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3 Factors You Should Know Before Petitioning the Court Marchman Act

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Marchman Act
3 Factors You Should Know Before Petitioning the Court Marchman Act

As a family to an addict, you might lack the ability to assist your loved one in overcoming mental health, drug addiction, or alcoholism. This hopelessness can cause stress and anxiety to family members because they know their loved one is at risk of severe health deterioration or death. Residents in Florida are fortunate to have a law that allows them to override the rights of their loved ones addicted to alcohol by forcing them to undergo treatment.


The Marchman Act has allowed many family members to instigate the recovery process of their loved ones suffering from mental health issues or addiction. This act is not a criminal but a civil procedure. It allows the friends or family members to petition the court for mandatory assessment and Cocaine Addiction Treatment for individuals abusing drugs or alcohol.


This act is essential for persons who cannot accept they have an addiction problem. Here are factors to consider before petitioning the court for Marchman Act.


Only for Dependency on Illicit substances

The Marchman Act is only petitioned for substance abuse and chemical dependency cases. Its objective is to ensure the addict undergoes professional involuntary assessment and treatment. The initial evaluation will take five days, and successive treatment might take at least 90 days.


That is different from the Baker Act in other states, which allows patients to be held in addiction treatment centers for only 72 hours for being a danger to themselves and others.


It is a 2-Step Process

The Marchman Act is a 2-step process that commences by filing a request and petition for assessment, detoxification, and treatment. To file your request, you must get the Marchman Act Florida Forms fill and submit them to the court for review via an ex parte process or an actual hearing in court.


The court, after review, might order the respondent to go to a predetermined addiction treatment center for assessment, stabilization, and detox. Law enforcement officers can also pick up and deliver the patient to a Marchman Treatment Facility. After treating the patient, the treatment providers will write a recommendation to the court.


The Level of Treatment Administered

Your attorney and the court officials won’t dictate the level of care or the type of treatment to be administered to your loved one. They will leave this decision to the trained professionals working in the Marchman Addiction Treatment Centers. These specialists will provide the best treatment suitable for the respondent’s needs.


Typically, the respondent will receive outpatient, day-treatment, residential, or intensive outpatient treatment. With the help of your lawyer, it is your responsibility to enforce the court order upon your loved one. So, this process is likely to fail if you leave the fate of your relative to the court or law enforcement. Be actively involved until your loved one completes the recommended treatment. 


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