Practice Areas
Marchman Act Representation: Personalized Legal Guidance for Families
When a loved one is struggling with substance abuse, families often face difficult decisions, emotional uncertainty, and an overwhelming sense of urgency. At Eisenberg & Fouts, P.A., we understand that seeking court intervention is rarely an easy decision. Families turn to us during some of their most challenging moments, often after exhausting other efforts to help someone they love.
Our approach to Marchman Act representation is deeply personal, compassionate, and hands-on. We recognize that every family has a unique story and that every individual’s struggle with substance abuse presents different challenges. Attorney Kai Li Aloe Fouts works closely with families to understand their circumstances, evaluate their legal options, and develop an individualized strategy tailored to their loved one’s needs.
Our representation extends beyond the preparation and filing of legal documents. We provide attentive guidance throughout the court process, maintain direct and responsive communication with our clients, and help families understand what to expect at each stage. We recognize the importance of accessibility, discretion, and timely action when a loved one’s health and safety may be at risk.
Our goal is to relieve families of as much of the legal burden as possible while pursuing appropriate court intervention and helping create an opportunity for their loved ones to receive the assessment, stabilization, and treatment they need.
Understanding the Florida Marchman Act
Florida’s Marchman Act provides a legal process through which qualifying family members, friends, and other authorized individuals may petition the court for involuntary substance abuse assessment, stabilization, and treatment when a loved one meets the statutory criteria.
When appropriate, our firm may seek an emergency court order for assessment and stabilization. Under the statute, an assessment generally must occur within 72 hours after the individual arrives at a licensed service provider, subject to certain exceptions.
Following a clinical assessment and court hearing, the court may order involuntary treatment when the required statutory criteria are established by clear and convincing evidence. Treatment may be ordered for a period of up to 90 days.
Our Commitment Does Not End with the Initial Court Order
We understand that substance use disorders are complex and that recovery is often a lengthy process. An initial treatment order may represent only the beginning of a loved one’s journey toward recovery.
When continued treatment is necessary and the statutory requirements are satisfied, our firm can pursue petitions to extend involuntary treatment beyond the initial 90-day period. Florida law permits additional treatment periods of up to 90 days each, with further renewal petitions available when the legal criteria continue to be met.
We work closely with our clients throughout these proceedings, providing continued legal guidance and evaluating appropriate next steps as circumstances evolve.
Experienced Advocacy and Enforcement of Court Orders
Drawing upon decades of criminal trial and appellate experience, our firm is equipped to address complex legal issues that may arise during Marchman Act proceedings, including matters involving noncompliance with court orders.
When appropriate, we pursue available legal remedies, including civil or criminal contempt proceedings, to address violations of valid court orders and seek continued judicial intervention. The court retains jurisdiction to monitor compliance, modify treatment requirements, and initiate contempt proceedings as circumstances warrant.
Our approach is guided by the understanding that these proceedings involve more than legal documents and courtroom appearances. They involve individuals and families seeking help during profoundly difficult circumstances.
Our mission is to provide families with compassionate, highly personalized legal representation while using the legal remedies available under Florida law to help their loved ones access appropriate treatment and pursue a path toward recovery.
We dedicate our practice to make sure families’ circumstances will be treated with the seriousness, discretion, and individualized attention they deserve.