Community Supervision: Domestic Violence Diversion
If a child is referred for a misdemeanor domestic violence charge, the complaint is referred to the
Domestic
Violence Diversion Program. There are two Probation Officers assigned to Community Services that deal
exclusively with domestic violence, one at SEF and one at DUR. When the file is received, it is reviewed to
see if the client is eligible for diversion. If eligible, a cite-in appointment is set and a standard
cite-in letter is mailed to the juvenile, parents and victim for two weeks in the future. The cite-in
appointment must be set within 30 days of receipt of the file. If not eligible for diversion, a Petition
Request is done by the Probation Officer and sent to the County Attorney. This would include cases where
the parents have sent the child to live out of state, or the juvenile is on, or was previously on, probation
in another state.
Even though a case may be eligible for diversion based on County Attorney eligibility criteria, the
Probation Officer can use discretion and refer the case directly to the County Attorney in cases where the
domestic violence action was too violent, threats of weapon-use exist, or it is judged that someone’s life
is at risk. In these cases a Petition Request is also done.
If the juvenile admits responsibility for the offense during the cite-in interview, the Probation Officer
can assign consequences, which are to be completed in 60 days. If juvenile denies the charge, a Petition
Request is done by the Probation Officer and sent to the County Attorney. If the juvenile fails to complete
the assigned consequences, a Petition Request is done by the Probation Officer and sent to the County
Attorney. It is then up to the County Attorney to decide whether a petition will be filed on the complaint.