1. Only court-ordered men will
be registered in a NY Model batterer program.
Accepting self-referrals would only undermine the purpose of the NY Model.
Men who are self-referred (voluntaries, situation, family-referred, etc.) sign
up for batterer programs with good intentions. If, however, batterer programs
don’t work – why allow this? If these same men are invested in
real change, we would encourage communities to make sure there are programs,
courses, groups, etc. where it would be appropriate for them to go. We would
also strongly urge that such forums be called anything other than the misleading
name, batterer programs.
In NY Model batterer programs, when participants fulfill their required number
of sessions, their names are removed from the roster and they may not continue
to attend.
2. A court order must be for a minimum of 26 sessions.
To reflect the seriousness of domestic violence offenses and the appropriate
severity of this sanction, orders to NY Model batterer programs are not to
be less than 26 sessions. An additional key element is that the participants
are only allowed to attend one session per week. As to duration of sessions,
they are best to be time certain and no less than 75 minutes.
3. There must be a court imposed
consequence for non-compliance.
All too often, orders to attend a batterer program have been ‘throw-away’ orders,
in that those who did not comply would simply ‘fall through the cracks.’ In
essence, this has created a mockery of the criminal justice system, with regard
to the punishment and monitoring of most domestic violence offenses. Imposing
no consequence for non-compliance has led to derision of the court response
and of the entire system – from victims, advocates, community members
and abusers, alike.
What’s more, when there has been no court-imposed consequence, the victims
of domestic crimes are left with a sense of abandonment by the very criminal
justice system that is in place to penalize offenders for those crimes. Accepting
only those participants for whom there will be a consequence for non-compliance
will redress this problem.
4. An order to attend is not appropriate as a diversion from a more serious
consequence.
NY Model batterer programs urge the court to only use an order to attend if,
based on the seriousness of the crime, it is the most serious penalty possible.
Perhaps there are some crimes where a warning or other lenient response may
be appropriate. This is never the case with domestic abuse. Some reasons include:
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– An appearance in court is never
for a first incident of abuse; domestic violence involves a pattern
of behavior
– A serious penalty signals court and community disapproval of domestic
violence
– Victims, often as frightened of the court as of the abuser, are witness
to public affirmation of the seriousness of crimes committed by her
partner, against her. |
5. NY Model programs only operate
in relationship to the battered women’s movement and in support
of their local domestic violence coalition.
Batterer programs should only be developed in relationship to the battered
women’s program/s within their community. Batterer programs that do not
do this undermine the leadership that battered women’s programs should
have in the community. Even worse, such programs significantly increase the
danger to individual battered women.
6. The courts hold men accountable for crimes against
their female intimate partners. NY Model programs do not. They do hold men
accountable to comply with their court order to attend.
NY Model programs have clearly articulated attainable, doable policies, procedures
and practices…with specific, reasonable, clear absence policies. All
participants are held to the same standards.
Note: It is critical to clarify that we cannot (1) compel
men to stop abusing their partner or (2) know if men
are abusing their partner. Therefore, we cannot hold participants
accountable for ongoing acts of abuse.
Many programs have been lulled into believing that a participant’s good
behavior while in a program translates into good behavior at home. This is
a dangerous and false impression. Not only have "star" program
participants been arrested for domestic violence crimes, but so have exemplary
program staff.
7. Once policies and procedures are established, it is imperative that participants
are held to them in a routine, fair and just manner.
Remembering the overall purpose of the program helps to maintain this standard.
In the largest sense, a NY Model batterer program signals that our courts and
our communities take domestic violence crimes and offenses seriously. If the
court deems it appropriate, not only must a defendant attend the program, he
must fully comply with the programs policies.
It is then incumbent on the program to do the same. For example, if there is
a policy that no participant can be late for class, then late equals absent for
everyone, all the time. No excuse is acceptable. If this or any rule feels
unjust, then
change
it – for everyone.
Perhaps for the first time, participants are being held accountable – in
this instance, for compliance with program policies.
8. NY Model batterer programs must be dedicated to meticulous reporting to
courts1 concerning
participant adherence to attendance and other program policies.
We take seriously that the lives of referred persons are entrusted to us. We
realize the enormity of this responsibility and, therefore, devote much time,
money and staff energy to running these programs. If a NY Model batterer program
is to open, its staff members must be prepared for a major commitment to meticulous
reporting procedures.
9. NY Model batterer programs do not make contact with partners of men who
are ordered to attend.
Battered women are best served by advocates and organizations that are expert
on issues related to domestic violence. If partners of men in the program contact
us, we urge them to contact the battered women’s program in their community
and will assist them in making that contact.
10. NY Model batterer programs do not punish participants.
NY Model programs are grounded in a practice of respectful interaction with
all participants at all times. This particular requirement has been fundamental
from the earliest rendition (late 1970’s) of our model. If there is to
be punishment levied for an act of domestic violence, that should appropriately
come from the courts, the family or the community, never from the staff of
a NY Model batterer program.
To help maintain this very important focus, we remember that the participants
are the men in our community and in our families – little or no different
from our brothers, fathers, husbands, boyfriends and sons.
When the courts levy a sanction for domestic violence, the purpose is to impose
punishment for the offense committed. It is also the court’s responsibility
to ensure compliance with that order.
A further demonstration of a NY Model program’s respect for those who
are ordered is evidenced by our curriculum. We do not believe participants
are a subset of men, deficient in material, skills or information that other
men have. The opposite is true. We present the same material and information
to NY Model program participants as we do to audiences in our national training
institutes.
11. NY Model batterer programs evolve and change as
new information and experience becomes apparent.
The earliest batterer programs were developed in the mid 1970’s in the
United States. Since then, a vast amount of experience, anecdotal information
and research has continuously offered new insights about these programs.
The NY Model “architects” have always been willing to update and
improve all aspects of the model. Commitment to change takes precedence over
the difficulties in doing so. This must continue to be true for NY Model batterer
programs.
1 Courts
or agent of the courts (Probation, Social Service Caseworkers, Parole, etc.)
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