Understanding the Idaho Domestic Battery Evaluation
1. Re-evaluating the DomesticRe-evaluating the Domestic
Batterer Evaluation:Batterer Evaluation:
A Closer LookA Closer Look
Tom Wilson, MA LCPCTom Wilson, MA LCPC
2. Statutory Requirements and RulesStatutory Requirements and Rules
Idaho Code 18-91 (8)Idaho Code 18-91 (8)
DDomestic Batteryomestic Battery
EvaluationsEvaluations..
Criminal Rule 33.3Criminal Rule 33.3
Qualifications of evaluatorsQualifications of evaluators
EvaluationsEvaluations
Domestic Assault andDomestic Assault and
Advisory BoardAdvisory Board
Reviews and appointsReviews and appoints
evaluators.evaluators.
Reviews CEU and renewsReviews CEU and renews
appointmentsappointments..
Idaho
Code 18-91
Criminal
Rule 33.3
Advisory
Board
3. Qualifications for AppointmentQualifications for Appointment
State LicensedState Licensed
ProfessionalsProfessionals
One year’s experience inOne year’s experience in
the assessment orthe assessment or
treatment of domestictreatment of domestic
violence related issuesviolence related issues
Specialized education orSpecialized education or
training in domestictraining in domestic
violence matters.violence matters.
Application Form
An affidavit of compliance
with requirements
Copy of current
professional license.
4. Role of EvaluatorRole of Evaluator
Original Role of EvaluatorOriginal Role of Evaluator
(Circa 1996)(Circa 1996)
Whether defendantWhether defendant
should be required toshould be required to
obtain aggressionobtain aggression
counseling or othercounseling or other
appropriate treatment.appropriate treatment.
Evolving Role of EvaluatorEvolving Role of Evaluator
Assist the criminal justiceAssist the criminal justice
system to identifysystem to identify
offenders who will needoffenders who will need
closer supervision.closer supervision.
Identify those with specialIdentify those with special
treatment needs.treatment needs.
Match severity of problemMatch severity of problem
with intensity ofwith intensity of
intervention.intervention.
Provide a realistic ratingProvide a realistic rating
of risk to victims for safetyof risk to victims for safety
planning.planning.
5. Other Reasons for EvaluationsOther Reasons for Evaluations
Condition
of
Probation
Child
Protection
Hearings
Allegations
of Child Abuse
or Neglect
Protection
Order
Hearings
Child
Custody
Litigation
Domestic
Battery
Evaluation
6. 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
8. Quiz Question #1Quiz Question #1
In order for behaviors to be consideredIn order for behaviors to be considered
abusive, there must be some form ofabusive, 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 abuseremotional, economic, or social. An abuser
intends to control by frightening or harming theintends to control by frightening or harming the
victim. If the partner is frightened or harmed, andvictim. If the partner is frightened or harmed, and
the incident is part of a pattern in which thethe 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 notthat can be considered abuse, whether or not
there is physical contact.there is physical contact.
9. QUIZ QUESTION #2QUIZ QUESTION #2
Battering is as prevalent in same-sexBattering 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 couplesevidence suggests that gay male couples
and lesbian couples have similarand lesbian couples have similar
prevalence rates and similar patterns toprevalence rates and similar patterns to
heterosexual couples.heterosexual couples.
10. QUIZ QUESTION #3QUIZ QUESTION #3
A victim of domestic violence is usuallyA victim of domestic violence is usually
someone who is passive, submissive, orsomeone 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 beFALSE: Victims of domestic violence can be
any personality type and any occupational orany personality type and any occupational or
achievement level. The difference betweenachievement level. The difference between
behavior in public and behavior in thebehavior in public and behavior in the
privacy of an intimate relationship can beprivacy of an intimate relationship can be
great, for any of us.great, for any of us.
11. QUIZ QUESTION #4QUIZ QUESTION #4
Domestic violence implies an intentionDomestic violence implies an intention
of one person to exert control over theof one person to exert control over the
other.other.
TRUE: We see the abuse of power withTRUE: We see the abuse of power with
the intent to control ones partner as thethe intent to control ones partner as the
defining element of domestic violence.defining element of domestic violence.
While particular behaviors vary, thisWhile particular behaviors vary, this
intention is basic.intention is basic.
12. QUIZ QUESTION# 5QUIZ QUESTION# 5
In some cases, a relationship in which oneIn some cases, a relationship in which one
partner has hit the other partner may not bepartner has hit the other partner may not be
an abusive relationship.an abusive relationship.
TRUE: While many of us consider hitting to beTRUE: While many of us consider hitting to be
an abusive behavior, no matter what thean abusive behavior, no matter what the
circumstances, there are situations in whichcircumstances, there are situations in which
hitting is not part of a pattern of domination andhitting is not part of a pattern of domination and
control.control.
Examples: Hitting in self-defense or hitting whichExamples: Hitting in self-defense or hitting which
neither frightens nor physically injures the otherneither frightens nor physically injures the other
person. The context and the pattern areperson. The context and the pattern are
important .important .
13. QUIZ QUESTION #6QUIZ QUESTION #6
Threats of suicide are abusive toThreats of suicide are abusive to
oneself, but cannot be consideredoneself, but cannot be considered
abusive to one's partner.abusive to one's partner.
TRUE: If threats of suicide areTRUE: 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.
