Questions on Florida's Court Ordered Addiction Rehabilitation Program (Juanita Darling)

In Florida, if you believe your loved one's addiction has taken a drastically negative toll on their life, you have the option of filing a petition under Florida's Marchman Act asking for the court to order someone you care about into an addiction rehabilitation program. To many this sounds like drastic step, only taken for serious criminals that suffer addiction. However, in Florida, if an addict is a danger to his- or herself or others, or if they have tried rehab but not completed it, you do have the option of asking the court for help.

How do I File a Petition?

The best way to start petitioning the court for court ordered rehabilitation programs is by hiring a lawyer, preferably one experienced in the field. Not only will they help you create a strong case, they will also help during the actual negotiations concerning the petition. After your petition is filed, the court will appoint the respondent a lawyer so that they have the chance to prove that they do not need a court ordered addiction treatment program. Your lawyer will help the judge see exactly what you see: a person in desperate need of help in order to beat addiction.

What Can I Do to Help my Petition be Granted?

The best thing you can do is listen your attorney and give him or her all the information that they ask for. This may include records of the person's run-ins with the law, or a history of their addiction. Your lawyer may ask you to give many specific reasons why you feel that a court ordered addiction treatment program is necessary for your loved one, and it's vital that you don't hold anything back. Your attorney only knows as much as you do, and in order for you to have the best chance at helping your loved one, you need to cooperate with your attorney as much as possible.

What Happens When a Petition is Granted?

When a petition under the Marchman Act is granted, it means the judge has decided that a court ordered addiction rehabilitation is your loved one's best hope for getting their life back. Your loved one will be taken to a detox center, where an assessment will be made by the staff and a course of treatment recommended to the court. Your lawyer will monitor your loved one's compliance with the petition, and if necessary, notify the court if they break the conditions the court specified.

How Much Should My Loved One Know About the Petition?

Any information regarding the petition that you tell the target of the petition will make harder to proceed in court. Not only will the person be waiting for contact from the court, but they may also evade law enforcement in situations that don't regard the petition, making it more likely for them to end up in jail before the motion is granted. Treating addiction is difficult, and watching a loved one succumb to addiction is devastating. Filing a petition under the Marchman Act may be the only way the person you love can turn their life around.

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