Professional Documents
Culture Documents
Offender-Treatment Programs
Domestic Violence
Currently, most states’ offender-treatment pro-
ELIZABETH A. TOMSICH, ASHLEY M. gram standards do not permit couples counseling
TUNSTALL, and ANGELA R. GOVER (Maiuro & Eberle, 2008). Opposition to couples
counseling for court-ordered domestic violence
Domestic violence occurs when an individual emanates from several contentions: (1) violent
exerts power and control over his or her intimate relationship dynamics negate effective counsel-
partner through repeated coercive and abu- ing processes; (2) offenders should concentrate
sive behaviors. The intimacy of the relationship on their own treatment; and (3) couples coun-
between the victim and the offender distinguishes seling can communicate conflicting messages
domestic violence from other crime. Domestic and goals to the offender. Additionally, critics
violence consists of physical, psychological, sex- of couples counseling in offender-treatment
ual, and financial abuse and stalking. Breiding, programs assert that mandating therapy would
Black, and Ryan (2008) estimate that 20% of suggest that relationship problems cause partner
women and 11% of men experience domestic abuse, rather than offender criminality. How-
violence throughout their lifetime. The Cen- ever, some states such as Colorado have begun
ters for Disease Control and Prevention (2003) to question a uniform ban on couples counsel-
appraise the financial costs of interpersonal ing in offender-treatment programs (Domestic
violence in the United States at US$67 billion Violence Offender Management Board, 2004).
yearly. Ramifications of domestic violence for Proponents of couples counseling for domestic
survivors include depression, eating disorders, violence cases argue that in cases of lower-level
sleep problems, risky or self-harming behaviors, perpetrator violence, with victim permission
substance abuse, and homelessness. and imposed safety measures, couples coun-
One criminal justice system approach to seling should be a treatment option. Likewise,
domestic violence has been the development some domestic-violence researchers emphasize
of batterer intervention programs for offenders the heterogeneous nature of domestic-violence
who are court-ordered to attend treatment. The offenders and suggest couples counseling may at
women’s rights movement in the late 1960s and times result in successful outcomes, such as cases
1970s raised unprecedented public recognition characterized by minimal offender violence and
of the depth of the domestic violence problem controlling behaviors. Those opposed to couples
in the United States. In response, policy-makers counseling for court-ordered domestic-violence
created mandatory/pro/presumptive arrest and offenders argue that it is not possible for victims
no-drop prosecution policies, sharply increasing to make an independent decision about attending
the presence of domestic violence perpetrators couples counseling when they are being con-
in the criminal justice system. For a multitude trolled by the offender, not to mention that many
of reasons, including potential offender–victim may agree to attend out of fear of retaliation.
reunification, judges typically deferred to sen- Currently the criminal justice system faces a
tencing offenders to domestic violence treatment great deal of pressure from the state and federal
rather than incarceration. Surges in the num- government to implement evidence-informed
bers of domestic violence offenders ordered to practices. The body of research on offender-
attend treatment in the 1980s compelled states treatment program effectiveness documents weak
to develop treatment-program rules and guide- effect sizes of treatment on recidivism regardless
lines. To do this most states formed oversight of treatment type, legitimizing consideration of
boards to create and implement standards for revisions to these interventions (Babcock, Green,
batterer-intervention treatment. & Robie, 2004). State standards commonly have a
The Encyclopedia of Crime and Punishment, First Edition. Edited by Wesley G. Jennings.
© 2016 John Wiley & Sons, Inc. Published 2016 by John Wiley & Sons, Inc.
