Miami, FL Marchman Act Attorneys

Experienced Lawyers for Marchman Act Petitions in Miami

Watching a loved one suffer due to an addiction to drugs or alcohol can be unbearable. Oftentimes, people dealing with drug addiction are not equipped to take the first step to combat their dependency issues. By working with a Miami Marchman Act attorney, you can petition the court for the necessary intervention that your loved one needs.

At Miami Family Law Group, PLLC, we have deep empathy for families that have been torn apart by substance abuse and addiction. Our Marchman Act attorneys can help you take legal action to help someone who is in need of treatment. We will help you build a case for necessary intervention and represent you in a hearing in front of a judge.

What Is the Marchman Act?

The Marchman Act allows for people with substance abuse issues to be involuntarily committed to treatment and rehabilitation for their addiction. However, only certain persons can file a petition under the Marchman Act. These persons include:

• Legal guardians
• Relatives
• Spouses
• Three unrelated adults who are aware of a person's addiction

If you are concerned about someone in your life who has an addiction to drugs or alcohol, filing a petition through the Marchman Act can help that person get professional treatment. Note that if you are seeking treatment for a minor, you must be the child's parent, legal guardian or custodian, or a licensed service provider in order to petition for intervention.

When it comes to treating a dangerous addiction, time is of the essence. At Miami Family Law Group, PLLC, we can help you fill out the required paperwork to initiate the process of filing a petition under the Marchman Act.

What Happens at a Hearing for a Marchman Act Petition?

As part of the process of filing a Marchman Act petition, you and the person subject to the petition (known as the respondent) may have to attend a hearing in court. At this hearing, you and the respondent will have the chance to testify to the judge. You should come prepared with evidence demonstrating that intervention is necessary to treat the respondent's issue and showing that other methods of treatment have not been effective.

At Miami Family Law Group, PLLC, we can help you gather proof of the respondent's substance abuse issue and represent you at the Marchman Act hearing. At the end of this hearing, the judge will decide whether or not to commit the respondent to involuntary assessment. In some cases, the hearing may be waived by a judge if you can show that there is a pressing emergency.

When Is Treatment Necessary Under the Marchman Act?

If the judge approves a petition for involuntary assessment, the next step is to determine if the respondent should be compelled to receive treatment. Multiple requirements must be satisfied before an individual can be committed to involuntary treatment, as follows:

• The respondent is at risk of harming themselves or others due to a substance addiction.
• The respondent's judgment has been substantially impaired by their addiction.
• The respondent demonstrates a clear lack of self-control in regard to their substance abuse.

If the respondent meets these criteria, they can be committed to a professional treatment center. A court order for treatment under the Marchman Act can last up to 60 days. However, you can also petition for extended treatment on the respondent's behalf.

Meet With a Miami, Florida Family Law Attorney for Substance Abuse

When there are no other options to help your loved one except for involuntary commitment, filing a petition through the Marchman Act may be necessary. At Miami Family Law Group, PLLC, our Miami Marchman Act lawyers can assist you from the beginning to the end of your petition. Call us at 305-520-7874 or contact us online to arrange an initial consultation with our firm today.