People facing allegations of domestic violence have protections under the law. Among these is the possibility of entering into domestic violence diversion programs in Tempe. Completing these programs could help individuals get back on their feet and avoid further criminal prosecution related to a specific incident.
Regardless of your situation, reach out to an experienced attorney to discuss your legal options. With help from Grand Canyon Law Group, you can protect your rights, future, and way of life.
All instances of domestic violence or threats are illegal under state law. This can include assaults, threats, or stalking of a family member, romantic partner, or roommate. At the same time, many of these incidents may involve abuse victims defending themselves in the hope of scaring off an attacker or changing a negative pattern of behavior.
Recognizing this fact, state lawmakers authorized the creation of the Domestic Violence Excessive Response Diversion (DVER) program. This program aims to help the victims of domestic violence who have been arrested due to an excessive response against past abusers. The successful completion of this program will see the Deputy County Attorney filing a motion to dismiss the criminal charges that arose out of the incident. Domestic violence diversion programs in Tempe are a way for the victims of abuse to defend themselves and avoid criminal convictions.
While a diversion program is a powerful tool for people involved in domestic violence cases, it is not an option for everyone. Arizona Revised Statute § 11-365 says that prosecutors have discretion in offering this option to criminal defendants.
When determining whether to grant this option, prosecutors will evaluate:
A seasoned attorney at our firm could help evaluate a person’s specific circumstances to determine if they might meet the eligibility requirements for a domestic abuse diversion program.
Entry into a diversion program for domestic violence in Tempe is only the first step. Each case moves forward on an individual basis. Depending on the person’s intake evaluation, the program will assess their chances of offending again in the future. This will determine the length of the program, which will vary from 12 to 20 sessions. The program aims to provide victims of domestic violence with tools to avoid violent confrontations in the future.
People in the program must attend all sessions. They must also pay a maximum of $2,000 for their attendance in the program. Failure to attend a single session or pay the fees could result in a discharge and reopening of their criminal case. A Tempe attorney could help people comply with their domestic violence diversion programs or convince a prosecutor to allow their re-entry.
The victims of domestic violence and abuse may feel as though they have no other option than to fight back against their attackers. While these may be instances of self-defense, they can also lead to an arrest.
State law allows these people to petition for entry into domestic violence diversion programs in Tempe. Completing these programs will see the prosecutor recommending an end to prosecution related to the incident. Talk with a lawyer at Grand Canyon Law Group to better understand these diversion programs and whether they could be the right choice for you. Call today for more information.