Committee Reports

Choosing Between Batterers Education Program Models: Recommendations to the New York City Domestic Violence Criminal and Family Courts

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REPORT

CHOOSING BETWEEN BATTERERS EDUCATION PROGRAM MODELS: RECOMMENDATIONS TO THE NEW YORK CITY DOMESTIC VIOLENCE CRIMINAL AND FAMILY COURTS

A REPORT OF THE DOMESTIC VIOLENCE COMMITTEE OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

INTRODUCTION

Research on batterers education programs is still very much a work in progress. No studies, to date, definitively establish the efficacy of batterers education in reducing recidivism. Nevertheless, courts across the country and especially in New York City continue to use these programs in sentencing defendants convicted of or pleading to domestic crimes. (Peterson, 2003) Additionally, Family Court Judges may require attendance at a batterers program in family offense, custody, visitation and neglect proceedings.

Courts have numerous different types of program models available to them and it is critical that courts choose wisely. This report recommends that courts, whether criminal or family, mandate attendance only at programs that adhere to a strictly educational model, as described below, and only as one part of a more comprehensive effort to increase accountability for domestic violence offenses. Other program models may actually undermine the efforts of courts and other criminal justice agencies to hold batterers responsible for their actions.[1]

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Footnotes

[1] The Domestic Violence Task Force takes no position as to whether courts should refer offenders to batterers programs. Such referrals should never be a substitute for other appropriate sanctions such as jail or an order of protection. However, when courts choose to order programs as part of a sentence or disposition, we make the recommendations contained in this report.