How Delaware's First Offender Domestic Violence Diversion Program Works: Eligibility & Timelines

A domestic violence arrest in Delaware can turn your life upside down. The prospect of facing jail time, a permanent criminal record, and the loss of your reputation is overwhelming. However, the Delaware justice system recognizes that some situations are isolated incidents that require rehabilitation rather than harsh punishment. If this is your first interaction with the criminal justice system in New Castle, Kent, or Sussex County, you may be eligible for a specialized program that can save your future.

The First Offender Domestic Violence Diversion Program (FODVDP) provides a structured pathway to keep a domestic violence charge off your permanent record. This procedural guide will explain exactly how the program works, the strict eligibility requirements, the financial costs of mandatory counseling, and the timeline for successful completion. If you are facing charges, you can find a dedicated criminal defense attorney in our US Lawyer Directory to help you navigate this process.

What is the First Offender Domestic Violence Diversion Program?

Governed by 10 Del. C. § 1024, the FODVDP is a voluntary diversionary program designed for individuals facing their first domestic violence misdemeanor charge. While general misdemeanor offenses in Delaware may qualify for probation before judgment under 11 Del. C. § 4218, subsection 11 Del. C. § 4218(b)(1) explicitly excludes domestic violence charges, routing them exclusively into this specialized framework. Instead of proceeding to a trial in the Family Court of the State of Delaware, Wilmington, the defendant enters a guilty plea that is held "in abeyance" (paused). The defendant then agrees to follow strict probationary rules and complete specialized counseling. If all terms are met successfully, the court dismisses the charges entirely, allowing the individual to avoid a criminal conviction and eventually seek an expungement.

Exceptions: Who is Disqualified from FODVDP?

Not everyone qualifies for this second chance. The Delaware Attorney General's Office screens defendants rigorously. You are generally disqualified from entering the diversion program if:

• You have any prior conviction for a violent felony or misdemeanor involving domestic violence.
• You have previously participated in this or any similar domestic violence diversion program.
• The current charge involves a felony, such as assault causing serious physical injury, strangulation, or the use of a deadly weapon.
• The incident involved a violation of an existing Protection from Abuse (PFA) order.

Furthermore, the prosecution must consult with the alleged victim before offering the program. While the victim does not have an absolute veto, their strong opposition can heavily influence the State's decision.

Step-by-Step Program Requirements and Timeline

Entering the diversion program is a commitment. It requires strict adherence to court orders over an extended period. Here is the typical timeline and process.

Step 1: The Election to Participate

During your arraignment or case review, your defense lawyer will negotiate with the Delaware Department of Justice, Wilmington (or your local county branch) to offer the program. Under 10 Del. C. § 1024(d), you must execute a formal First Offender Election application, waive your right to a speedy trial, and enter a guilty plea. The judge will accept the plea but will not enter a conviction on your record.

Step 2: Court-Mandated Counseling and Probation

You will be placed on probation under the supervision of the court. Under 10 Del. C. § 1024(d)(2), the cornerstone of the program is undergoing an assessment and completing an offender intervention program certified by the Domestic Violence Coordinating Council (DVCC), such as those provided by CHILD, Inc. or Turning Point. This typically requires weekly group sessions for 18 to 40 weeks (usually 26 to 27 sessions). Online classes are strictly non-compliant with DVCC standards. You must attend every session, participate actively, and remain completely free of any new arrests.

Step 3: No-Contact Orders

In most cases, the court imposes a strict "no-contact" order with the victim as a condition of probation. This means absolutely no phone calls, texts, or third-party messages. Sometimes, if the victim requests it and the counselor agrees, the court may modify the order to allow peaceful contact, but you must strictly follow whatever the judge commands.

Financial Obligations and Penalties

Participating in the diversion program is not free. The burden of covering the costs falls entirely on the defendant.

Costs of Court-Mandated Anger Management

You are responsible for paying the fees for the initial domestic violence clinical assessment (usually around $75 to $100) and the weekly counseling sessions. Depending on the DVCC-certified agency, classes typically cost between $25 and $50 per session, which may be adjusted on a sliding scale. Over the full curriculum, certified counseling can cost over $1,000. Additionally, you will be required to pay court costs, victim compensation fund fees, and monthly probation supervision fees.

What Happens if You Fail the Program?

The consequences of failing the FODVDP are severe. If you miss too many counseling sessions, fail a drug test, get arrested for a new crime, or violate the no-contact order, the probation officer will file a violation. Because you already entered a guilty plea at the start of the program, there is no trial. The judge simply lifts the abeyance, enters the guilty conviction onto your permanent record, and proceeds immediately to sentencing, which can include jail time.

Long-Term Impact on Your Record

Many defendants wonder how this program affects their employment prospects while they are completing it.

Does Diversion Show Up on a Background Check Before Completion?

Yes. While you are actively in the program, a deep background check will usually show an open case or a "pending/probation" status. It does not show up as a conviction, but the arrest record is visible. Once you successfully graduate from the program, the charges are officially dismissed under 10 Del. C. § 1024(e). However, the record of the arrest remains on your file until you proactively file a petition for expungement under Delaware law to seal the records permanently.

Frequently Asked Questions (FAQ)