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Basically, if a patient does well and goes along with treatment, they avoid consequences. But there are negative consequences under the Marchman Act if they do NOT comply. This is, after all, a court-ordered activity.

If an order for treatment and/or assessment has been entered and the Patient/Respondent is non-compliant in any way, ARLS will file a Petition to Show Cause with the court and bring the Patient/Respondent before the Judge to demonstrate “Good Cause” as to why the Judge should not find him/her in violation of the court order / be found to be in civil contempt of court. Generally, the judge will have a hearing, and if proven, give the Patient/Respondent one more opportunity to return to treatment and comply with the court order to avoid incarceration.

woman_being_talkedShould the respondent yet again fail to comply with the court order, they will be found in civil contempt and incarcerated for typically one week (although the court can impose a sentence of up to 6 months). It is important to note, serving time for contempt does not invalidate the existence or duration of the original order for treatment. The Respondent must continue treatment pursuant to the original order subsequent to being released from custody.

Experience has shown us that the act of simply filing the Order to Show Cause request and initiating a hearing typically provides an additional clinical tool for your staff. Once the Patient/Respondent has been served and is in court, more often than not, there is no need to move forward with a hearing, due to their almost immediate compliance. We will then continue the matter and schedule another court date. Our continued use of hearings before the court in a manner designed with the clinician’s input has been
expressed to us by many clinicians as an invaluable clinical tool.

Families of addicted loved ones are typically happy to hear that these consequences exist. The court’s contempt power, when properly utilized, creates a significant consequence, which simply never existed before.

Please contact our law firm to schedule complimentary Marchman Act training for your staff,
or to request your Free ‘Provider Info Packet’.