What are Domestic Violence Diversion Programs?

If you have been accused of physically assaulting or verbally abusing a family or household member, you may be charged with domestic violence, also known as domestic assault. Tennessee does allow certain defendants to avoid a conviction on their record by completing certain conditions, known as diversion. To be placed on judicial diversion, you must apply to the Tennessee Bureau of Investigation. The state does offer judicial diversion programs for certain defendants who qualify, as determined on a case-by-case basis.

If you are facing domestic violence charges, do not hesitate to contact our Nashville domestic violence attorneys.

Who Can Face Domestic Violence Charges in Nashville?

In Tennessee, a domestic assault charge can be imposed if you have an altercation with any of the following persons:

• Your spouse;
• A former spouse;
• Someone you live with;
• Someone you used to live with;
• Someone you are dating;
• Someone you previously had a romantic relationship with;
• A family member (either through blood or adoption); or
• Someone with whom you have children.

What is Judicial Diversion?

A conditional plea of guilt, judicial diversion is available when a defendant either pleads guilty or nolo contendere, or a guilty verdict is rendered. If the defendant complies with the conditions of the diversion program, then the guilty plea will be dismissed, and the conviction will be eligible for expungement. Eligibility for judicial diversion will depend on the defendant not having any prior felonies or Class A misdemeanor offenses on their record. While entering a conditional guilty plea may feel unjust, you will be able to erase the offense from your record and wipe the slate clean.

Eligibility

Judicial diversion is available for a wider scope of offenses than pre-trial diversion (in which the district attorney’s office agrees not to prosecute your case), including domestic assault. Eligibility for a judicial diversion program will depend on meeting the criteria as stated in TN Code §40-35-313 (B)(i). Successful completion of a diversion program will allow you to avoid a criminal record, preserve your ability to apply for renewal of any professional licensure, and maintain your reputation within the community.

Survivor’s First Initiative in Nashville, TN

Oftentimes, individuals who are survivors of domestic violence are named as defendants simply because they attempted to defend themselves against their aggressor. A recent diversion program, known as the Survivor’s First Initiative, was created to help individuals who are misidentified as abusers. The program was created through a partnership between the Davidson County District Attorney’s Office and the YWCA Nashville and Middle Tennessee. While not a traditional diversion program, it features the following types of support:

• Risk assessment
• Case management
• Safety planning
• Access to shelter
• Therapy, including career counseling
• Legal advocacy
• Adult education

To qualify for the Survivor’s First program, you must be a known survivor of intimate partner violence, be facing a misdemeanor charge (which most domestic assault charges are), and have no severe or ongoing mental health or substance abuse issues.

Nashville Domestic Violence Attorneys Advocating for You

Given the government’s tendency to press charges without learning the full story, many domestic violence charges are baseless. At Andrew C. Beasley, PLLC, we are dedicated to helping domestic violence defendants avoid imprisonment. Our Nashville domestic violence lawyers are here to lend an ear, both to what happened and your concerns. If you are interested in learning how our legal team can be of assistance, do not hesitate to contact us online or by calling (615) 846-9889 today.