Re-evaluating the Domestic Re-evaluating the Domestic Batterer Evaluation:Batterer Evaluation:

A Closer LookA Closer Look

Tom Wilson, MA LCPCTom Wilson, MA LCPC

Statutory Requirements and RulesStatutory Requirements and RulesIdaho Code 18-91 (8)Idaho Code 18-91 (8)

DDomestic Battery omestic Battery EvaluationsEvaluations..

Criminal Rule 33.3Criminal Rule 33.3 Qualifications of evaluatorsQualifications of evaluators

EvaluationsEvaluations

Domestic Assault andDomestic Assault andAdvisory BoardAdvisory Board

Reviews and appoints Reviews and appoints evaluators.evaluators.

Reviews CEU and renews Reviews CEU and renews appointmentsappointments..

Idaho Code 18-91

Criminal Rule 33.3

Advisory Board

Qualifications for Appointment Qualifications for Appointment

State Licensed State Licensed ProfessionalsProfessionals

One year’s experience in One year’s experience in the assessment or the assessment or treatment of domestic treatment of domestic violence related issuesviolence related issues

Specialized education or Specialized education or training in domestic training in domestic violence matters.violence matters.

Application Form

An affidavit of compliance with requirements

Copy of current professional license.

Role of EvaluatorRole of Evaluator

Original Role of EvaluatorOriginal Role of Evaluator(Circa 1996)(Circa 1996)

Whether defendant Whether defendant should be required to should be required to obtain aggression obtain aggression counseling or other counseling or other appropriate treatment. appropriate treatment.

Evolving Role of EvaluatorEvolving Role of EvaluatorAssist the criminal justice Assist the criminal justice system to identify system to identify offenders who will need offenders who will need closer supervision.closer supervision.Identify those with special Identify those with special treatment needs.treatment needs.Match severity of problem Match severity of problem with intensity of with intensity of intervention.intervention.Provide a realistic rating Provide a realistic rating of risk to victims for safety of risk to victims for safety planning.planning.

Other Reasons for EvaluationsOther Reasons for Evaluations

Condition of

Probation

Child Protection Hearings

Allegations of Child Abuse

or Neglect

Protection Order

Hearings

Child CustodyLitigation

Domestic Battery

Evaluation

Arrested/ Charged Violating IC-18-91

Pleads Guilty or

Found Guilty

Victim wants no contact

order quashed

Plea bargains to lesser offense

DB Evaluation Ordered

DB Evaluation Requested or

Required

DB Evaluation Requested or

Required

Attorney wants independent evaluation

DB Evaluation Requested

Submitted to court

Submitted to client,

maybe court

Submitted to client ,

maybe court

Submitted to attorney and client

Referral Sources

Professional Competencies Professional Competencies

Gender and

Culture Issues

Knowledge of

Intervention and

treatment

Ethics and

Professional Conduct

UsesIndependent

sources of information

Risk Assessment

Tools

Evaluator’sPersonalBeliefs

and Biases

Knowledge of Victim

Dynamics

Interviewing Skills

Knowledge of Risk Factors or Markers

EvaluatorEvaluatorCompetenciesCompetencies

Quiz Question #1Quiz Question #1

In order for behaviors to be considered In order for behaviors to be considered abusive, there must be some form of abusive, there must be some form of physical contact.physical contact.

FALSE: Abuse can be physical, sexual, FALSE: Abuse can be physical, sexual, emotional, economic, or social. An abuser emotional, economic, or social. An abuser intends to control by frightening or harming the intends to control by frightening or harming the victim. If the partner is frightened or harmed, and victim. If the partner is frightened or harmed, and the incident is part of a pattern in which the the incident is part of a pattern in which the abuser uses his or her power against the victim, abuser uses his or her power against the victim, that can be considered abuse, whether or not that can be considered abuse, whether or not there is physical contact.there is physical contact.

QUIZ QUESTION #2QUIZ QUESTION #2

Battering is as prevalent in same-sex Battering is as prevalent in same-sex couples as in heterosexual couples.couples as in heterosexual couples.