14. QUIZ QUESTION #7QUIZ QUESTION #7
Victims of domestic violence are saferVictims 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 isFalse: In fact, the opposite is true. It is
important for practitioners to be awareimportant for practitioners to be aware
that deciding to leave an abusivethat deciding to leave an abusive
partner and leaving increase the risk ofpartner and leaving increase the risk of
violence. Therefore, safety planning isviolence. Therefore, safety planning is
extremely important.extremely important.
15. QUESTION #8QUESTION #8
There may be valid reasons for someone toThere may be valid reasons for someone to
stay in the relationship with an abusivestay in the relationship with an abusive
partner, i.e. the costs of leaving maypartner, i.e. the costs of leaving may
outweigh the gains.outweigh the gains.
TRUE: In addition to risks of the batterer'sTRUE: In addition to risks of the batterer's
response, there are other risks involved withresponse, there are other risks involved with
leaving for many people. These includeleaving for many people. These include
economic and social consequences, as welleconomic and social consequences, as well
as the loss of what is valued in theas the loss of what is valued in the
relationship for oneself and/or children.relationship for oneself and/or children.
16. QUIZ QUESTION #9QUIZ QUESTION #9
The percent of women in the US whoThe percent of women in the US who
will be physically assaulted by anwill be physically assaulted by an
intimate partner in adulthood is closestintimate partner in adulthood is closest
to:to: 10% 25% 50% 75%10% 25% 50% 75%
25% seems to be the most accurate25% seems to be the most accurate
estimate. This is based primarily onestimate. This is based primarily on
national surveys of married and cohabitingnational surveys of married and cohabiting
women in the US and includes onlywomen in the US and includes only
physical assaultphysical assault..
17. QUIZ QUESTION #10QUIZ QUESTION #10
Red flags for intimate abuse include:Red flags for intimate abuse include:
(check all which apply)(check all which apply)
o Extreme povertyExtreme poverty
o Dissatisfaction with relationshipDissatisfaction with relationship
o Frequent unexplained injuriesFrequent unexplained injuries
o Unusual level of jealousy orUnusual level of jealousy or
possessiveness of partnerpossessiveness of partner
o Unwillingness to allow separate interviewsUnwillingness to allow separate interviews
18. Scope and ContentScope and Content
Identifying informationIdentifying information
Risk AssessmentRisk Assessment
Substance AbuseSubstance Abuse
Self-AssessmentSelf-Assessment
Test Results (If any -Test Results (If any -
substance psychologicalsubstance psychological
testing , I.Q., etc.)testing , I.Q., etc.)
Collateral informationCollateral information
Personality/characterPersonality/character
assessmentassessment
BehavioralBehavioral
observations/mental statusobservations/mental status
RecommendationsRecommendations
19. Sources of InformationSources of Information
Police reportsPolice 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
20. Interviewing VictimsInterviewing Victims
Sensitive QuestioningSensitive Questioning
Avoid loaded wordsAvoid loaded words
behaviors vs. label.behaviors vs. label.
Avoid questions that begin with "why"Avoid questions that begin with "why"
Denial is a critical and useful strategy forDenial is a critical and useful strategy for
survivorssurvivors
Regard survivors as experts on their ownRegard survivors as experts on their own
liveslives
Although denial is common, survivors knowAlthough denial is common, survivors know
their partners well and can usually judgetheir partners well and can usually judge
pretty accurately what will increase theirpretty accurately what will increase their
risk.risk.
If the person tells you that something youIf the person tells you that something you
recommend will escalate the risk (placerecommend will escalate the risk (place
her/him in greater danger), this is probablyher/him in greater danger), this is probably
true.true.
21. Conducting the InterviewConducting the Interview
Informed ConsentInformed Consent
ReflectionReflection
Open ended questionsOpen ended questions
Read police reports andRead police reports and
victim statement beforevictim statement before
interviewinginterviewing
Avoid labels, describeAvoid labels, describe
behaviorsbehaviors
Accountability/remorseAccountability/remorse
questionsquestions
Problem recognitionProblem recognition
Readiness for treatmentReadiness for treatment
22. Risk Prediction InstrumentsRisk Prediction Instruments
Tolman’s
PMWI
Abusive
Behavior
Inventory
Psychological
Tests
DSM 4
Criteria
Lethality
Assessments
Conflict
Tactics
Scale
Domestic
Violence
Inventory
Victim’s
Prediction of
Risk
Gut Feeling
Campbell’s
Danger
Assessment
SARA
Check List
Risk to Victim
Risk to Child
23. Approved ProvidersApproved Providers
Governed by minimumGoverned by minimum
standards of treatment.standards of treatment.
Are approved by theAre approved by the
Oversight committee.Oversight committee.
Do not substitute angerDo not substitute anger
management, couplesmanagement, couples
counseling or individualcounseling or individual
therapy for batterertherapy for batterer
treatment.treatment.
Assume a therapeuticAssume a therapeutic
role with clientrole with client
May use differentMay use different
models of treatmentmodels of treatment
Example: Duluth ModelExample: Duluth Model
24. See This On the WebSee This On the Web
To see this presentation on the webTo see this presentation on the web
(1) Go to this link:(1) Go to this link:
www.tomwilsoncounseling.comwww.tomwilsoncounseling.com/signup/signup
(2) Follow signup directions for the 30 day(2) Follow signup directions for the 30 day
free account.free account. I will send you the addressI will send you the address
on the web.on the web.
Email:Email: twcc@tomwilsoncounseling.comtwcc@tomwilsoncounseling.com
Tom Wilson Counseling Center
514 So. Orchard, Suite 101 Boise, ID 83705
Ph 208-368-9909 Fax 208-388-1687