A batterers’ intervention program, or BIP, is a rehabilitation program you may be eligible for if convicted of certain domestic violence offenses.
You are typically required to complete a BIP as a part of your sentence. Different states use different programs, though the focus is to educate you about:
- the causes of domestic violence,
- the effects that the physical domestic abuse has on a victim,
- strategies to promote nonviolence, anger management, and the safety of potential victims, and
- the changes that must happen to prevent future domestic violence incidents.
To become a certified batterer intervention program, providers have to comply with state requirements and monitoring. Many batterers’ intervention program providers are non-profit organizations.
In this article I discuss everything you need to know about BIPs. Also listen to our informative podcast here:
How long are BIPs?
It varies by state.
In California, for example, BIPs consist of 52 domestic violence classes. You meet once a week for two hours throughout one year.
In Massachusetts, it is called an Intimate Partner Abuse Education Program (IPAEP). The program lasts for 80 hours with weekly sessions of two hours each.
Do I have to pay?
Generally, you are responsible for paying program fees. However, there are often sources of financial assistance available if you cannot pay on your own.
What are BIPs like?
BIP programs can take the form of:
- lectures,
- classes,
- group discussions, and/or
- both individual and group counseling.
In California, for example, all batterers’ programs in the state are legally obligated to:
- use an initial intake that defines abuse, including emotional, sexual, and economic abuse, as well as techniques for stopping them,
- assess whether the program would benefit you, and refuse enrollment if it would not,
- require a written referral, including the minimum number of sessions, from the court or from a probation department before enrolling you,
- use a sliding fee schedule based on your ability to pay,
- provide strategies to hold you accountable for the violence in your relationships,
- require your sober participation in ongoing group sessions,
- require a written agreement from you acknowledging the terms of attendance and consenting to removal if you are not benefiting from the program or are disruptive to it,
- have you sign a confidentiality agreement, prohibiting the disclosure of information about other program participants,
- inform the victim of available resources, as well as the requirements for your participation in the program,
- provide education programs that cover gender roles, socialization, violence, power dynamics, and the effects of abuse on children and others, as well as cultural and ethnic sensitivity,
- exclude couple or family counseling,
- employ program staff members that have specific knowledge regarding the dynamics of family violence and physical abuse, criminal law and the legal system, and the nature of spousal, child, sex, and substance abuse and dependency,
- encourage staff to use local domestic violence centers, and
- update the probation department of your enrollment, progress, payment history, program compliance, and final evaluation.1
In California, you are limited to only three absences, and each absence has to be authorized. You have to show good cause for each absence from a counseling session.
At the end of the program, you receive a certificate of completion.
What happens if I fail the program?
If the BIP is a part of your probation, then failing the program can cause your probation to be revoked and for you to go to jail to serve the rest of your sentence.
However, if the BIP is a part of a pretrial diversion program, then failing the program will simply put your case back in criminal court.
This is discussed in more detail below.
BIP as Part of Probation
When you are sentenced to probation, you must comply with the court-ordered terms. Some common conditions of probation include:
- refraining from committing a crime while on probation,
- regularly reporting to a probation officer or to the court,
- paying victim restitution, and
- performing community service.
In some states, like California, a BIP is a required condition of probation in domestic violence cases. California requires probation to be at least three years long, regardless of whether the offense was a misdemeanor or a felony.2
Probation officers who suspect a violation can arrest you, and a judge will hold a probation violation hearing. There, your criminal defense attorney can argue that:
- there was no violation,
- your violation was justified, or
- your violation was minor and should not be punished harshly.
After hearing the evidence, the judge will decide whether to:
- revoke your probation and send you to jail for the rest of your sentence,
- modify probation by imposing new or tighter terms and conditions, or
- reinstate probation under its existing terms.
BIP as Part of Pretrial Diversion
If your batterers’ intervention program is part of a pretrial diversion program, failing the program will resurrect your criminal case. What happens next would depend on whether you pled guilty in order to get pretrial diversion.
If you had to plead guilty, then failing a BIP will send your case straight to sentencing. You cannot raise exculpatory evidence because you will have already pled guilty to domestic violence.
If you did not plead guilty, however, the case would return to criminal court as if it were any other case. You can raise legal defenses and, if you wish, go to trial where the prosecutor would have to prove beyond a reasonable doubt that you committed domestic violence.
Is what happens in the BIP confidential?
You cannot expect your conduct in a BIP to remain confidential. Many states require BIPs to inform the court and probation department of your progress, so disruptive behavior in counseling and missed sessions will be reported.
However, you usually have to sign a confidentiality agreement promising not to disclose information about other participants in the BIP.
Group counseling is a common component of BIPs.
What is the Duluth Model?
Many BIP programs are a part of the Duluth Model approach. The Duluth Model aims to address domestic violence by creating a coordinated community response from various law enforcement and supportive agencies, like counseling centers and other treatment programs.
The Duluth Model focuses on victim safety and makes the community provide that safety, rather than the victim. The Model holds the abuser accountable and does not blame the victim for the abuse.
A core understanding of the Duluth Model is that domestic violence is a form of control. Therefore, the Model aims to:
- rectify abusive behavior by educating abusers of their role in the abuse and the negative effects they have on others, and
- rehabilitate abusers by providing strategies and initiatives for anger management and de-escalation techniques and for resolving underlying mental health issues.
The Model is named after the small town in Minnesota where it was first used to reduce the use of violence against women in the 1980s.
What is a crime of domestic violence?
Generally, a crime of domestic violence is a violent offense perpetrated on an intimate partner. Violent crimes are usually offenses like:
- assault,
- battery, and
- sexual assault or sexual abuse.
Other potentially violent crimes that can amount to domestic violence in some states are:
- child endangerment,
- criminal threats, and
- stalking.
States define “intimate partner” differently. Some may use another term, like “family or household member.” However, they generally include the same people as California’s law, which covers:
- current and former spouses,
- current and former domestic partners,
- current and former fiancés,
- current and former cohabitants or live-in romantic partners,
- current and former dating partners, and
- co-parents.3
Violent crimes carry higher penalties if they involve intimate partners. They often lead to restraining orders, a loss of gun rights, and increased jail time.
Additional Resources
If you or someone you know is in immediate danger, call 911. Otherwise, you can find help, information and advocacy in the following places:
- State Resources: WomensLaw.org – provides state-specific legal information and resources for victims of domestic violence, sexual assault, and stalking.
- National Domestic Violence Hotline – offers 24/7 confidential support through phone, chat, and text.
- Resources – National Coalition Against Domestic Violence (NCADV) – focuses on policy advocacy and education around domestic violence.
- Rape, Abuse and Incest National Network (RAINN) – provides victim services and leads national programs to prevent sexual violence.
Legal References:
- California Penal Code 1203.097 PC.
- Same.
- California Penal Code 13700(b) PC.