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Urgent Marchman Act Legal Services
When a loved one caught in a spiral of addiction is in crisis, knowing how to help and support them can be incredibly challenging. During this distressing time, you will need to act quickly to ensure they receive the treatment they need to end their cycle of self-destruction and start the journey to healing. Obtaining urgent Marchman Act legal services is the most important step you can take at this critical juncture in your loved one’s battle with substance abuse. With an experienced Marchman Act attorney guiding you, you will be in the best possible position to get your loved one the help they urgently need.
What Is The Marchman Act?
The Marchman Act is a crucial piece of Florida legislation that was introduced to ensure that people with substance use issues are able to access the treatment they need to recover and lead healthy lives. Its key provision allows a court, upon receiving a petition from a concerned family member or friend, to compel a person struggling with addiction to undergo an involuntary assessment and treatment for a substance use disorder. The Marchman Act is a lifeline for families who are unable to convince loved ones battling addiction to enter treatment voluntarily, and has saved countless lives through its facilitation of emergency interventions. It comprises two (2) parts: 1) Assessment and 2) Treatment.
What Is An Urgent Marchman Act Intervention?
There are two routes by which the assessment part of the Marchman Act intervention can be initiated: the urgent ex parte route, and the non-urgent route. The urgent ex parte route is intended to be used when a person’s substance use has reached such a stage that an emergency intervention is required, and it would be unwise to wait until a hearing date can be secured. In these circumstances, the Marchman Act allows the court to grant the petition for involuntary assessment on an ex parte basis without a hearing. In other words, the petition is simply filed with the court, and the court comes to its decision based on the petition and accompanying evidence alone. The petition must include sufficient evidence to persuade the court that use of the emergency ex parte route is justified in the circumstances.
In non-emergency circumstances, the petition is filed with the court and served on the person who is the subject of the petition. They will have an opportunity to respond to the petition at a hearing, at which the court will review the legal arguments and evidence before coming to its decision. This route is less commonly used, given that many Marchman Act interventions are precipitated by mental health emergencies.
In What Circumstances May Urgent Marchman Act Legal Services Be Necessary?
Although a Marchman Act intervention can be initiated at any stage provided the relevant criteria are met, there are certain circumstances in which the expedited legal process described above needs to be followed. For example:
- if a loved one’s addiction has rapidly spiraled out of control
- they have attempted to harm themselves or others as a result of being under the influence of narcotics
- they have recently overdosed
- they are attempting to dissipate significant assets to fund their addiction
In these scenarios, it is critical that you are able to access Marchman Act legal services urgently so that a petition can be filed as soon as possible.
How Is An Urgent Marchman Act Intervention Facilitated?
Any person with knowledge of a person’s substance use issues who is concerned for their well-being can initiate Marchman Act proceedings by filing a ‘petition for involuntary treatment services’. This petition requests the court to grant an order authorizing the first stage of a Marchman Act intervention, which is an involuntary assessment for a substance use disorder. The procedures that must be followed when filing an urgent Marchman Act petition are complex, so having reliable legal services at your disposal is imperative.
Criteria for involuntary assessment
Initiating an involuntary assessment under the Marchman Act is a significant step, as it involves a serious limitation of a person’s rights. For this reason, strict criteria must be met before a person can be subject to an involuntary assessment. The court will only order that a person undergo an involuntary assessment if there is good reason to believe that the person concerned is experiencing impairment due to substance abuse, and because of such impairment:
- They have lost the power of self-control with respect to their substance abuse; and
- They are incapable of appreciating that they require treatment for a substance use disorder and are unable to make a rational decision in this regard; or
- They have inflicted or attempted to inflict harm on themselves or others.
Overall, it must be clear that the person who is the subject of the petition is so substance-use impaired that requiring them to undergo an assessment involuntarily is justified in the circumstances.
Evidence in support of petition
The petition for involuntary treatment services must be supported by evidence that demonstrates there is good reason to believe the above criteria have been met. Typically, in urgent Marchman Act proceedings, the factual allegations made in the petition will be the cornerstone of this evidence. This is why it is crucial you have access to reliable legal services when preparing an urgent Marchman Act petition: your attorney will have years of experience navigating the court’s administrative and legal procedures, and will be able to ensure that the petition meets all the necessary requirements and is reviewed as quickly as possible.
As the petitioner, you will need to provide sworn testimony describing your loved one’s substance abuse impairment. For example, you may give evidence concerning their erratic behavior, self-neglect, physical signs of substance abuse, or threats of self-harm or harm to others. Where possible, your petition should include relevant medical records and witness statements from others who have knowledge of your loved one’s substance abuse.
Hearing
A hearing will only take place if the non-emergency route is followed – in emergency cases, the court will come to its decision based on the petition alone. In non-urgent proceedings, once the petition has been filed and served on the relevant parties, your attorney will liaise with the clerks of the court to arrange a hearing. At the hearing, your attorney will present brief argument to the court to demonstrate why the petition should be granted, and will answer any questions concerning your loved one’s condition.
What Happens Once The Petition Is Granted?
If the petition is granted, the court will order that your loved one be taken into custody by law enforcement and delivered to a treatment facility for involuntary assessment. Once at the facility, a suitably qualified medical professional such as a psychiatrist or a physician will examine your loved one to determine whether they have a substance use disorder. In this time, your loved one will also receive emergency treatment if necessary. If your loved one is found to have a substance use disorder, that evidence will be presented at the second part of the Marchman Act, the Treatment Services hearing. At that hearing, the Court can order treatment for up to ninety (90) days.
Why Do I Need A Marchman Act Attorney To Help Facilitate Urgent Marchman Act Proceedings?
Navigating a family crisis can be distressing and disorientating, particularly when legal processes are involved. Supporting a loved one who is battling addiction and refusing treatment presents significant emotional, practical and legal challenges.
Being able to rely on reputable legal services when initiating urgent Marchman Act proceedings will take a major weight off your shoulders. Your attorney will have years of experience assisting families in similar circumstances, and so will be able to guide you on the best course of action for your loved one’s particular needs.
For example, they will be able to recommend appropriate treatment facilities, and will help take care of any logistical and administrative details required to facilitate your loved one’s entry into treatment. This is particularly helpful if your loved one is not in Florida and you need to facilitate an out-of-state Marchman Act intervention.
An experienced Marchman Act attorney will also have an in-depth knowledge of the circuit court processes that will need to be followed in order to file a petition and ensure it is reviewed on an urgent basis. Having this kind of practical expertise in your corner is essential when time is of the essence and you need to ensure your loved one receives medical attention urgently. In addition to playing a major role in the court proceedings – from drafting the petition and liaising with court personnel, to preparing evidence and presenting legal argument where necessary – your attorney will also serve as an invaluable sounding board throughout your loved one’s time in treatment. Their support will be indispensable to you as you help your loved one to begin the difficult path to sobriety.
Compassionate Marchman Act Attorneys Are On Standby To Help Your Family
When a loved one’s substance use is starting to have serious consequences for their health and well-being, you need to act quickly. The team at Astor Simovitch Law is on standby 24/7 to help you initiate urgent Marchman Act proceedings and ensure that your loved one gets the treatment they need as soon as possible.
Our attorneys have years of experience in facilitating emergency Marchman Act interventions, and will take care of all the legal and administrative requirements of the process so that you can focus on supporting your loved one. Our compassionate client service and sensitive approach to the complexities which addiction presents for families make us the first port of call for Florida’s families in crisis.
If you require urgent Marchman Act legal services, don’t hesitate to contact our team today at 561-419-6095.