Domestic Violence Diversion Programs in Orange County: Can Your Charge Be Dismissed?

For many people facing a domestic violence charge in Orange County for the first time, the most urgent question is: can this go away?

The answer, in many cases, is yes. Orange County has both a misdemeanor and a felony pretrial diversion program specifically designed for domestic violence cases. Successfully completing one of these programs results in the dismissal of the charge by the State Attorney’s Office. No conviction. No permanent criminal record for that offense.

But eligibility is not automatic, the programs come with strict requirements, and diversion is not always the right path for every person or every case. This article will provide you with a practical breakdown of how these programs work, who qualifies, and what to consider before deciding whether to pursue one.

What Is Pretrial Diversion?

Pretrial diversion, often called PTD or PTI (pretrial intervention), is a deferred prosecution program. Rather than proceeding to trial or entering a plea that results in a conviction, an eligible defendant agrees to complete a set of program requirements over a defined period of time. If those requirements are met in full, the State Attorney dismisses the charge.

The legal foundation for these programs in Florida is §948.08, which authorizes pretrial intervention programs for first-time offenders charged with misdemeanors or third-degree felonies. The Ninth Judicial Circuit, which covers Orange and Osceola Counties, has operated a pretrial diversion program since 1974.

In Orange County, the program is offered by the Office of the State Attorney and supervised by the Orange County Community Corrections Division. Acceptance is not a right; it requires the State Attorney’s approval, and in domestic violence cases, it typically also requires the alleged victim’s consent.

The Two Programs: Misdemeanor vs. Felony

Orange County maintains two separate diversion tracks for domestic violence cases, and their distinction matters because the eligibility rules, requirements, and strategic considerations differ significantly between them.

Misdemeanor Domestic Violence Diversion

This program is available to defendants charged with misdemeanor-level domestic violence offenses, including domestic battery, assault, stalking, criminal mischief, and disorderly conduct in a domestic context.

Program length: 12 months of supervision

Core requirements include:

• Completion of a 29-week Batterers’ Intervention Program (BIP)
• Compliance with no-contact or no-hostile-contact conditions
• Substance abuse evaluation and treatment if recommended
• Regular reporting to a pretrial diversion officer
• No new arrests or criminal charges during the program

Eligibility requirements:

• No prior felony arrests or convictions
• No more than one prior conviction for a non-violent misdemeanor
• No prior participation in a domestic violence diversion program (this program is available once in a lifetime)
• No prior violations of a domestic violence injunction
• Consent of the alleged victim
• Approval by the State Attorney’s Office

Charges that typically disqualify a defendant from this track include cases involving strangulation, serious physical injury, the use of a weapon or firearm, or substantial force. Those cases may still be eligible for the felony diversion track depending on how charges are filed.

Upon successful completion, the State Attorney dismisses the charge. The defendant may then be eligible to petition for expungement of the arrest record, though expungement is a separate proceeding and is not guaranteed or automatic.

Felony Domestic Violence Diversion

Orange County also offers a felony pretrial diversion program for certain third-degree felony domestic violence cases. This program follows the same general structure as the misdemeanor track but carries more intensive requirements.

Program length: 12 months

Core requirements include:

• 100 hours of community service
• Active participation in counseling and all scheduled appointments
• Compliance with program officer referrals, which may include drug or alcohol evaluation, mental health evaluation, and urine screenings
• Monthly supervision fee of $20
• One-time drug testing fee of $30
• $100 non-refundable cost of prosecution fee due within 60 days
• Stable employment or full-time student status, verified throughout the program
• No new arrests or criminal activity during the program period
• No out-of-country travel

Eligibility for the program requires full disclosure of any prior criminal history, including juvenile records, arrests, and cases where adjudication was withheld. Concealing prior history is grounds for automatic revocation. Cases involving weapons or firearms, extreme violence, or sexual allegations are generally not appropriate for the felony diversion track.

Upon successful completion, the charges are dismissed. The State is then barred from prosecuting the original offense.

What Happens If You Don’t Complete the Program?

This is a question worth taking seriously before signing any diversion contract.

If you fail to comply with the program’s conditions (whether through a new arrest, a failed drug test, missed appointments, or an undisclosed address change) your case can be revoked and returned to active prosecution. A Review Board composed of an Assistant State Attorney and a representative from the Department of Corrections hears revocation matters. If your participation is revoked, prosecution of the original charge proceeds and the time spent in the program does not reduce or eliminate the potential penalties.

The program also requires waiving the right to a speedy trial for the duration of participation. That is not a reason to avoid diversion, but it is a condition to be aware of before signing.

Is Diversion Always the Right Choice?

