1. Does it work?
Typically, "Does it work?" questions how many men have
stopped being abusive as a result of being in a batterer program. Research
on this subject and anecdotal reports have provided dubious, inconclusive
and questionable results. Simply put, batterer programs cannot be relied
upon to change even the very small percentage of abusive men who will ever
be ordered into them. We say this in spite of the fact that reports from
batterer programs across the country provide widely varying answers.
NY Model batterer programs aim to redefine the question. With offender accountability
being key, we want to know whether courts take orders to batterer programs
seriously. Fearing that both parking and speeding tickets get better enforcement,
we are questioning what courts do when men ordered to batterer programs don’t
go, get dismissed or drop out on their own. When the answer is consistent,
that there is a more serious consequence levied, we will say, “Yes,
batterer programs work. They are one form of sanction used by the courts
to hold offenders accountable and as such, a part of a larger strategy of
social change.
2. Why have batterer programs
at all?
Batterer programs began long before our movement had developed the
analysis that it has today about domestic violence. With the best of intentions,
expectations for batterer programs may have been misplaced. "Today
we should think about what this means without fearing the possible damage
that a realistic appraisal could do to the large apparatus established nationally
for mandating and delivering batterer programs." Dr. Chris O’Sullivan
went on to say, "Maybe it is not the programs that need to go, but
the expectations of what they can do."
3. Does the model say men
cannot change?
No. We know men can change. Any man who chooses to address sexism
and its effects on him (and all men) can change. Any man can end his abuse
toward women. Personal transformation is possible and occurs all the time.
What we challenge is the concept that a batterer program is an effective
vehicle for doing so. What happens, however, is that when we expose this
truth, we are frequently misinterpreted to be saying the rather silly notion
that men cannot change.
4. Is this a “one size fits all” program?
The criticism of “one size fits all” most always seems filled
with mockery. How could anyone think that a “one size fits all” program
makes any sense? Surely “batterers” are different from each other.
All of us are unique. But, the criminal justice system is not supposed to
be. We have all heard that justice is blind – or at least is supposed
to aspire to that ideal. Domestic violence advocates have historically asked
the courts to treat domestic abuse cases in relation to the crimes committed,
not in regard to the relationship of the offender to victim, nor his race,
class or celebrity status. If that means one size fits all – that is
what we want.
And once ordered to a NY Model batterer program, we believe it is incumbent
upon us to hold each participant to exactly the same standard of adherence
to policies and procedures. With utmost respect and consideration of race,
class and other differences, we live up to the movement standard of “holding
offenders accountable.” One size fits all.
5. But what about men who want to volunteer to
be in your program?
Why
is the program only for court-ordered men?
The programs that evolved into the NY Model for Batterer Programs all
began by accepting both court-ordered and "voluntary" men. As we
developed beliefs about domestic violence and batterer programs, it became clear
that a batterer program should not be open to voluntary or self referred men.
We discovered that those who were not court ordered often seemed motivated by
the
need to placate their partners and/or the system. As a result, once that seemed
accomplished, there was no consequence to erratic attendance or to stopping all
together. The program itself had no real authority. At the same time, we recognize
that there ought to be forums where the material presented can be made available
to the general public – and we urge communities with batterer programs
to participate in the establishment and operation of those forums. Our challenge
to those same communities, however, is to NOT call them “batterer programs” and
to NOT take attendance. If there is real desire to learn and grow, attendance
records should not make a difference.
6. Can the participant join
the program if previously
terminated from this/another
program?
Yes. Referrals are accepted as long as the court or referring agent is prepared
to impose a consequence if the referred person fails to comply with the court
order. History, other than his being a danger to staff or other persons at our
program sites, does not disqualify a person from attending a NY Model batterer
program. (We recognize that he is always a potential danger to his partner).
7. How long is each session?
Does it
have to be 90 minutes?
No. It is a tradition for some NY Model batterer programs to do so. Our recommendation
is that whatever time is prescribed, programs keep to it. We are aware of NY
Model programs that operate 75 and 120-minute sessions.
8. What is the fee for the program?
Why are men charged a fee to attend the sessions? And doesn't charging a
fee also
mean taking
money from "her"?
Fees are consistent with other forms of penalties imposed by courts.
They are another element in holding offenders accountable. In our programs, fees
are assigned on a sliding scale determined by income. The fees cover a very small
portion of program costs. As to “taking money from her,” in some
way, of course, it may. So does time taken away from work in going to court,
or to jail. His behavior negatively impacts battered women in many ways, including
the costs his penalties incur. To date, this has not been a compelling reason
for battered women’s advocates to suggest that we not hold him financially
accountable for his acts.