DOI: 10.1002/9781118519639.wbecpx137
2 COUPLES COUNSELING AND DOMESTIC V IOLENCE
“one-size-fits-all” approach to offender-treatment evidence reveals less consistent findings, and that
program standards, leading proponents of pol- effects diminish over time. One meta-analysis
icy revision to suggest individualized treatment concluded that only about 54% of couples on
based on victim safety and offender need and risk average maintain the benefits of behavioral and
levels, such as couples counseling for low-risk emotion-focused couples therapies over time
offenders. However, those opposed to the use periods varying between two months and four
of couples counseling in offender-treatment years following counseling (Byrne, Carr, & Clark,
programs maintain treatment should focus on 2004). The remaining 46% reported returns of
the offender and that any offender access to relationship distress, discord, conflict, and dimin-
victims endangers victims’ lives. In the interest of ished relationship satisfaction and quality. Such
contributing to this debate we review the body findings have focused researchers on determining
of literature on the use of general couples coun- the common factors predicting effectiveness in
seling and couples counseling for court-ordered couples counseling that influence outcome more
domestic-violence offenders. strongly than theory type. Scholars report one
of the strongest predictors of couples counseling
success is the client (Gottman & Notarius, 2002).
Couples Counseling Research on counseling efficacy investigates
client and clinician factors related to therapeutic
Couples pursue counseling in order to improve success for individuals, but few studies exam-
relationship satisfaction and modify problematic ine the influence of client factors on couples
behavioral patterns. Successful therapy involves or family counseling outcomes (Gottman &
achieving desired changes and unsuccessful cou- Notarius, 2002). Among the limited literature,
ples counseling results in clients who feel that no researchers document several relationship and
relationship changes have occurred, or who are individual characteristics variables relevant to
unsatisfied with the changes. Couples counseling couples counseling success.
distinguishes itself from other psychotherapies Relationship factors such as severity of prob-
due to its focus on problems in a dyad, rather lems at the beginning of therapy and fewer years
than the problems of one specific individual. invested in the relationship predict negative
Early forms of family and couple therapy shared a outcomes for couples counseling (Atkins et al.,
systems philosophy where families were assessed 2005). Younger couples who adhere to nontra-
as a “system.” Problems in systems therapy are ditional or egalitarian gender roles are more
evaluated through examining member inter- likely to be successful in couples counseling, and
actions rather than focusing on the individual higher emotional engagement, or frequent sexual
behavior of one family member. Regardless of and emotional intimacy, likewise predicts positive
whether emotional-behavioral problems manifest therapeutic outcomes (Jacobson & Addis, 1993).
in one individual member, the communication Gender may influence motivation, as women
and relationship patterns of the entire system are tend to approach therapy out of a desire for
“treated.” Currently, theoretical approaches to change, whereas men lean toward maintaining
couples counseling include emotionally focused the relationship in its present state (Jacobson &
couples counseling, cognitive behavior therapy, Addis, 1993). Individuals unwilling to change and
and solution-focused therapy. Clinicians guided lacking accountability benefit less from couples
by these theories assist clients in reinterpreting counseling (Whisman, Dixon, & Johnson, 1997).
their partners’ upsetting behaviors and modifying Lastly, negative life events and level of partner
their own destructive cognitions or behaviors. supportiveness throughout these events influence
Research documents that couples counseling success of couples counseling (Blow et al., 2009).
generally has positive outcomes, irrespective of Findings predicting negative therapeutic out-
theoretical perspective. Jacobson, Follette, and comes from a couple’s severity of problems,
Revenstorf (2000) found success rates range resistance to change, and lack of accountability
between 39% and 72% for couples in behav- suggest dyads in abusive relationships diverge
ioral couples counseling. Despite these generally from ideal candidates for couples counseling.
beneficial outcomes, closer examination of the Clinicians developed couples counseling to treat
COUPLES COUNSELING AND DOMESTIC V IOLENCE 3
couple conflict rather than couple violence, consisting of low-level mutual violence (Johnson,
and before extending couples counseling to 1995).
