment order can lead to civil contempt, fines, or short-term incarceration — not new criminal charges.

Frequently Asked Questions

A spouse, any relative, a legal guardian, three adults with personal knowledge of the person’s substance abuse impairment, or the director of a licensed service provider can file. There is no filing fee.
A non-court protective custody hold is limited to 72 hours. If the court orders assessment and stabilization, the person can be held up to 5 days, and if a treatment order follows, involuntary treatment can last 60 to 90 days.
No. The Marchman Act is a civil process focused on treatment, not punishment. However, violating a court treatment order can lead to civil contempt proceedings.
Yes. A respondent has the right to appear at the hearing and contest whether the evidence meets the clear and convincing standard required by Florida Statute § 397.675. An attorney can challenge weak or vague petitions.

Florida Marchman Act Laws

Florida Statute Chapter 397

The Hal S. Marchman Alcohol and Other Drug Services Act, governing voluntary and involuntary substance abuse services.

§ 397.675 Criteria for Involuntary Admission

Sets the two-part test that must be met before any involuntary assessment or treatment.

§ 397.6814 Petition Contents

Requires specific factual allegations, not general statements, to support a petition.

§ 397.6955 Court Duties

Requires a hearing within 5 days of a petition for involuntary services.

§ 397.6760 Confidentiality

Makes Marchman Act petitions and court records confidential and exempt from public records law.

Counties We Serve

Orange County

Orlando, Winter Park, and surrounding areas.

Hillsborough County

Tampa and Tampa Bay area courts.

Seminole County

Sanford, Altamonte Springs, Lake Mary.

Osceola County

Kissimmee and Osceola County courts.

Polk County

Lakeland, Winter Haven, and surrounding areas.

Brevard County

Melbourne, Cocoa, and Space Coast.

Meet Your Marchman Act Legal Team

What Our Clients Say

Mr. Javier Chavez is beyond an amazing lawyer. He was by my side through the whole process. He's always picking up my calls and giving me the best advice. I would recommend him 1000%!
Javid Allie⭐⭐⭐⭐⭐ Google Review
I can't thank Smith & Eulo enough for their outstanding support throughout my family's case. Their professionalism and dedication made all the difference, and I felt confident every step of the way.
Yuribeth Brito Hernandez⭐⭐⭐⭐⭐ Google Review
Scott Messinger and Isabella Vicentelo worked fast and got my family the help we needed. We could not believe it!
Souza S⭐⭐⭐⭐⭐ Google Review
My attorney Ty Cooper's kindness and responsibility in handling my case made a significant difference. Beyond being an outstanding attorney, he became a great friend throughout this process.
Thamara Marin⭐⭐⭐⭐⭐ Google Review
Best of the Best! My lawyer was professional, kept open communication and was determined. Really exceptional professionalism. Would recommend 110%!
Dayle Mercado⭐⭐⭐⭐⭐ Google Review
Smith & Eulo is an outstanding law firm. Their attention to detail, strategic approach, and unwavering support made a monumental difference for our family.
Hector Eduardo Baptista Castillo⭐⭐⭐⭐⭐ Google Review

Why Choose Smith & Eulo?

20+ Attorneys – Full team experienced in civil commitment and substance abuse law

15+ Florida Offices – Serving families throughout the state

Treatment Provider Relationships – We help coordinate available beds quickly

Board Certified Criminal Trial Lawyer – Recognized courtroom expertise

Available 24/7 – We answer when your family needs us most

Case Results

Treatment Order Secured – Court granted 90-day involuntary treatment order after a contested hearing

Petition Successfully Contested – Weak, non-specific petition dismissed on behalf of respondent

Contempt Matter Resolved – Client returned to treatment instead of incarceration

Fast-Tracked Assessment Hearing – Secured an expedited hearing to get a family member into care sooner

Dozens of Marchman Act Matters – Successfully handled throughout Central Florida

Consequences Beyond the Petition

Family Relationships: Filing against a loved one is emotionally difficult; we help families approach it as an act of care, not punishment.

Employment: Because the process is civil and confidential, it generally does not appear on criminal background checks.

Custody & Family Court: A Marchman Act matter can be relevant in custody disputes involving substance use concerns.

Ongoing Compliance: Understanding the terms of a treatment order helps avoid contempt down the road.

Related Practice Areas

Marchman Act matters often intersect with other areas of law. We also handle:

Baker Act – Involuntary mental health examination and placement

Guardianship – Proceedings involving incapacity determinations

DUI & Drug Crimes – When substance use intersects with criminal charges

Family Law – Custody matters involving substance abuse concerns

Ultimate Marchman Act FAQ

The Baker Act addresses mental health crises, while the Marchman Act specifically targets substance abuse impairment. Substance abuse alone does not qualify someone for a Baker Act hold, which is why the Marchman Act exists as a separate legal pathway.
There must be good faith reason to believe the person is substance abuse impaired and has lost the power of self-control over substance use, and either has inflicted, threatened, or is likely to inflict physical harm on themselves or others, or their judgment is so impaired they cannot recognize their need for treatment.
It varies. An emergency protective custody hold is limited to 72 hours. Court-ordered assessment and stabilization can run up to 5 days, with a treatment hearing typically held within 10 days of the initial petition, followed by up to 90 days of court-ordered treatment if granted.
No. Florida Statute § 397.6814 specifically prohibits charging a filing fee for a Marchman Act petition, though families are still responsible for the cost of any treatment ordered.
Yes. The Marchman Act applies to anyone physically present in Florida at the time, regardless of residency. Neither the respondent nor the petitioner needs to be a Florida resident.
If a court order for treatment is violated, the person can be brought back before the court to explain the noncompliance. If they still refuse, the court can hold them in civil contempt, which may result in a return to treatment or incarceration for the contempt itself.
Yes, though minors are generally handled under a related but distinct set of provisions for alternative involuntary assessment, which have their own procedures separate from the standard adult process.
No. Since 2017, Florida law makes Marchman Act petitions, court orders, and related records confidential and exempt from public records disclosure requirements.
They have the right to appear at the treatment hearing and contest the petition. The petitioner bears the burden of proving the statutory criteria by clear and convincing evidence, which is a meaningful standard the court applies carefully.
Costs vary depending on whether you’re filing a petition, responding to one, or handling a compliance matter. Smith & Eulo offers free initial consultations and flexible payment plans given how urgent these situations often are for families.

Contact Us Today For Your Free Consultation

If you’re considering the Marchman Act for a loved one, or responding to a petition, call us right away. Available 24/7, free consultation, and payment plans available.

Call Now: 407-930-8912

What To Do Right Now

Document specific incidents. Write down dates, behaviors, and any harm or risk of harm you’ve witnessed.

Research treatment options. Courts favor petitions where a bed and treatment plan are already arranged.

Gather your co-petitioners. If you don’t have personal knowledge alone, you may need two other adults to join the petition.

Call us immediately. We can help you file correctly the first time and avoid delays that cost precious time.

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Related Resources

The Baker Act in Florida – Involuntary mental health examination

How to File a Marchman Act Petition – Step-by-step guidance

Understanding Civil Contempt – What happens if a treatment order is violated

Guardianship & Incapacity – When capacity to make decisions is at issue

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