[et_pb_section fb_built=”1″ theme_builder_area=”post_content” _builder_version=”4.21.0″ _module_preset=”default”][et_pb_row _builder_version=”4.21.0″ _module_preset=”default” theme_builder_area=”post_content”][et_pb_column _builder_version=”4.21.0″ _module_preset=”default” type=”4_4″ theme_builder_area=”post_content”][et_pb_text _builder_version=”4.21.0″ _module_preset=”default” theme_builder_area=”post_content” hover_enabled=”0″ sticky_enabled=”0″]Florida’s Marchman Act provides legal procedures for court-ordered substance abuse assessment and treatment. Petitions filed under the act may be designated as “ex parte.” But what does this legal term mean and when does it apply? This blog examines ex parte petitions in Marchman Act cases.
Overview of Ex Parte Orders
In legal terminology, “ex parte” refers to motions, hearings, or orders granted based on a request from one party alone, without input from the opposing side. Ex parte proceedings allow certain actions without requiring notice to or presence of the other parties. For example, a Marchman Act petition filed “ex parte” means the petitioner is seeking an emergency order for evaluation without informing the substance-impaired individual. The initial petition is considered on its own merits rather than through an adversarial hearing. Ex parte orders are intended for urgent situations that require temporary, emergency action before a full hearing can be held. However, ex parte decisions can later be contested or reversed if deemed improper or unconstitutional.Ex Parte Petitions Under the Marchman Act
Florida’s Marchman Act establishes a legal process for obtaining involuntary substance abuse treatment through a court order. The act allows for ex parte petitions in limited circumstances. Specifically, sections 397.6797 and 397.6773 of the Marchman Act authorize emergency admission and stabilization, based on an ex parte petition, when a substance use disorder poses an imminent threat.When Ex Parte Petitions May Be Used
Ex parte Marchman Act petitions may be filed when there is:- Reason to believe the person is substance use impaired AND
- An immediate, life-threatening crisis requiring emergency action
Ex Parte Petition Process
To obtain an ex parte order under the Marchman Act, the petitioner files a request with the local circuit court. The petition and supporting documentation lay out grounds for emergency detention without prior notice or hearing. If the court finds probable cause that the statutory criteria are met, it will issue an ex parte order for law enforcement to take the individual into custody and transport them to the nearest appropriate treatment facility. After emergency admission, a full evidentiary hearing with proper notice must be held within the time allowed by law, typically 3-5 days. The facility may retain the person until the court rules on the petition seeking longer-term involuntary treatment.Situations Appropriate for Ex Parte Relief
Ex parte Marchman Act petitions should be limited to dire scenarios where extreme substance impairment poses an immediate threat to life, health, or safety. Possible situations include:- Active convulsions, seizures or delirium from withdrawal
- Severe self-injury or repeated suicide attempts
- Ongoing violence or physical abuse against family members
- An overdose requiring emergency medical intervention
- Child welfare risk due to extreme dysfunction or neglect
- Incapacitated with no caretaker available to provide basic life necessities
Less Appropriate Uses of Ex Parte Orders
However, ex parte petitions may be deemed inappropriate if there is:- Insufficient evidence of immediate, life-threatening impairment
- Time and ability to give notice for a regular hearing
- A less intrusive alternative to involuntary detention
- An ulterior motive or bad faith by the petitioner
Modifying or Dissolving Ex Parte Orders
The Marchman Act allows respondents to request changes to or dissolution of any ex parte order. This petition to modify or dissolve the emergency order may be filed before the preliminary hearing. To terminate the ex parte order, the respondent must provide evidence showing:- They do not meet Marchman Act involuntary treatment criteria
- Their circumstances have changed since the order was issued
- The emergency order subjects them to immediate harm
Ex Parte Orders Must Follow Legal Procedures
Ex parte proceedings always carry inherent risks of abuse, as they deny affected parties notice and hearing before government action. In substance treatment cases, an improper emergency order infringes on individual liberty. Accordingly, Florida courts emphasize that ex parte Marchman Act provisions must be used cautiously and narrowly. Petitioners must prove requisite legal grounds and exigent circumstances. And the respondent retains full due process rights to contest interim orders. Marchman Act petitions involve complex legal procedures and standards of proof. Experienced local counsel is essential to ensure correct use of ex parte requests and orders. This protects the legal rights of all involved.FAQs
FAQ 1: What does “ex parte” mean in a Marchman Act petition?
In a Marchman Act petition, “ex parte” refers to seeking an emergency court order for substance abuse evaluation and treatment without notifying the impaired individual in advance. It allows temporary involuntary commitment based only on the petitioner’s evidence.
FAQ 2: When can you file an ex parte Marchman Act petition?
Ex parte Marchman Act petitions may be filed only when there is evidence of immediate danger that requires emergency action before a full court hearing can be held. This includes things like severe withdrawal, suicide threats, violence, or incapacitation due to substance impairment.
FAQ 3: What happens after an ex parte Marchman Act petition is granted?
If an ex parte petition is granted, the court issues an emergency order for the individual to be transported to a treatment facility for involuntary admission and stabilization. A full hearing with proper notice must then be held within 3-5 days to determine if longer-term involuntary treatment should be ordered.