relationships characterized by violence, one Some researchers advocate for couples coun-
must consider the major variable differentiating seling in situations of domestic violence when
nonviolent and violent couples: the presence counseling integrates multiple therapeutic per-
of an offender. Given the relative newness of spectives such as feminist, behavioral, systemic,
the body of literature investigating the role of psychodynamic, and ecological. Proponents of
client factors on couples-counseling outcomes, multi-theory couples counseling argue singular
uncertainty constrains conclusions regarding theoretical perspectives cannot effectively treat
which characteristics predict responsiveness to the varied profiles of violent couples. Others
couples counseling. However, extant evidence support couples counseling with intact couples
indicates that client and relationship character- who desire to stay together when the violence
istics may strongly or almost entirely predict has been mild to moderate. Another alternative
couples-counseling treatment success. combines individual and couples counseling,
which initially separately treats individuals and
then proceeds to joint relationship counseling
Use and Effectiveness of Couples sessions. Conversely, Almeida and Durkin (1999)
Counseling in Treating Domestic Violence contend that individual therapy protects batterers
from the public accountability necessary to their
The role of client factors in counseling efficacy recovery. Almeida and Durkin (1999) propose a
discourages researchers from extending findings culturally sensitive multi-phase approach, where
on couples in conflict to couples where one part- the victim and offender are placed in separate
ner employs violence and/or abuse to control “culture circles,” which address sexism, priv-
the other. Consequently, this section isolates ilege, and oppression. Once the offender has
and assesses research specific to the efficacy of demonstrated evidence of change, such as non-
couples counseling for couples with a history threatening behavior, accountability for violent
of domestic violence, reviewing evidence sup- crimes, open and honest communication, and
porting and contraindicating couples counseling fair negotiation tactics, conjoint therapy may be
in offender-treatment programs. implemented.
Arguments supporting the use of couples coun-
seling in offender-treatment programs present
The case for couples counseling studies on the heterogeneity of domestic-violence
Arguments for the use of couples counseling offenders and propose varied counseling program
in offender-treatment programs emphasize the tactics and limitations on offender eligibility.
diversity of needs among violent offenders. Brown However, the rationale behind the use of couples
and O’Leary (1997) reviewed research on cou- counseling remains theoretical, as most evi-
ples counseling and found episodes of violence dence demonstrating successful outcomes for
ceased in 56% to 90% of the cases, supporting the relationships featuring violence does not exam-
use for some, albeit not all, offenders. However, ine court-ordered domestic violence offenders
Brown and O’Leary (1997) noted that the bulk (Brown & O’Leary, 1997).
of research studies self-referred couples and is
characterized by high attrition rates. Corroborat-
The case against couples counseling
ing the concept that not all individuals need the
same type of treatment, Johnson (1995) identified Feminist theory forms the case against couples
two types of intimate partner violence that vary counseling for violent relationships and contends
considerably in dangerousness and lethality: the risks of therapy supersede the benefits regard-
intimate terrorism and common couple violence. less of the wishes of those seeking treatment.
Generally found in shelter samples, intimate ter- Feminist theorists view family systems theory as
rorism involves escalating male violence, power, problematic; as such a therapeutic perspective
and control, whereas general population samples emphasizes treating violent “couples” rather than
more likely document common couple violence, violent offenders, and interprets violence as an
4 COUPLES COUNSELING AND DOMESTIC V IOLENCE
outcome of the relationship system, instead of a protest that a preference for court-ordered
criminal choice made by one partner. In contrast relationship counseling over individual therapy
to systems theory, feminist recommendations circumscribes the victim’s ability to be treated
for couples counseling include a consideration for and recover from trauma. In addition, critics
of gender and sociopolitical systems within a view couples counseling as a singular approach
discussion of problems within the relationship. to domestic violence treatment, similar to anger
Therapists are encouraged to promote egalitar- management treatment, which is considered
ianism between partners, to deconstruct how insufficient to multiple intervention tactics such
work is conceptualized and money resultantly as state supervision and court-ordered treatment.
controlled, and to consider the distribution of Those challenging couples counseling in
labor within the home, such as housework and offender-treatment programs view offender dan-
caring for children or the elderly. Feminist per- gerousness as the primary barrier to effective
spectives on couples counseling support the use couples counseling for court-ordered domestic-
of counseling to address relationship problems violence offenders. Accurate screening and
with the understanding that an appropriate assessment of risk levels by therapists would be
therapeutic perspective integrates awareness of essential to the safe implementation of couples
gender power differentials. However, the feminist counseling in offender-treatment programs.
