Diversion Guide
Domestic Violence Diversion in California: Which Legal Path Is Being Discussed?
People often search for “domestic violence diversion” as if it were one program. In California it is not. Different laws may apply, some exclude certain domestic violence offenses, and treatment by itself does not create eligibility. Your attorney can tell you which path, if any, fits your case.
Quick answer
Is There Domestic Violence Diversion in California?
- California does not have one general diversion program for domestic violence cases.
- Mental health diversion under Penal Code §1001.36 may be considered in some cases if its requirements are met.
- Judge-granted misdemeanor diversion under §1001.95 lists certain domestic violence offenses among those it does not cover.
- A 52-week batterer program is often a probation term under §1203.097. It is not the same as diversion.
Separate questions
Domestic Violence Case + Possible Treatment Path: These Are Not the Same Legal Question
Two lanes comparing legal questions in a domestic violence case with treatment questions, joined by defense counsel.
Legal questions
- What is charged
- Which diversion law, if any, applies
- Whether exclusions apply
- What the court decides
Defense counsel decides how, or whether, treatment is presented
Treatment questions
- What a clinician recommends
- Whether treatment has started
- What records exist
Penal Code §1001.36
Mental Health Diversion Is a Separate Law
Penal Code §1001.36 lets a court consider diversion when a qualifying mental health disorder played a significant role in the charged offense and other requirements are met. The statute lists offenses it does not cover. Domestic violence charges are not automatically included or excluded; counsel must check the current text against the charge.
Penal Code §1001.95
Judge-Granted Misdemeanor Diversion and DV Exclusions
Penal Code §1001.95 lets a judge offer diversion for many misdemeanors. It also lists offenses a judge may not divert under that section, including certain domestic violence offenses such as Penal Code §§273.5 and 243(e). Read Misdemeanor Diversion in California for the general rules.
Penal Code §1203.097
Batterer Programs Are Usually a Probation Term
When probation is granted in a covered domestic violence case, Penal Code §1203.097 sets required terms, including a batterer’s intervention program of at least one year. That program is part of probation. Enrolling in one does not, by itself, make someone eligible for diversion.
Negotiation
Plea Agreements and Early Treatment Are Different Things
Some cases resolve through plea agreements that include treatment or classes. That is a negotiated result, not diversion. Starting treatment early may help counsel present a fuller picture, but it does not require the prosecutor or court to agree to anything.
Legal note
Domestic violence law is complex and changes. Only a licensed attorney can say which laws apply to your case.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate clinical assessments, treatment, monitoring and records, and share them with counsel when you authorize it. ETS does not decide eligibility or run a batterer’s intervention program unless separately approved to do so.
Responsibilities
Who Does What?
Defense attorney
Identifies which laws may apply and advises you.
Prosecutor
Takes positions on diversion and plea terms.
Court
Decides diversion, probation and protective orders.
Treatment provider
Assesses and treats. Does not decide eligibility.
ETS
Coordinates services and records. Does not practice law.
Questions
Domestic Violence Diversion: Frequently Asked Questions
Sources & Legal References
Confidential consultation
Support While Counsel Handles the Law
ETS can coordinate assessments, treatment and records for your attorney.
Get Help Now