Diversion Programs for Domestic Violence in OC: Are You Eligible?

For most misdemeanor cases that are nonviolent, there are diversion options available from the Orange County District Attorney. When someone is eligible for these programs, their case is diverted for a period of time while they attend classes, donate a financial sum, or carry out other aspects of the agreement.

If you’re looking for a domestic violence diversion program, you should start by talking to your lawyer. Even when you are successful in joining a diversion program, there is often an admission of guilt involved. For child custody cases, immigration, and other purposes, this admission may have serious ramifications, even if it isn’t a guilty plea. Because of this, you should always talk to a domestic violence family law attorney or immigration lawyer before making a decision that will affect your case.

With a pre-plea or pre-trial diversion program in Orange County, you are given classes, rehab, financial requirements, or other programs in lieu of going to jail. If you successfully complete all of the requirements in your diversion program, the charges do not go on your record.

Recently, Proposition 36 made major changes to diversion program options in California. Under the new laws, some wobbler offenses for shoplifting and petty theft can now be charged as felonies. The total dollar value can also be aggravated together across multiple thefts to add up to $950 and qualify as a felony.

Similarly, Proposition 36 allows drug offenders to be diverted into treatment-mandated felonies. Instead of being charged with a misdemeanor, the individual is given a treatment-mandated felony. They must complete treatment in order to have the felony charges dismissed. Otherwise, the charges are reinstated and they are given up to three years in state prison.

While drug crimes, in certain cases, may be diverted into treatment-mandated felonies, this isn’t true for domestic violence diversion programs. Under Penal Code 1000, violent crimes aren’t eligible for diversion. Specific counties, such as San Francisco, also specifically forbid defendants from entering a diversion program if domestic violence is involved.

You won’t find a domestic violence diversion program in Orange County for most domestic violence charges. Orange County did create the FIRST Point Diversion Program for mental health-related issues in 2022. Under Proposition 36, treatment-mandated felonies are also a possibility for drug offenses.

There is also a young adult court pilot program in Orange County where offenders between the ages of 18 to 25 who are charged with a qualifying felony can get housing support, food assistance, and other help. If successful, felony charges can be reduced to misdemeanors.

However, it’s important to note there are no specific domestic violence diversion programs in Orange County. Instead, many diversion programs exclude violence-related charges.

If you have been charged with domestic violence, you need to get professional legal help. Most prosecutors will not allow domestic violence defendants to take part in diversion programs. Instead, you will need to fight the charges with the help of a skilled attorney.

Immediately after your domestic violence arrest in Orange County, you should take action.

• First, cooperate with the police. While you should be polite, you should also take advantage of your right to remain silent. Do not fight the arrest or argue.
• Ask for an attorney. This halts any interrogation or interview, and your domestic violence attorney can help you determine the best steps in your case.
• Do not contact the victim. Under the terms of restraining orders and protective orders, contact also includes having a friend or someone else reach out to the victim on your behalf.
• Listen to your attorney. Your lawyer will help you determine the best steps for your domestic violence case. Even if the DV charge is reduced to a misdemeanor or diverted, it can impact CPS and criminal cases. Because of this, you should always talk to an attorney about the legal impact of your court case.

For more information on a domestic violence diversion program and how to defend your case, reach out to our skilled attorneys today.