philosophy of couples counseling indicates that Given the importance of the task, the role of
both partners in a couple must be willing to assess therapists would increase in importance signifi-
and potentially radically change the distribution cantly. However, critics of couples counseling in
of power within their relationship – a challenge offender-treatment programs point to research
that may be particularly difficult for an offender demonstrating inconsistencies in therapists’
desiring to coercively control their partner. More- capacities as “gatekeepers” in identifying vio-
over, feminist theory understands perpetration of lence. Harway and Hansen (1993) found that
violence as emerging out of a desire for control, 40% of North American therapists who read a
rather than an inability to regulate anger. Due to vignette of a couple’s therapy session that pre-
the perspective that social, cultural, and political sented indicators of relationship violence failed
dynamics are the origins of domestic violence, to identify dangerous conflict and none predicted
feminist theory contends that families cannot lethality. The study then informed therapists
combat this problem alone, and call for a policy that subsequent to the therapy session the male
response to end domestic violence. raped and murdered his partner and permitted
Consistent with the assumptions of feminist respondents to revise their initial therapeutic
philosophy, opponents of couples counseling in recommendations. Even with the knowledge of
offender-treatment programs view counseling the couple’s outcome, 46% of therapists suggested
as appropriate for addressing marital conflict, ineffective or risk-increasing interventions, such
not violence, as violence comprises a distinct and as couples counseling rather than crisis inter-
criminal act, rather than one end of a contin- vention for the victim. Dudley, McCloskey, and
uum of conflict. Cooper-White (1996) proposes Kustron (2008) replicated the study, hypothesiz-
separate treatment for victims and offenders, ing that 2008 therapists’ assessments for domestic
with victims’ interests prioritized above those of violence and lethality would surpass that of the
offenders. Similarly, Frank and Houghton (1987) early 1990s based on improved professional
argue that couples counseling for domestic vio- training and heightened awareness of domestic
lence endangers the victim, promotes victim violence as a social problem. Although identifica-
blaming, ignores offender deflection and defense tion of domestic violence substantially improved,
mechanisms, reinforces stereotypical sex roles, only one therapist accurately recognized the
and may isolate the victim. The authors propose potential for lethality (Dudley et al., 2008).
that if the violence ends and both parties desire to Therapists’ belief systems and internalized
remain in a relationship, couples counseling may stereotypes may limit accurate identification of
happen only in the absence of violence for approx- domestic violence. For example, some thera-
imately one year after offender treatment ceases pists misperceive physical violence as the sole
(Frank & Houghton, 1987). Some researchers form of abuse that constitutes domestic violence.
COUPLES COUNSELING AND DOMESTIC V IOLENCE 5
Holtzworth-Munroe, A., Meehan, J. C., Herron, Shadish, W. R., & Baldwin, S. A. (2002). Meta-analysis
K., Rehman, U., & Stuart, G. (2000). Testing the of MFT interventions. In D. H. Sprenkle (Ed.), Effec-
Holtzworth-Munroe and Stuart (1994) batterer tiveness research in marriage and family therapy (pp.
typology. Journal of Consulting and Clinical Psy- 339–379). Alexandria, VA: American Association of
chology, 68, 1000–1019. doi:10.1037/0022-006X.68. Marriage and Family Therapy.
6.1000. Stith, S. M., Rosen, K. H., McCollum, E. E., & Thom-
Oka, M., & Whiting, J. B. (2011). Contemporary sen, C. J. (2004). Treating intimate partner vio-
MFT theories and intimate partner violence: A lence within intact couple relationships: Outcomes of
review of systemic treatments. Journal of Couple multi-couple versus individual couple therapy. Jour-
& Relationship Therapy, 10(1), 34–35. doi:10.1080/ nal of Marital and Family Therapy, 30(3), 305–318.
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