What to Expect in a Florida Domestic Violence Diversion Program

Domestic violence is one of the most common crimes committed in the United States. These crimes affect around 10 million people across the U.S. each year. In Florida, approximately 40% of women and 30% of men will experience domestic violence by either a partner or a family member in their lifetime. 

Domestic violence penalties in Florida can be harsh for the person that is being charged, and Florida law enforcement has an exceptionally strong stance against domestic violence. However, due to the high volume of these cases that are seen across Florida, there are options for those that find themselves facing these charges.  

Fletcher & Fletcher are highly experienced criminal defense lawyers that routinely deal with domestic violence cases, and work to combat these charges for their clients. 

Domestic violence, also referred to as domestic abuse, by law, is defined as a pattern of violence or threats between people in a current or past relationship, as well as relationships between family members. Domestic violence can include the following: 

In most states, any of the above actions taken by one person against the other would fall under domestic violence. However, in Florida, not all violent acts and/or abuse that occurs in relationships is domestic violence.

For people convicted of domestic violence, there are serious consequences and penalties. The Florida Statutes Section 741.283 lists all the mandatory minimum penalties for those that are convicted of their domestic violence charge. This statute includes:

Other penalties, determined by the judge upon conviction of the crime, include:

In addition to the above penalties, the State of Florida also requires convicted offenders to take part in a mandatory batterer’s intervention program.

When an individual is charged with domestic violence, most offenders often wait until trial for the judge to determine their consequences; however, there are options that one can discuss with their attorney. 

One of these options is to enter a Domestic Violence Diversion Program. These programs are a pre-trial intervention that allows the offender to complete educational courses and/or service requirements, rather than completing jail requirements and paying fines. 

When the offender enters a program, and completes their coursework and service successfully, the charges are dropped and the case is dismissed. 

Eligibility is determined by various factors, including the details of the case, the defendant’s criminal record, and feedback from the victim.

Once the Domestic Violence Diversion Program is appointed by the judge, the program is supervised by the County Sheriff’s Probation Department. The offender has 30 days from the time of their arraignment to decide to participate in the program. 

The offender first, pleads guilty, goes through sentencing, then enters the program. Upon successful completion of the program, the plea and case is dismissed. 

During the program, the offender will: 

If the individual does not comply with all the above, a sentencing hearing will take place and the offender will be sentenced based on the original guilty plea.

If you are being charged with or accused of domestic violence in Florida, it is important to reach out to an experienced criminal defense attorney who can explain what your options are. 

At Fletcher & Fletcher, we have worked with and successfully defended many clients from all walks of life. We have prepared them with everything they need to know about the accusations or charges they are facing, and their rights throughout this emotional process. Contact us today to get started on your case.