Diversion Programs Available in Domestic Violence Cases
Being charged with domestic violence is very stressful. You may be wondering if you will have to appear in court and if you are facing jail time. You may even wonder what happened to the relationship between you and your accuser. Fortunately, being accused of domestic violence, even formally, does not necessarily mean you will be sentenced to jail time. Below, one of our Fort Lauderdale domestic violence defense lawyers outlines diversion programs that can help you avoid other criminal consequences.
When are Diversion Programs Available?
Diversion programs are not available in all domestic violence cases. There are many factors the prosecution will consider when making decisions about alternative sentences. These include:
- Your criminal record
- The severity of the alleged offense
- The wishes of the alleged victim
- Your willingness to take responsibility for the offense
- Your level of commitment to address underlying issues
If you have previous convictions for domestic violence, you caused serious injury, or have previously completed a pretrial diversion program, then a diversion program in your domestic violence case is likely not available.
What Do Diversion Programs Involve?
In Florida, diversion programs may offer a path to avoid conviction and address underlying behavior issues. The programs usually run for 12 to 18 months and the program components typically include:
- Substance abuse treatment, if necessary
- Batterers’ intervention or other anger management programming
- Parenting courses, if there are minor children involved
- Regular court appearances, to assess progress
- Payment of court costs and program fees
- Refraining from contact with the alleged victim
- Random alcohol and drug testing
The requirements for defendants are based on the specific facts of a case and the individual’s circumstances. A full commitment is required to succeed in domestic violence diversion programs. For example, your child may have witnessed domestic violence and so, you are required to take a parenting class as part of your program. If you fulfill all other components but not the parenting course, you will have not completed the program.
What Happens if You Do Not Complete a Diversion Program?
If you fail to meet any of the necessary requirements, you will be ejected from the diversion program and face several consequences. These include:
- Continuation of criminal charges: Your criminal case may continue as though it was never interrupted. This may require you to go to trial and defend your case. You will lose the opportunity to have your charges dismissed.
- Automatic sentencing: In some jurisdictions in Florida, being kicked out of a diversion program may cause you to be immediately sentenced to a previously agreed-upon plea. This could include an adjudication of guilt which would lead you to become a convicted criminal or even felon.
- Criminal penalties: If you are found guilty during the criminal process, you may face jail time, high fines, and other penalties that completion of the program would have avoided.
- Criminal record: If you do not complete the program, you will have a criminal record of the arrest, and potentially of a conviction.
Our Domestic Violence Defense Lawyers in Fort Lauderdale Can Provide Legal Advice
If you have been accused of domestic violence, you do have legal options. At Haber Blank, our Fort Lauderdale domestic violence defense lawyers can review them with you and prepare a strategy that will give you the best chance of a successful outcome. Call us today at 954-767-0300 or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
