A Judge’s Guide

or alcohol on the day of the offense. 232 Furthermore, men who drink heavily are more likely to
commit violence crimes than those who do not. 233
D. Pre-release and sentencing conditions should include provisions addressing any
substance abuse matters given that drunkenness dramatically increases recidivism. The
judge can order that the batterer is prohibited from using drugs or alcohol, 234 whether the
offender is an adult or juvenile. Recent studies indicate that even one episode of inebriation
during the first three months after sentencing makes the batterer three and a half times more
likely to reassault his partner. 235 When compared with abusers who seldom drank, those who
drank on a daily basis were sixteen times more likely to batter their victims again. 236
Interestingly, researchers found that employment status of the offenders did not have an impact
on their likelihood of recidivism. 237 The judge will also want to seriously consider ordering the
substance abusing batterer into treatment, as participation of such services decreases the risk of
renewed violence by thirty to forty percent. 238
E. Depression or mental illness in combination with chemical dependency significantly
increased the likelihood of the user battering his children and/ or partner. When the abuser
was alcoholic and had either antisocial personality disorder or recurrent depression, researchers
found an 80 to 93% rate of violence. 239 Another study reported that severe psychopathology
increases the probability of re-assault two fold. 240 For the batterer who grew up in violent
home, alcohol abuse raised the chances of repeating the violence. 241
F. Chemically dependent victims are usually at greater risk for further harm, whether
they are abusing prescription, over-the-counter or street drugs. 242 Substance abusing victims
are often forced to return to the batterer, since many shelters will not accept alcoholics or
addicts. 243 One study found a higher rate of substance abuse among battered women, 244 but
232 Daniel Brookoff, et al., Characteristics of Participants in Domestic Violence Assessment at the Scene of
Domestic Assault, 277 JAMA 1369, 1371 (1997).
233 Oriel, supra note 6, at 495.
234 Most states’ statutes include general language similar to Texas, where a judge may order the abuser to “perform
acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood
of family violence.” TEXAS FAMILY CODE 85.022(a)(3).
235 Alison Snow Jones and Edward W. Gondolf, Time-Varying Risk Factors for Reassault Among Batterer
Program Participants, 16 J. of FAMILY VIOLENCE 345 (December 2001).
236 Id. at 353.
237 Id.
238 Id. at 355.
239 Donald G. Dutton, THE DOMESTIC ASSAULT OF WOMEN, PSYCHOLOGICAL AND CRIMINAL
JUSTICE PERSPECTIVES 13 (1988).
240 Jones and Gondolf, supra note 196 at 355.
241 Oriel, supra note 6, at 496.
242 See Jeanne McCauley, et al., The “Battering Syndrome”: Prevalence and Clinical Characteristics of Domestic
Violence in Primary Care Internal Medicine Practices, 123 ANNALS OF EMERGENCY MED. 737, 741 (1995);
and See Teri Randall, Domestic Violence Begets Other Problems of Which Physicians Must be Aware to be
Effective, 264 JAMA 940, 943 (1990).
243 Margaret Parrish, Substance Abuse, Families and the Courts, 3 J. HEALTH CARE L. AND POL’Y 191, 205
(1999). However, Tulsa’s Domestic Violence Intervention Services is a model shelter in its provision of services to
chemically dependent abuse victims. For more information, they can reached at 918-585-3170.
262