How to File a Marchman Act Petition in Florida
A Marchman Act petition is a civil court filing, and it needs to be done correctly the first time. At Marchman Act Legal Clinic our attorneys do the drafting, the filing and the appearing. You are not handed a form to complete alone.
Who may file, and where
Under chapter 397, a petition may be brought by the person's spouse, a relative by blood or marriage, a legal guardian, direct knowledge of the substance use. It is filed in the circuit court of the Florida county where the person is located, which means a family living out of state can still petition for a loved one who is here. If you want the statute itself explained in depth, our companion site marchmanactinfo.com sets out the law, the criteria and the terminology at length.
The steps, in order
- A free 15-minute review. Start online. We listen to the situation and tell you plainly whether the Marchman Act criteria may apply.
- You complete the online intake. It takes about ten minutes and captures the facts an attorney needs.
- An attorney reviews it and drafts the petition. Completed intakes are reviewed the same day. A signed representation agreement creates the attorney-client relationship, and the firm writes the petition. You do not draft it.
- We file it in the correct county circuit court. The firm handles the filing, in whichever of Florida's 67 counties applies.
- The court reviews the petition. If the judge finds from the facts in the petition that an emergency exists, the court may enter an ex parte order without a hearing, directing law enforcement to transport your loved one to a designated receiving facility for assessment and stabilization.
- A hearing follows, generally in the weeks after filing. Your attorney appears and presents the case to the judge. You will usually attend and may testify briefly; in most Florida counties, petitioners and witnesses may appear by Zoom.
- The court decides what to order. Where it finds the criteria are met, a court may order involuntary assessment, stabilization, and a period of treatment. No outcome can be promised, and every case turns on its own facts.
We handle petitions in all 67 Florida counties. If an order is later ignored, enforcement is a separate step, explained on our contempt page.
Representation is a flat fee, paid in full at engagement. The firm does not offer instalments or payment plans. Each total includes a $50 non-refundable cost advance that covers case operating costs, including court filing fees; private process server fees are the one exception. See pricing for both packages. The 15-minute intake call is free.
If someone is in immediate danger, call 911. The firm is not an emergency service. Outside office hours the phone reaches an answering service, and completed intakes are reviewed the same day.