How to Use a Batterer Intervention Program to Defend Domestic Violence Cases
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- Опубликовано: 30 июн 2024
- This video explains how to use a batterer intervention program to improve the chances of getting domestic violence charges dismissed or reduced. This is video #4 in our series on domestic violence defense strategy. Visit www.gustitislaw.com for more information about domestic violence defense and defending domestic violence allegations in Bryan-College Station, TX.
This video explains strategies for using a batterer intervention program when defending domestic violence cases.
Other Videos in this Series:
How to Get Domestic Violence Charges Dismissed ( • How to Get Domestic Vi... )
Domestic Violence Defense - Reconciliation is Key! ( • Domestic Violence Defe... )
How to Drop Charges Against Someone for Domestic Violence ( • How to Drop Charges Ag... )
Batterer Intervention Programs Online:
1. Advocates for Human Rights www.stopvaw.org/Batterers_Int...
2. Good Therapy.org
www.goodtherapy.org/learn-abo...
3. National Domestic Violence Hotline www.thehotline.org/2014/07/03...
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Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this video, Stephen Gustitis explains how to use participation in a batterer intervention program as a part of domestic violence criminal defense strategies. Successful completion of a batterer intervention program may lead prosecutors to dismiss or reduce charges against someone for domestic violence. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and defense strategies, including domestic violence defense and domestic violence defense strategy. #domesticviolence #gustitislaw #domesticviolencedefense
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I think it's great being a victim who has chosen to stay through the years of abuse I hope this can help my husband and my family. We have 3 boys and I want nothing more than to stop the cycle
Yes, a BIP program is great training and can help an offender to develop new skills and coping strategies. I wish you and your family the very best. Thanks for your comment.
Girl what..LEAVE
I believe this works. I just got my husband ordered to take one of these courses. I’m leaving and don’t want to stay with him after 5 times trying to leave. But he’s still in denial and minimizes his abuse. He’s even said he only hit me because I was emotionally abusive. Not sure if there’s hope for him but at least I tried!
Thanks for sharing this personal story with me. These types of cases always have a push-and-pull to them. I wish your husband the best. I also wish you happiness in the future. Thank you for visiting.
How did it go for you?
Get a new husband
Debbie
How can I identify who the prosecutor in the case for domestic violence against my husband. I would like to seek the reconciliation rout for the case. My husband needs behavioral counseling for anger management. He was raised in an abusive environment.
Debbie: That should be a straight forward process. Simply contact the prosecutor's office and ask for the name of the assistant handling the case. Since you are the victim, they should be happy to assist. Good luck!
I seek to be proactive and would like to enroll in such a program pre-arrest. Would the court be included to honor such efforts or will they begin by sending you to get an evaluation
Discuss this with your defense attorney. DO NOT tell ANYONE you are participating. If things go bad, they can use that against you. Take your attorneys advice.
Hi Mr. Gustitis,
I want to ask you 2 questions if you don't mind. The Texas Code of Criminal Procedure Chapter 15 is arrest under warrant
Art 15:18 is out of County warrant
Art 15:21... RELEASE ON PERSONAL BOND IF NOT TIMELY DEMANDED. If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person described by Article 15.19 and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested..
Question: A person commits offense in county A is out on bond, is arrested in county B on warrant for cnty A remains in Bs custody for over 3 months before being transferred to cnty A, released, arrested again by county cnty B is there for 16 days before being transferred to county B. This has been an almost 3 year ordeal. So my question is regardless of the prior arrests does art 15:21 still apply to the accused if the procedure was not lawfully followed?
2: Is Excedrin considered a dangerous drug and could land you in jail with that charge?
Thank you so much!
I'm so sorry. I cannot answer your questions. It requires me to provide legal advice and I cannot do that in this RUclips situation.
Hi I have a question.
Between my Ex-Girlfriend & i, i got charged with simple battery (FVA). She say she didn’t mean for it to happen the way it did far as me getting arrested. Between the two of us the situation wasn’t serious enough for the police. We are separated now with no contact at all. How can I beat or get the charges dropped alone?
