Marchman Act FAQ
Short answers to what Florida families ask before they decide to file. For the law itself explained at length, our companion resource marchmanactinfo.com covers the statute and the criteria in depth.
How much does representation cost?
Two flat-fee packages, both paid in full at engagement: Tier 1 (Standard) is $2,995 total — a $2,945 flat fee plus a $50 non-refundable cost advance — and Tier 2 (Comprehensive) is $4,895 total, a $4,845 flat fee plus the same $50 advance. The $50 advance is included in the total and covers case operating costs including court filing fees; private process server fees are the one exception. There are no instalments or payment plans, and the 15-minute intake call is free.
Who can file a petition?
For an adult, Florida law allows a spouse, a relative by blood or marriage, a legal guardian, a licensed service provider. For a minor, a parent, guardian, or licensed provider may file.
Do I need a lawyer to file?
Florida allows you to file on your own. But the petition must meet the statutory criteria, be filed in the correct county, and be argued at a hearing, so an attorney should review your situation first. We represent you from intake through hearing in all 67 Florida counties.
Where is the petition filed?
In the circuit court of the Florida county where your loved one is physically located, not where they live. Residency is not required, so you can petition from out of state.
How long does the process take?
Petitions are typically drafted and filed within 24 to 48 hours of a completed intake, and Florida law requires schedule a hearing, with timing varying by county. Where an emergency is alleged, a court may review the petition on an expedited basis.
What can the court order?
A court may order an involuntary assessment of a short period of observation and assessment, further days for stabilization, and up to 90 days of treatment. Additional 90-day periods may be sought by renewed petition. Whether the criteria are met in any case is for the court to decide.
What if my loved one refuses to comply?
A Marchman Act order is enforceable, not a recommendation. Where a respondent refuses to comply, the court may enforce it through civil contempt, which is designed to encourage compliance through a purge provision rather than to punish. We handle contempt matters on existing orders.
Is a Marchman Act case confidential?
Marchman Act proceedings carry confidentiality protections under Florida law and federal substance use regulations (42 CFR Part 2). Hearings are typically closed and records sealed in most circumstances. What you tell our attorneys is privileged once a representation agreement is signed.
Will my loved one have a criminal record?
No. The Marchman Act is civil, not criminal: the respondent is not arrested, charged, or convicted, and an order is not a criminal record. The full civil process is set out on marchmanactinfo.com.
If someone is in immediate danger, call 911. We are a law firm, not an emergency service. Outside office hours the phone reaches an answering service; completed online intakes receive same-day attorney review.