When There Is No Time to Wait
Emergency Marchman Act: How to Get an Ex Parte Order
When someone you love is in immediate danger from drugs or alcohol, you may not be able to wait for a regular hearing. An ex parte order lets a judge act right away, based on your sworn statement, and send law enforcement to bring your loved one to a licensed facility for assessment. If this is a life threatening emergency, call 911 first. Then call us and we will move fast.
Ex parte order at a glance
What an Ex Parte Marchman Act Order Is
The words ex parte mean from one side only. In a Marchman Act emergency, it means a judge can review your sworn petition and sign an order right away, without the person present and without waiting for a scheduled hearing. It exists for exactly the moment you may be facing now, when waiting could cost a life.
A standard Marchman Act case sets a hearing within about ten days. That timeline works for many families, but not when someone has overdosed before, is threatening harm, or has lost all control and could be gone before a court date arrives. The ex parte order closes that gap. A judge acts on your word, under oath, and directs the local sheriff to find your loved one and bring them to a licensed receiving facility for assessment.
When an emergency order is the right step
Judges grant ex parte orders when your sworn statement shows there is an immediate danger. You will need to show the court that your loved one has lost the power of self control over drugs or alcohol and, because of it, is likely to harm themselves or someone else, or cannot care for themselves, if nothing is done now. Specific, recent examples matter more than anything, so write down dates, what happened, and why you are afraid.
1. Document the Danger
Gather the facts that show immediate risk, such as recent overdoses, threats, dangerous behavior, or a sharp decline. Note dates and details. This is what the judge relies on.
2. File the Emergency Petition
Go to the Clerk of Court, Mental Health or Probate division, in the county where your loved one is. File the Petition for Involuntary Assessment and Stabilization with a sworn affidavit that establishes probable cause of immediate harm.
3. The Judge Signs and the Sheriff Acts
The judge reviews your petition immediately. If the criteria are met, the ex parte order is signed without a hearing, and the Sheriff's Office locates your loved one and transports them to the facility for assessment.
What happens after the order is signed
Once your loved one arrives at the receiving facility, a clinical assessment must take place within 72 hours, and the total assessment and stabilization period can last up to five days. During that window, professionals evaluate what kind of care they need. If the assessment shows ongoing treatment is necessary and your loved one still will not accept help, the next step is a hearing on court ordered treatment. You can read more about that in our guide to the full Marchman Act process.
You do not have to do this alone
Filing an emergency petition while you are frightened for someone you love is a lot to carry. We help families move quickly and correctly, so the paperwork is right the first time and nothing slows down getting your loved one to safety. Call us any hour and we will walk through it with you step by step. If your loved one is in immediate medical danger, call 911 first.
File in the County Where Your Loved One Is
An emergency petition is filed with the Clerk of Court in the Florida county where your loved one currently is. Our county guides give you the local courthouse, the Mental Health or Probate division, and how to file, so you do not lose time searching.
Common Questions
Emergency Marchman Act FAQs
What does ex parte mean in a Marchman Act case?
Ex parte means from one side only. The judge reviews your sworn petition and can sign an emergency order right away, without the other person present and without a scheduled hearing, when there is an immediate danger.
How fast can you get an emergency Marchman Act order?
A judge can review a properly completed ex parte petition the same day it is filed and sign the order immediately if the criteria for immediate danger are met. From there, the Sheriff's Office carries out the pickup. Having the paperwork right the first time is what keeps it fast.
Who can file an emergency ex parte petition?
A spouse, relative, legal guardian, licensed service provider, or an adult with direct personal knowledge of the substance abuse can file. You will swear to the facts that show your loved one is in immediate danger.
What happens after the judge signs the order?
The local Sheriff's Office locates your loved one and transports them to a licensed receiving facility. A clinical assessment happens within 72 hours, and the assessment and stabilization period can last up to five days while professionals decide what care is needed.
Is an ex parte order the same as a Baker Act?
No. The Marchman Act covers substance abuse and the Baker Act covers mental health crises. Both can involve emergency action, but they are different laws. Our Marchman Act vs Baker Act guide explains which one fits your situation.
Every Hour Matters. We Are Here Now.
If your loved one is in immediate danger from addiction, do not wait for a court date. Call us any time, day or night, and we will help you file an emergency petition and get them to safety as fast as the law allows. If this is a medical emergency, call 911 first.
Speak with a compassionate specialist who understands what you are going through.