TRUE: Although the research is scant, TRUE: Although the research is scant, evidence suggests that gay male couples evidence suggests that gay male couples and lesbian couples have similar and lesbian couples have similar prevalence rates and similar patterns to prevalence rates and similar patterns to heterosexual couples.heterosexual couples.

QUIZ QUESTION #3QUIZ QUESTION #3

A victim of domestic violence is usually A victim of domestic violence is usually someone who is passive, submissive, or someone who is passive, submissive, or unassertive in all aspects of her or his life.unassertive in all aspects of her or his life.

FALSE: Victims of domestic violence can be FALSE: Victims of domestic violence can be any personality type and any occupational or any personality type and any occupational or achievement level. The difference between achievement level. The difference between behavior in public and behavior in the behavior in public and behavior in the privacy of an intimate relationship can be privacy of an intimate relationship can be great, for any of us.great, for any of us.

QUIZ QUESTION #4QUIZ QUESTION #4

Domestic violence implies an intention Domestic violence implies an intention of one person to exert control over the of one person to exert control over the other.other.

TRUE: We see the abuse of power with TRUE: We see the abuse of power with the intent to control ones partner as the the intent to control ones partner as the defining element of domestic violence. defining element of domestic violence. While particular behaviors vary, this While particular behaviors vary, this intention is basic.intention is basic.

QUIZ QUESTION# 5 QUIZ QUESTION# 5

In some cases, a relationship in which one In some cases, a relationship in which one partner has hit the other partner may not be partner has hit the other partner may not be an abusive relationship.an abusive relationship. TRUE: While many of us consider hitting to be TRUE: While many of us consider hitting to be an abusive behavior, no matter what the an abusive behavior, no matter what the circumstances, there are situations in which circumstances, there are situations in which hitting is not part of a pattern of domination and hitting is not part of a pattern of domination and control. control. Examples: Hitting in self-defense or hitting which Examples: Hitting in self-defense or hitting which neither frightens nor physically injures the other neither frightens nor physically injures the other person. The context and the pattern are person. The context and the pattern are important .important .

QUIZ QUESTION #6 QUIZ QUESTION #6

Threats of suicide are abusive to Threats of suicide are abusive to oneself, but cannot be considered oneself, but cannot be considered abusive to one's partner.abusive to one's partner.

TRUE: If threats of suicide are TRUE: If threats of suicide are repeatedly used to control the partner, repeatedly used to control the partner, they can be part of a pattern of abuse.they can be part of a pattern of abuse.

QUIZ QUESTION #7QUIZ QUESTION #7

Victims of domestic violence are safer Victims of domestic violence are safer once they have left the abusive partner.once they have left the abusive partner.

False: In fact, the opposite is true. It is False: In fact, the opposite is true. It is important for practitioners to be aware important for practitioners to be aware that deciding to leave an abusive that deciding to leave an abusive partner and leaving increase the risk of partner and leaving increase the risk of violence. Therefore, safety planning is violence. Therefore, safety planning is extremely important.extremely important.

QUESTION #8QUESTION #8

There may be valid reasons for someone to There may be valid reasons for someone to stay in the relationship with an abusive stay in the relationship with an abusive partner, i.e. the costs of leaving may partner, i.e. the costs of leaving may outweigh the gains.outweigh the gains.

TRUE: In addition to risks of the batterer's TRUE: In addition to risks of the batterer's response, there are other risks involved with response, there are other risks involved with leaving for many people. These include leaving for many people. These include economic and social consequences, as well economic and social consequences, as well as the loss of what is valued in the as the loss of what is valued in the relationship for oneself and/or children.relationship for oneself and/or children.

QUIZ QUESTION #9QUIZ QUESTION #9

The percent of women in the US who The percent of women in the US who will be physically assaulted by an will be physically assaulted by an intimate partner in adulthood is closest intimate partner in adulthood is closest to:to: 10% 25% 50% 75% 10% 25% 50% 75% 25% seems to be the most accurate 25% seems to be the most accurate estimate. This is based primarily on estimate. This is based primarily on national surveys of married and cohabiting national surveys of married and cohabiting women in the US and includes only women in the US and includes only physical assaultphysical assault..