9. Do you provide confidentiality
for the men in the program?
No. When participants register for the program they are read a statement which
states that participation in a NY Model program is not confidential. Participants
sign-off that they have heard and understand that the program is not confidential.
This is in keeping with the fact that NY Model programs are presentation, discussion
and Q&A, not personal sharing and not treatment.
10. What are your policies
on drugs and alcohol?
Included in registration information given to each participant is that
if staff suspects drug or alcohol use, they will dismiss the participant from
that session and he will be marked absent.
11. Do you give tests and homework?
No. As for tests, it is not required that anyone learn anything in particular.
The important lesson is that he has been held accountable by the court. And if
we did test, and someone got 100% on all tests, it would not say anything at
all about his behavior with his partner. If he chooses to learn and integrate
the material taught – that is up to him entirely. As for homework, if we
gave it, we would have to be prepared to do something about those who did not
do it. We do not give homework.
12. What do you do with a man
who
says
that
he
doesn’t belong in this program?
We suggest he take that up with the court or agent of the court that sent him
in the first place. We are not accusing or exonerating. Our role is to clarify
what he must do to satisfy his order to attend the program.
13. You say you do not
allow disrespectful behavior by the men in the
sessions.
How do you define disrespectful behavior?
The standards of respectful behavior are routinely a topic in our weekly staff
development and training meetings. The right to decide is fully in the hands
of the two staff members facilitating the session. If they deem a participant
to be disrespectful or disruptive, they will say so and give the participant
an opportunity to stop the problematic behavior. If he does not, he is dismissed
from that session. If a participant feels he was dismissed from a session unfairly,
he can call the office the next day and request a hearing. Under most circumstances
a hearing is granted. We hold ourselves to a very high standard of fairness and
respect toward all participants.
14. How do you address the issue
of non-English-speaking
participants?
We provide translation during registration for all non-English speaking
referrals. However, it is not possible to offer sessions in languages other than
English or Spanish at this time. When confronted with the question of what to
do with non English or Spanish speaking participants, the battered women’s
movement advocates advise us to keep those men in the program. They want the
court to have the same accountability mechanism available for those men – as
it does for English and Spanish speakers.
15. What is the model
based on?
NY Model batterer programs are based on 25 years of experience and learning
and interacting with battered women’s advocates from our local community,
our state and from across the United States. The model is a service to the courts
that can be used to extend both the accountability and monitoring functions.
16. If we change our batterer program
to the NY Model, we are concerned that court referrals may drop significantly.
Will they?
Likely they will – for a time. In the communities we serve,
court referrals did drop significantly as we clarified that we were not offering
rehabilitation
nor reporting markers of success. Instead, we were clear and straight forward
about the service that we COULD provide. We used phrases such as, service
to the court, extension of judicial monitoring, additional sanction and offender
accountability. These ideas were new, took a while to take hold and slowly
began to be accepted - one court at a time.
NY Model programs cannot operate as businesses . . . by accepting inappropriate
referrals due to (understandable) concerns of losing money. Instead, we must
be part of the social change movement in this country - to end domestic violence.
With determination, commitment and support
from the battered women's movement, courts come to highly value the NY Model
and referrals will go up.
17. What happens if a man is re-ordered to
a NY Model batterer program after being dismissed?
As with initial orders to a NY Model batterer program, we urge that a re-order
be used only if it is the most serious sanction available to the court. It
must also be clear that if he again does not comply with the order and/or
program policies, he will face a court imposed consequence.
When a NY Model batterer program accepts a man back on a re-order, he must
re-register and start over at session #1. To allow him to pick up where
he left off would be tantamount to no real consequence for his dismissal.
Under these terms, NY Model batterer programs do not limit the number of
re-orders the court may make.
18. But
what about women? Don’t
women
abuse too? Don’t women also commit violence against men?
Of course. Women can be mean, abusive and violent toward their
intimate partners. The perspective we share on this issue, however, is
systemic and not
individual. History and culture point to the pervasiveness of men’s entitlements,
across the globe, to control women’s lives. This is the backdrop in which
domestic violence became a social norm. This is fully borne out by statistics,
no matter what reporting flaws are conceded. Another point is that typically,
male domestic violence offenders control, dominate and terrorize their partners.
Also typically, women who abuse are defending, fighting back, retaliating and
rarely causing fear or disturbing the flow of their partner’s lives. It
is noteworthy that the systemic supports of men’s domestic abuse are exposed
by the harsh differential in punishment women get when tried for similar crimes.
19. Doesn't it take "two
to tango"?
Does this question suggest that a man cannot be abusive unless
his intimate
partner “dances” too? If so, the answer is no, it does not take two.
