Domestic Violence Intervention Program (DVIP)
The State Attorney’s Office in Hillsborough County might offer a diversion program for a first-time accusation of domestic violence.
The domestic violence intervention program (DVIP) is a diversion program that ultimately results in the charge being dropped and the prosecution being terminated if all conditions are met within the allotted time.
DVIP essentially diverts criminal cases away from the courts in Tampa and Plant City, FL.
Entering a diversion program for a domestic violence battery case is NOT the best option if you are innocent or the prosecutor can’t prove the accusation beyond all reasonable doubt at trial.
Completing the sanctions imposed in the diversion programs can be extremely time-consuming and expensive.
If you are a professional licensed to do your job, entering a diversion program might be career-ending. For many professionals, entering a diversion program is considered an admission that you were guilty of the underlying offense.
For example, the handbook for many county school boards in Florida provides that a teacher or certified educator must self-report entering any “diversion program” within forty-eight ( 48) hours to appropriate authorities (as determined by district) even if the teacher was not required to report the arrest or the filing of charges.
Suppose you are rejected from the diversion program because you are not eligible or fail to meet one of the special conditions.
In that case, the prosecutor with the State Attorney’s Office will file a request for a new court date that provides:
“This is to advise that the above-referenced defendant has been rejected from the Domestic Violence Intervention Program (DVIP).
Please schedule for arraignment and issue a summons for the defendant to the updated address on file.”
Don’t consider entering a diversion program in Hillsborough County, FL, until you are sure it is in your best interest after talking to an experienced criminal defense attorney.
Attorney for DVIP in Hillsborough County, FL
If you are considering entering a diversion program for a domestic violence charge but are concerned about its impact on your career, contact an attorney at the Sammis Law Firm.
During the initial consultation, learn about rejections from DVIP, PTI, MIP, RIDR, or other diversion programs in Tampa, FL.
We can help you fight the charges aggressively so that you can fight for the best result in your case.
Our domestic violence attorneys in Tampa, FL, are familiar with how domestic violence cases are prosecuted in Hillsborough County, FL.
For a domestic violence case in the Thirteenth Judicial Circuit, we can help you fight the case whether your case will be prosecuted at the courthouse in Tampa or Plant City, FL.
Call (813) 250-0500 today.
Requirements for the Domestic Violence Intervention Program in Tampa, FL
Completing the Domestic Violence Intervention Program (DVIP) in Tampa and Hillsborough County, FL, requires complying with various special conditions explained in this article.
The DVIP program was created for men and women accused of domestic violence. The program is designed to reverse the cycle of domestic violence and keep the family unit intact.
DVIP requires the alleged offender to complete the Batterer’s Intervention Program explained in F.S.S. 741.281, which might require 16, 26, or 26 weeks of recommended treatment, a substance abuse evaluation, and/or other recommended treatment if deemed necessary.
Additional requirements include that the defendant obtains no new criminal charges, no contact with the victim (unless there is a request to modify signed by the victim), and $75 cost
of supervision for the first month and $55 a month thereafter, and additional costs to be paid to the service provider.
To complete the program, the defendant must enter a guilty plea to the charges to participate in this eight-month program.
If the defendant completes the program, the plea will be vacated, and the case will be nolle prossed (dropped). To accomplish this task, the State Attorney’s Office will file a “notice of administrative nolle prosequi.”
The notice states that the state attorney’s office has determined that dismissal of the charges without prejudice is appropriate based on the defendant’s successful completion of DVIP.
When the notice of administrative nolle prosequi is filed, the defendant typically becomes eligible to expunge the underlying criminal record (assuming they have no prior convictions for any criminal offense in Florida).
The application to expunge the record is sent separately to the Florida Department of Law Enforcement.
You should also know that the State Attorney’s Office for the Thirteenth Judicial Circuit, in and for Hillsborough County, FL, has announced a policy to seek the relinquishment of firearms from domestic violence defendants.
The relinquishment of firearms occurs through:
- bond conditions;
- plea agreements;
- terms of probation, and
- entry into diversion programs such as the Domestic Violence Intervention Program (DVIP).
This applies to any defendant who has been charged based on probable cause with having committed an act of domestic violence.
Types of Domestic Violence Offenses Eligible for DVIP
Most domestic violence offenses are not eligible for the adult pre-arrest diversion program (APAD).
For the Domestic Violence Misdemeanor Intervention Program, the defendant must be charged with one of the following offenses:
- Domestic Violence Battery
- Domestic Violence Assault
- Disorderly Conduct in a Domestic Relationship
The State Attorney’s Office determines whether the criminal charge is eligible for diversion on a case-by-case basis, depending on the facts surrounding the charge.
Eligibility for the domestic violence diversion program requires that the defendant has no prior adult felony arrests and/or convictions and not more than one prior conviction for a non-violent misdemeanor crime.
A defendant is only permitted to participate in this program once in a lifetime. Additionally, the victim must consent to the defendant’s participation in this program.
List of Providers for DV Batterers Intervention Program – Visit the website of the Florida Courts to learn more about the providers of Batterers Intervention Programs in Florida. As required by s. 741.30(6)(a)5, Florida Statutes, the court will provide a list of approved batterers’ intervention programs if the court orders participation. The trial court administrator’s office maintains the list in each circuit.
Domestic Violence Service Providers in Hillsborough County, FL – Visit the website of the Thirteenth Judicial Circuit in and for Hillsborough County, FL, to find a list of service providers for domestic violence accusations. The State of Florida requires a $30.00 screening fee payable at orientation by cash or money order. Additional payments required for each session are set at $10.00 per session with the sliding scale documentation of income, including pay stub with current year-to-date information or tax returns which must be provided at orientation to receive consideration for the following scale for the income session fee that ranges from $25 per session for $0 – $20,000 income to $40 per session for income of $30,001 or higher. For the Thirteenth Judicial Circuit, the list currently includes the Domestic Violence Intervention Program with Joni Stewart with offices in Riverview and Tampa, Intervention Enterprises, Inc., MacDill Air Force Base Family Advocacy Program, Robert C. Wright, Ph. D. & Associates, and Veterans DVIP James A. Haley VA Hospital.
This article was last updated on Thursday, May 4, 2023.