QUIZ QUESTION #10 QUIZ QUESTION #10

Red flags for intimate abuse include: Red flags for intimate abuse include: (check all which apply)(check all which apply)

o Extreme poverty Extreme poverty o Dissatisfaction with relationship Dissatisfaction with relationship o Frequent unexplained injuries Frequent unexplained injuries o Unusual level of jealousy or Unusual level of jealousy or

possessiveness of partner possessiveness of partner o Unwillingness to allow separate interviews Unwillingness to allow separate interviews

Scope and Content Scope and Content

Identifying information Identifying information Risk AssessmentRisk AssessmentSubstance AbuseSubstance AbuseSelf-AssessmentSelf-AssessmentTest Results (If any - Test Results (If any - substance psychological substance psychological testing , I.Q., etc.)testing , I.Q., etc.)Collateral informationCollateral informationPersonality/character Personality/character assessmentassessmentBehavioral Behavioral observations/mental statusobservations/mental statusRecommendationsRecommendations

Sources of InformationSources of InformationPolice reports Police reports

Defendant Statements to PoliceDefendant Statements to Police

Victim statements to policeVictim statements to police

Witness statementsWitness statements

““Excited utterances” Excited utterances”

Defendant’s current version of incidentDefendant’s current version of incident

Victim’s version of incidentVictim’s version of incident

Interviewing VictimsInterviewing Victims

Sensitive QuestioningSensitive Questioning

Avoid loaded wordsAvoid loaded wordsbehaviors vs. label. behaviors vs. label.

Avoid questions that begin with "why"Avoid questions that begin with "why"

Denial is a critical and useful strategy for Denial is a critical and useful strategy for survivorssurvivors

Regard survivors as experts on their own Regard survivors as experts on their own liveslives

Although denial is common, survivors know Although denial is common, survivors know their partners well and can usually judge their partners well and can usually judge pretty accurately what will increase their pretty accurately what will increase their risk. risk.

If the person tells you that something you If the person tells you that something you recommend will escalate the risk (place recommend will escalate the risk (place her/him in greater danger), this is probably her/him in greater danger), this is probably true. true.

Conducting the Interview Conducting the Interview

Informed ConsentInformed ConsentReflectionReflectionOpen ended questionsOpen ended questionsRead police reports and Read police reports and victim statement before victim statement before interviewinginterviewingAvoid labels, describe Avoid labels, describe behaviorsbehaviorsAccountability/remorse Accountability/remorse questionsquestionsProblem recognitionProblem recognitionReadiness for treatmentReadiness for treatment

Risk Prediction InstrumentsRisk Prediction Instruments

Tolman’s PMWI

Abusive Behavior Inventory

Psychological Tests

DSM 4 Criteria

LethalityAssessments

Conflict Tactics Scale

Domestic Violence Inventory

Victim’sPrediction of

Risk

Gut Feeling

Campbell’s Danger

Assessment

SARA Check List

Risk to VictimRisk to Child

Approved Providers Approved Providers

Governed by minimum Governed by minimum standards of treatment.standards of treatment.Are approved by the Are approved by the Oversight committee.Oversight committee.Do not substitute anger Do not substitute anger management, couples management, couples counseling or individual counseling or individual therapy for batterer therapy for batterer treatment.treatment.Assume a therapeutic Assume a therapeutic role with clientrole with clientMay use different May use different models of treatment models of treatment

Example: Duluth Model Example: Duluth Model

See This On the WebSee This On the Web

To see this presentation on the webTo see this presentation on the web

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Email: Email: twcc@tomwilsoncounseling.comtwcc@tomwilsoncounseling.comTom Wilson Counseling Center

514 So. Orchard, Suite 101 Boise, ID 83705Ph 208-368-9909 Fax 208-388-1687