I doubt you'd have much luck attempting to convince a prosecutor to dismiss your simple battery case. You can certainly try, but since you lack the training and experience to leverage the weaknesses of the prosecutor's case, they will be difficult to persuade. That is what experienced defense attorneys are for. I recommend you hire one to help you achieve your objectives. I appreciate your question. Thanks for stopping by.
Will this BIP program help the defendant in the state of AZ to reduce the DV penalty? Or any states in the US?
It is possible. But remember that any effect will depend upon the facts of the case, the defendant’s criminal history, the prosecutor’s policies, the victim’s wishes, the juries in that jurisdiction, and the judge who might preside.
1) What if a child was present and has witnessed other several assaults?
2) What if the most damaging abuse is emotional in nature and manipulative?
3) What if the defendant shows no remorse, tells his son he was provoked, and doesn’t seem sorry (at all) even after 9 months?
If the child is old enough, they are potentially a witness in court. Second, your state penal code may, or may not, proscribe emotional abuse since assault is a result oriented crime and emotional damage is too difficult to quantify. Lastly, lack of remorse is a punishment issue and could possibly make a person’s punishment greater, if convicted. If this is your personal story, I’m very sorry this is happening. I appreciate your question. I wish you the best.
Gustitis Law Thank you so much!
-I assumed reconciliation was not even an option based on his no contact order and other things. So this was surprising to see.
-My son is 16. I don’t want him to have to say bad things about his dad, but an acknowledgement of wrongdoing would be beneficial.
-The emotional (psychological, social, educational, etc.) damage is from years of other “events” unrelated to the two current assault charges and might be quantifiable by psych and medical bills, visible changes in functioning, etc. (?) At the time, I didn’t have the energy to deal with it legally, so I’ll look into that now.
-I’m in Texas, so I’ll definitely watch the other videos. Very helpful and understandable.
-Thank you so much for your time!
You are very welcomed!
@@GustitisLaw Sir I have a domestic violence dismissed misdemenor (Not Guilty) and I took BIPP for 6 months. Is this still considered a conviction? since it is dismissed and i was found not guilty. I think I was not convicted but I want to make sure.
@@dr.mohamedaitnouh4501 I would not consider this a conviction.
Can the employee of the BIP stop you from enrolling in the program even though it's court ordered?
I don't know the BIPP policies of the agency you are talking about. Consequently, I really cannot answer your question.
I have a qiestion im in Massachusetts my husband got arrested 5 months after the incident amd i was given a summoms today as he has court dor a dangerousness hearing. What are my rights as a wife
Thank you for your question. Once summoned you have a legal obligation to appear in court at the date and time specified on the summons. Your rights are governed by Massachusetts law from that point. Since I practice law in Texas, I could only speculate. However, if you are supporting your husband in this matter, consider talking with his attorney about how you can help the defense of his case. Also, you may have the ability to hire a lawyer to represent your interests. I hope this helped.
I was framed for a crash that was actually caused by my husband, he is claiming I rammed him and I'm now facing felony battery charges. I've been offered a deal to go through this program and ultimately the charges will be dismissed. Will I need to admit responsibility/fault in order to complete the program, even though I was actually the victim?
I'm sorry but I have no idea. Please speak with your defense attorney to answer this important question.
I don't know if you would see this but, I am not a lawyer and I do not understand how these things work. I was thinking that if before the first trial you started the BIP that would be in a sense admitting guilt. Is this an incorrect assumption?
It is. Successful completion of the program is used in negotiations. If you are not guilty, then ask your lawyer about setting the case for trial. Otherwise, as them about the utility of completing the program. They will know best.
@@GustitisLaw I am not guilty luckily, the whole event was recorded on video and the charges were dropped. I just thought I would add that for anyone who is truly not guilty, maybe don't do the BIP until after your lawyer advises.
