The Role of Tucson’s Behavioral Health Diversion Program in Domestic Violence Cases

What Is the Diversion Program in Tucson?

Oftentimes, couples or individuals who find themselves caught up in some type of domestic violence charges end up there because of bad communication, escalating tensions, miscommunication, and an inability to properly handle their stress and anger. There are certainly people who are violent and uncontrollable and need to be removed from their homes and sent to jail. Still, just as frequently, people in these situations benefit from mental and behavioral health alternatives to being locked up.

One such Arizona diversion program in Tucson is the Behavioral Health Diversion Program. The program is designed for people who have ended up with domestic violence charges but whose circumstances make them likely to find improvement and correction through a program other than jail. It is an excellent opportunity not available in many places, making the Tucson program both unique and a much more desirable alternative.

What Charges and People are Eligible for the Diversion Program?

It’s important to know that the program’s existence does not guarantee that someone will be able to participate in it. The diversion program allows specific individuals to be eligible, while others are not. One requirement is that the person must have been charged with a domestic violence offense.

A key eliminating factor comes from the state law that allowed for the program’s existence in the first place, namely that the person applying for the diversion program cannot have been charged with using or discharging a deadly weapon or a dangerous instrument during the infraction. In addition, the court also considers other factors such as their previous criminal history and likelihood of success within the program. Other considerations may be considered for individual cases, which is why a definitive and comprehensive list is not possible. That’s why your best option is partnering with an attorney team like the one at Mulembo Law, which has experience helping many people get into this diversion program.

What are the Requirements for the Diversion Program?

In addition to the requirements listed above to get into the diversion program, there are a series of requirements to remain in the program and eventually “graduate” from it.

The first requirement is the cost of the program. There is a city fee, an intake fee, a monthly monitoring fee, and a small fee per class attended. The city and intake fee can run to a little over $200, with the monthly monitoring around $50 and each class fee about $25; however, these prices are subject to change.

Another requirement of the program is participation in counseling and therapy sessions, as well as potential anger management. The court will also detail other requirements for the individual joining the program. These additional requirements may include community service, potential restitution to affected parties, and remaining free of other charges during the duration of the program.

What are the Benefits of Going to a Diversion Program?

There are many benefits to entering a diversion program, the first and most obvious of which is that it allows the person with the charges to avoid jail time. That would be the best benefit on its own, but others are equally valuable in other ways.

First, entering a diversion program leaves the person with no criminal record. This is especially beneficial to someone charged for the first time because it keeps the record completely clean. That can mean rights and opportunities not extended to people with criminal records are still available, from voting and owning certain weapons to having broader employment opportunities.

Secondly, the freedom to remain out of jail and in a program means your life and progress have not been interrupted. You can keep your job, save, or at least work on your relationships, and not have an interruption of anywhere from several months to years from being locked up. There’s no “starting over” point where you have to explain gaps in employment and other inconvenient issues.

Finally, diversion program attendees provide the opportunity to concentrate on personal improvement. Going to jail punishes a person for the act done, but does very little to help them understand how they got where they are and how to evolve and improve so they don’t make the same mistakes again. The diversion program isn’t simply an alternative form of punishment, but a training and learning process that allows the person who made the mistake to learn a better way to handle the situation and themselves. Many people simply need the emotional and coping tools to know how to handle a citation better, something that they will never get from simply ending up in jail. Without that coaching and learning process, they risk being back in the same situation later in their life because they never learned the valuable skills that the diversion program provides.

For all these benefits and more, Tucson’s Behavioral Diversion Program should be exactly the kind of opportunity that anyone facing these charges should seek out.

Do I Need an Attorney to get into a Diversion Program?

While individuals can handle most aspects of the law without being required by the court to have an attorney on their case, including trying to get into a diversion program, the truth is that the best chance they have is by working with an attorney. It is possible that you can find all the information you need to follow all the processes and details described throughout this article, completing each step on time, with the proper paperwork, and without making any mistakes that would delay or outright negate the option of the diversion program. Still, it’s a considerable risk to take.

When jail time is the likely other option, it’s not a good idea to risk losing it if there is a better choice. That’s why connecting with an experienced and compassionate attorney like the team at Mulembo Law is the better answer to your problem. We’re ready to help you fix your situation and get you into a diversion program that will provide the opportunity you need to make progress and get back on your feet. Call us at 520-462-5110 and we can get started right away!