Mental Health Diversion for Domestic Violence Charges in California

In California, domestic violence charges generally do not qualify for most diversion programs, BUT there is a specific exception under penal code section 1001.36, the mental health diversion statute.

What is the mental health diversion statute? The statue deals with individuals who have suffered and arrest or allegation of domestic violence, but suffer from a mental health challenge. The statute can apply to domestic violence cases if certain standards are met:

1. Diagnosis of a qualifying mental illness, such as bipolar disorder, schizophrenia, schizoaffective disorder, or PTSD by a qualified professional
2. That mental illness was a significant factor in committing the domestic violence offense.
3. The individual prose is no unreasonable risk to public safety and is likely to benefit from treatment.
4. Defendant consent, waves his speedy trial rights and is willing to comply with the terms of diversion.
5. The court oversees an agreed-upon treatment plan, this can be for one year on misdemeanors or two years on felony cases.

Importantly, domestic violence is NOT specifically excluded under the statute, but, you will need strong evidence that mental health condition directly contributed to the offense and the court permission at the judges discretion with DA input

BUT:

Penal code section 1001.95 (judicial diversion) excludes all domestic violence offenses.

Also, Mental health courts, generally except nonviolent offenders, but some counties in California, explicitly disqualify, domestic violence, even if the defendant has a mental health condition that has been diagnosed.

Domestic violence charges alone won't qualify for most diversion programs, but mental health diversion under penal code section 1001.36 can be an option, but only when the above outline conditions are satisfied in the court degrees.

Importantly, you must have a diagnosis and evaluation linking the offense to the mental health illness, as well as evidence that you are safe to receive community based treatment and support from your attorney, treatment providers, and ideally the District Attorney. The district attorney does not have to consent to any of this, and they frequently object, but if you have met the above elements, you are in good shape and likely to succeed.

Unsuccessful completion of the program the charges will be dismissed and may be sealed by the judge.

The law offices of William M. Weinberg, an Irvine, California attorney, recommend you speak to us regarding domestic violence and mental health version. We have years of experience in this area. We will guide you through all of the necessary and relevant elements, including mental health evaluation that connects your condition to the incident. We also file motions to divert under these code sections.

Please call William Weinberg at 949-474-8008 to discuss your matter further. His office covers matter in Orange County, across Southern California, and all the cities of Orange County, including Irvine, Newport Beach, Santa Ana, Fullerton and Westminster.