Men’s violence against women can start and stop with him alone. Further,
no matter what provocation is used to justify why a man abuses his intimate partner,
there is no situation that he cannot handle civilly. From the mundane dinner
being overcooked to the controversial affair with another man, there is no provocation
that justifies abuse. If women were to make no behavior changes whatsoever, men’s
abuse of women could be ended.
20. What
about when women “push
men's buttons?”
There are some expressions that are so deeply entrenched that we accept
them without question. “Pushing buttons” is one. It most often refers
to moments when a partner defies an abuser’s limit or crosses a line that
he has set. When examined, “pushing buttons” ends up as nothing other
than a justification for abuse. And while we surely understand the deep frustrations
and annoyances in intimate partner relationships, we are unshakable around issues
of responsibility for one’s actions.
21. But
what about women
who stay with abusive
men? Isn’t it their
fault too? Why do they stay?
Perhaps this is the most common question asked about the issue of domestic
violence throughout the history of the battered women’s movement. There are many,
many thoughtful answers. One that we like begins by exposing that the question
itself assumes that women are stupid. (i.e. “Why does she stay?” gets
said. “She must be stupid.” doesn’t.) Our belief is that women
are intelligent and make life saving decisions every day for themselves and
their children. As such, the question should be changed to “What is wrong
with our communities – with our society in general – that makes
the decision
to
stay with an abuser the choice for so many women?”
22. What
about victim
safety?
Batterer programs have a long history with victim safety being part
of their mission, purpose, program, etc. The NY Model for Batterer Programs
no longer does. As we evolved over years, we recognized that the program plays
a
role solely between offenders and courts. We no longer believe that batterer
programs can or do enhance victim safety. Our greatest concern is that we do
not compromise women’s safety – especially by representing false
hope. If we play any role in victim safety, it is not particularly related
to the individual women partnered with men in the program. Safety is enhanced
significantly
in light of the overall social change impact that the NY Model might have.
By shifting both expectations about batterer programs and the appropriateness
of
effective court responses for those cases that end up there, women as a group
would be better protected from domestic abuse.
23. But
what about anger
management?
Some of the earliest batterer programs in the United States included
anger management strategies. Many still do. We follow the lead of battered
women’s
movement foremother Susan Schechter and thank her for exposing the unsuitability
of this approach. Many will remember her question, “If it is about anger,
how come he only takes it out on the woman who is his partner? When his boss,
or a police officer or the judge on his case infuriates him, how come he holds
off on being abusive until he gets home to his partner?” As a result, we
talk about men who are abusive as expert anger managers – already skilled
with the tools and techniques to control themselves – when they want
to.
[Click
to download reference article: Policy
Statement Against Couples Counseling & Anger Management in DV Cases]
24. But what about mental
health treatment?
From the outset, batterer programs were seen as a form of treatment
where the desired result would be cure, i.e. no more abuse. The NY Model acknowledges
that as a misguided beginning. Today, the purpose of the NY Model for Batterer
Programs is serving civil and criminal courts with accountability and monitoring
functions. It is critical that batterer programs be clearly differentiated
from mental health treatment. Our analysis is based on domestic violence as
historically
rooted in our country – not as individual pathology.
[Click
to download
reference article: Mental
Health Treatment with Men Who Batter]
25. But what about partner contact
or couples counseling?
Partner contact is another staple for many batterer programs – and
part of the history of our programs as well. After years of thoughtful discussion
with advocates, the NY Model policy is that we will make no contact with partners
of men in our programs. The domestic violence movement’s advocates are
in place to deliver those services and we ought never to be in competition.
At the same time, it is NY Model program’s responsibility to provide
no cost, on-going training to local battered women’s programs. A title
used for that training explains its goal: “What Every Battered Women’s
Advocate Needs to Know about Batterer Programs: In Order to Best Support Battered
Women
and to Educate Others in the Community.”
26. What
about batterers in the GLBT (Gay, Lesbian, Bisexual, Transgender) community?
NY Model program providers are involved in and working closely with
the GLBT anti-violence and domestic violence community. Given the current
state of the discourse on batterer programs, we believe that if batterer
programs have not yet been started in the GLBT community, they should not
be started. It would better serve the community to enhance victim services,
focus energy and resources toward organizing a coordinated community response
and explore ways to change the social norms that allow intimate partner abuse
to continue unabated.
27. Do NY Model programs
work in collaboration with other agencies and community
groups?
It is imperative that NY Model programs work closely with community groups,
especially battered women’s programs, groups representing the needs and interests
of people of color and domestic violence coordinating councils. At the request
of the battered women’s program, NY Model programs attend many other
community forums as well.