A federal judge from Alabama will enter a pre-trial diversion program to resolve a misdemeanor battery case against him that involved allegations he hit his wife during a fight at an Atlanta hotel.

Under terms agreed to Friday, U.S. District Court Judge Mark Fuller did not enter a plea to the criminal charge. Instead, he agreed to spend up to 24 weeks in a domestic violence intervention program and undergo an alcohol and substance abuse assessment. If Fuller completes the program, the case against him will be dismissed and his arrest record expunged, according to his attorney, Jeff Brickman.