Not necessarily, and this is where experienced local counsel makes a real difference.

Diversion is often the right path when the evidence is strong, the charge is serious, and completing a structured program is a realistic outcome. It allows a first-time defendant to avoid a conviction, protect their record, and move forward.

But it’s worth considering the full picture before accepting a diversion offer. Diversion may not be the right move if:

• The underlying facts do not support the charge and a stronger defense is available
• The charges may be dismissible through other means, such as suppression of evidence or prosecution challenges
• The program requirements create genuine hardship that risks revocation
• The felony diversion track’s conditions are more burdensome than what a negotiated resolution might produce

The State Attorney’s Office has a 21-day window after arrest to make a filing decision. That period is often the most important window in the entire case—and it is exactly when having a defense attorney presenting mitigating information to the prosecutor can change the trajectory of what happens next. Sometimes the better outcome is no charges filed at all, which is a different result than completing a diversion program.

What About Seminole County?

Seminole County also maintains both misdemeanor and felony pretrial diversion programs for domestic violence cases, with similar eligibility requirements and structures. Cases in Seminole County are handled through the Criminal Justice Center in Sanford. The approval process, program conditions, and strategic considerations mirror those in Orange County in most respects, though there are procedural differences worth understanding at the county level.

If your case is in Seminole County, the same general guidance applies: the earlier an attorney is involved, the more options exist for influencing how the case is handled before and after the filing decision.

After Diversion: What Happens to the Arrest Record?

Completing a pretrial diversion program results in the dismissal of the charge, but it does not automatically erase the arrest from your record. The arrest will still appear in a background check as a dismissed charge unless you take further legal action.

After the case is dismissed, you may be eligible to petition for expungement of the arrest record under Florida law. Expungement is a separate proceeding with its own eligibility requirements. Not everyone who completes diversion will qualify, and the petition process takes time.

This is one reason why the record outcome of a diversion program is not identical to a case that was never filed or was dismissed outright. An attorney can help clarify what record outcome is realistic in your specific situation and whether expungement is likely to be available.

What to Do If You’ve Been Arrested for Domestic Violence in Orlando

The decisions made in the first days after a domestic violence arrest shape nearly everything that follows. Here is what matters most in that window:

Get an attorney involved immediately. The 21-day filing window is a real opportunity to influence whether and how charges are filed. Presenting mitigating evidence to the prosecutor before a charging decision is made can change the outcome significantly.

Do not contact the alleged victim. If a no-contact order was issued at your first appearance, contact in any form is a separate criminal offense, regardless of what both parties want.

Do not discuss the case with anyone other than your attorney. Statements made informally, including on social media, can become evidence.

Start gathering documentation. Any communications, records, or context that relates to the incident or the relationship should be preserved.

At Rentz Law, understanding which path is right for each client is exactly what the initial consultation is for. Diversion is a legitimate and often excellent option. It is also not the only one. The goal is always to understand the full picture, assess the evidence, and pursue the outcome that best protects your future. Contact an Orlando Domestic Violence Attorney today.

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Frequently Asked Questions

Do I automatically qualify for diversion if it’s my first arrest? No. Eligibility requires the State Attorney’s approval and, in domestic violence cases, typically the alleged victim’s consent. Prior criminal history, the nature of the charge, and the specific facts of the case all factor into the determination.

Can diversion be used for felony domestic violence charges? Yes, in certain cases. Orange County offers a felony pretrial diversion program for qualifying third-degree felony domestic violence charges. Cases involving weapons, extreme violence, or sexual allegations are generally not eligible.

Will my record be clean after I complete the program? The charge will be dismissed, but the arrest record remains until you separately petition for expungement. Expungement is not automatic and has its own eligibility requirements under Florida law.

Can I be referred to diversion more than once? No. The domestic violence misdemeanor diversion program is a one-time opportunity. Prior participation in any diversion program is a disqualifying factor.

What if the alleged victim does not consent to diversion? Victim consent is typically required for the domestic violence diversion track. If consent is not given, diversion through this specific program may not be available, though other negotiated resolutions may still be possible depending on the facts.

What is the Batterers’ Intervention Program? The BIP is a structured 29-week educational and counseling program focused on domestic violence awareness and conflict resolution. Completion is a required condition of the misdemeanor diversion track. Fees for the program are the participant’s responsibility.

If you’ve been charged with domestic violence in Orange County or Seminole County and want to understand whether diversion is an option in your case, contact Rentz Law for a confidential consultation. 

This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Program requirements, costs, and eligibility criteria are subject to change; always confirm current program details with the State Attorney’s Office or your defense attorney. Contact Rentz Law directly to discuss the facts of your specific situation.