Judges frequently asked people who have no history of any domestic violence to take this course forcefully and they threaten them if you do not take it the new our content in contempt of court
Well, if you are accused of FV and you’ve entered a guilty plea in exchange for a punishment recommendation, the judge is allowed to order this course. I’d recommend taking it and finishing it successfully. Good luck.
@@GustitisLaw I've been accused of dv and 100 percent did not commit dv. I pled not guilty and there hasn't been a plea bargain. But they're making me take the course because california requires it
@@anthonyromero4953 Make sure your criminal defense attorney is aware of all the facts you believe are relevant to your defense. Do not make ANY decisions without the advice of a defense attorney.
The title of this video gives the impression BIP's can be used by a person who is abusive to get the case dropped or charges reduced. In many States the laws have diversion programs for 1st defense misdemeanor crimes that require BIP completion as one of the conditions and in other States the BIP is required post conviction of misdemeanor or felony charges to complete probation conditions in liue of more jail time. Often parole for someone who's done prison time for the domestic charge has bip completion as a condition of post prison supervision. As someone who's started and worked at many BIP's, I have not heard of any change in prosecution status of dv cases come about as a result of pre conviction enrollment in a BIP. If the person charged with domestic violence accepts a plea deal that includes completion of a BIP and believes they are innocent of the charges in that particular incident then use the program as an opportunity to reflect on other examples of abusive behavior and be accountable for changing the patterns in your life that brought you into contact with the criminal justice system. #teras interventions and counseling
There are many ways to resolve a criminal case. The job I get paid to do is obtain the best possible result in all cases with any legal means at my disposal. Your argument falls short in its assumption that diversion programs are available in all jurisdictions. They are not. If a BIP program helps a couple resolve their problems and their behavior, and the case gets dismissed by a prosecutor who has absolute authority to prosecute, or not, then I’ve done my job. What do you think a BIP program is designed to do in the first place? Punish or rehabilitate?
@@GustitisLaw First of all- I am not arguing except to say I never argue with attorneys about anything. As I said..in "many" states...not all. Also like I said-behavior change is the ultimate outcome one should have no matter what the final outcome is of the case. I can only say what I see in the Oregon courts when it comes to cases being dropped. I am not criticizing your intentions or legal practice. Many critics of BIPs like to say that "abusers" use BIPs to "get away with abuse" or to manipulate the outcome of a custody hearing. As the executive director of a nonprofit that does BIP counseling I am somewhat biased but I believe a good programs and an excellent attorneys such as yourself would not be so naive to allow that to happen. My hope is one day Prosecution of domestic violence will be unnecessary the majority of the time because we have made a difference in our participant's lives and those new behaviors and values are passed along to the next generation.
@@philbroyles2780 First, I don’t mind you sharing your opinion. Don’t be afraid to argue with a lawyer. We are not super-human. Further, I will always share mine, especially when I believe there is a misconception or weakness in someone’s position. That’s what I do for a living, after all. In any case, keep your opinions coming and be prepared for the counter. 🙂
Hey Sir may I ask you how to use woman's battery defense in a case
Ask your question and I’ll see if I can answer it. Thanks.
@@GustitisLaw my mother was in a very dangerous and bad domestic abusive relationship with her ex from 2016 to around 2020 of may of this year . That man has mentally physically emotionally abused her has choked ect stalked and had spoken of gang hours on her or her family my mom tried to get away multiple times but he'll stalk Cyber was or ask around looking for her he'll call my phone ect .there's been afft. Against him reports ect
My mom in mid may was allege to have done something after emotionally and mentally finally snapping may I ask what can she possibly do to prevent prison time
@@GustitisLaw sir thank you for taking time out you're day . My mom had a payed lawyer but we had to motion of separation due to lack of work on her half or lack of following up on leads to what I was speaking about to pull records and statements ect. .
Apparently you aren't supposed to say they had it coming
That's not what the US Constitution says. Thanks for commenting, nevertheless.
Dont hit!!
People are imperfect. Sometimes this happens. These people need help to improve their lives.